To establish procedures governing the advisory committees.
This rule shall apply to the Supreme Court and the Supreme Court advisory committees.
Statement of the Rule:
(1) Petitions. Petitions for the adoption, repeal or amendment of a rule of procedure, evidence, or professional conduct, may be submitted by any interested individual to the chair of an advisory committee, or to the Supreme Court. Petitions shall be in writing, and should set forth the proposed rule, amendment, or instruction, or the text of the rule or instruction proposed for repeal, and shall specify the need for and anticipated effect of the proposal.
(2) Committee agenda. The Supreme Court shall forward petitions to the chair of the appropriate committee. All petitions shall be placed on the committee’s agenda for consideration and the committee shall provide written notification of committee action to petitioners. In addition to petitions, the chairs shall place on the agenda any item of interest to the committee.
(3) Committee work. Committees shall meet as a whole, at the direction of the chair, to discuss and vote upon recommendations and to prepare written recommendations to the Supreme Court concerning petitions or committee-initiated proposals. A majority of the members of the committee shall constitute a quorum for the transaction of business. The chair may cast a vote only to break a tie vote of the members present. Voting by proxy shall not be allowed.
(4) Expedited procedures. Committees shall adopt expedited procedures for bypassing full committee processes and recommending rules to the Supreme Court when time is of the essence, such as when immediate rule changes may be required due to changes or proposed changes in the law. The Supreme Court shall review and deny, modify, or approve any expedited procedures that involve bypassing the full committee.
(5) Minutes. Minutes shall be taken at all meetings of the committee of the whole and a copy shall be forwarded to the Supreme Court’s liaison for the committee.
Effective February 4, 2020 pursuant to CJA Rule 11-105(5)
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.