Author: Utah Courts

CHIEF JUSTICE ISSUES ORDER COURTS ARE OPEN, BUT ALL NON-ESSENTIAL HEARINGS ARE DELAYED

Salt Lake City, UT— Utah Chief Justice Matthew Durrant has issued a follow-up order to his March 12th order regarding court operation during the pandemic. Today’s order provides the public and the Appellate, District, Juvenile, and Justice courts with more detailed information about court operations in the state during the pandemic. The most important message for the public is that the Courts in the state of Utah are open for business. Effective immediately, however, all non-essential court hearings will be delayed until further notice. The order issued today provides guidance on the types of hearings that are considered essential and will not be delayed. Courts have also taken steps to lessen the spread of the virus by cancelling group gatherings, and by using technology, when possible, to hold essential hearings.
“To be clear, the courts will continue to operate and provide mission-essential functions such as proceedings involving in-custody defendants and protective orders, to name a few,” said Chief Justice Durrant. “Using technology, we will continue to find ways to serve the public while reducing the number of people who need to physically come to court.”
Courts will be open to accept filings. The public can find more information at utcourts.gov on COVID-19. For details on the hearings, please refer to the Administrative Order.

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CHIEF JUSTICE ISSUES ORDER REGARDING COVID-19 PANDEMIC

Salt Lake City, UT— Utah Chief Justice Matthew Durrant has issued an order outlining a first set of guidelines for the state court system as it confronts COVID-19.
“The health and safety of those who come into our courthouses and courtrooms seeking justice is a deep concern for me, our court staff, and our judges. We are also deeply concerned about the safety of our employees,” Durrant said. “At the same time, the mission-critical work of the courts must continue. Over the years, the Utah Judiciary has planned extensively for different types of emergencies, including a pandemic, so that we can continue our work when events like this occur.”
Chief Justice Durrant’s order follows Gov. Gary Herbert’s declaration of a statewide emergency earlier this week and the World Health Organization’s announcement that COVID-19 has become a pandemic. The order directs courts statewide to begin taking steps to lessen the impact of the virus by using measures like social distancing, sanitary precautions, and conducting business using technology. The Courts recognize that we all have an obligation to take steps to try to slow the spread of the virus in our communities. We are cancelling non-essential group gatherings, and we are working with our community partners, including sheriffs, prosecutors, defense attorneys and others, to cancel non-essential proceedings and to transition proceedings to video hearings where possible.
Additional orders and guidelines will be issued as the need arises. Utah’s state court system intensified our emergency preparedness planning in 2009 in response to the H1N1 influenza pandemic. We have updated our plan in response to the Covid-19 pandemic.
Any member of the public who has a question about court operations during the pandemic should consult the Utah Court website at utcourts.gov, which includes Covid-19 alerts.

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NOMINEES ANNOUNCED FOR SALINA CITY JUSTICE COURT VACANCY

Salina, UT—The Sevier County Nominating Commission has selected three nominees for a judicial vacancy in the Salina City Justice Court. The position will replace Judge Cordell Pearson who left the position in December 2019.
Following are the nominees followed by place of employment and residence:

• Judge Mark McIff, J.D., Judge of justice courts throughout Sevier County, Piute County, and Sanpete County, resident of Richfield;
• Megan Mustoe, J.D., Attorney at Law, resident of Richfield; and
• Judge Cyndee Probert, Judge of the Fillmore City Justice Court, resident of Scipio.

A comment period will be held through Feb. 28, 2020. A final candidate will then be selected by Salina City Mayor Jed Maxwell who has 30 days to make an appointment. The appointment is subject to ratification by the Salina City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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NOMINEES ANNOUNCED FOR AURORA CITY JUSTICE COURT VACANCY

Aurora, UT—The Sevier County Nominating Commission has selected three nominees for a judicial vacancy in the Aurora City Justice Court. The position will replace Judge Cordell Pearson who left the position in December 2019.
Following are the nominees followed by place of employment and residence:

• Judge Mark McIff, J.D., Judge of justice courts throughout Sevier County, Piute County, and Sanpete County, resident of Richfield;
• Megan Mustoe, J.D., Attorney at Law, resident of Richfield; and
• Judge Cyndee Probert, Judge of the Fillmore City Justice Court, resident of Scipio.

A comment period will be held through Feb. 28, 2020. A final candidate will then be selected by Aurora City Mayor Daven Quarnberg who has 30 days to make an appointment. The appointment is subject to ratification by the Aurora City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, please contact Amy Hernandez at amymh@utcourts.gov.

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NOMINEE NAMED TO FILL RIVERDALE JUSTICE COURT VACANCY

Riverdale, UT—The Weber County Judicial Nominating Commission has announced the appointment of Paul Olds to fill the Riverdale Justice Court vacancy. The position replaces Judge Reuben Renstrom who resigned in May 2019.

Paul Olds holds two Bachelor of Science degrees from the University of Utah. In Dec. of 1993, he graduated from the University of Nebraska College of Law. After graduating, he practiced law in Northern Utah for over 25 years. For nine of those years, he served as an Assistant City Attorney for the cities of Ogden and Riverdale. He also served as the public defender for the cities of Clearfield and Harrisville. As private defense counsel, he handled matters in most of the justice and district courts in Northern Utah. For 10 years, he also taught criminal and business law courses at Weber State University.

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NOMINEE NAMED TO FILL GRAND COUNTY JUSTICE COURT VACANCY

Grand County, UT—The Grand County Judicial Nominating Commission has announced the appointment of Danalee Welch-O’Donnal to fill the Grand County Justice Court vacancy. The position replaces Judge David Tubbs who left the position in November 2019.

Danalee Welch-O’Donnal graduated high school in 1998 where she received a full tuition scholarship to the Utah State University (USU) through the 4-H program. She attended USU for one year, seeking a degree in Elementary Education. She later transferred to the College of Eastern Utah (CEU), Moab Extension. After receiving her education, she began working at the Grand County Attorney’s Office where she was employed as a paralegal working on criminal and civil matters.

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JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Aurora, UT—The Sevier County Judicial Nominating Commission has scheduled a meeting on Jan. 28, 2020 to review applications for the vacancy in the Aurora City Justice Court. The successful candidate will replace Judge Cordell Pearson who left the position in December 2019. The Commission will begin the meeting at 4 p.m. at the Aurora City Offices located at 20 S. 120 E. in Aurora, Utah 84620.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 4 p.m. to 4:20 p.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Salina, UT—The Sevier County Judicial Nominating Commission has scheduled a meeting on Jan. 30, 2020 to review applications for the vacancy in the Salina City Justice Court. The successful candidate will replace Judge Cordell Pearson who left the position in December 2019. The Commission will begin the meeting at 12 p.m. at the Salina City Justice Court located at 90 W Main in Salina, Utah 84654.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and improvements to the system. Public comments will be accepted from 12 p.m. to 12:20 p.m. Following the public comment period, the meeting will be closed to allow commission members to review applications for the vacancy.

Individuals interested in appearing before the commission during the public comment portion of the meeting should contact Amy Hernandez at (801) 578-3809 or amymh@utcourts.gov to request an appointment.

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NOMINEE NAMED TO FILL HARRISVILLE JUSTICE COURT VACANCY

Harrisville, UT—The Weber County Judicial Nominating Commission has announced the appointment of Judge Trent Nelson to fill the Harrisville Justice Court vacancy. The position replaces Judge Reuben Renstrom who resigned effective May, 2019.

Trent Dee Nelson currently serves as the justice court judge for the Roy/Weber County Justice Court which serves the communities of Roy City, unincorporated Weber County, West Haven City and Hooper City. Prior to being appointed to the bench, he was the assistant city attorney/prosecutor for Roy City. He also previously worked as a sole practitioner in the areas of juvenile law, family law, and estate planning. Judge Nelson is a trained domestic mediator and has a bachelor’s degree from Weber State University in Economics, a law degree from Brigham Young University, and an MBA from Utah State University. He currently serves as the presiding judge for the Second District justice courts (Weber, Davis and Morgan counties). In addition to serving as a presiding judge, Judge Nelson serves on the Utah Judicial Ethics Advisory Committee, the Utah Supreme Court’s Advisory Committee on the Rules of Professional Conduct, and the Child Welfare Improvement Council of DCFS.

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JUDGES TO DETERMINE NEED FOR GRAND JURY

Logan, UT— A panel of judges is scheduled to meet on Jan. 9, 2020, to hear testimony to determine whether good cause exists to call a grand jury. The meeting will take place at 135 North 100 West, Logan, UT 84321.
Those wanting to testify before the panel of judges should contact Michael C. Drechsel, Assistant State Court Administrator for the Administrative Office of the Courts, at (801) 578-3821 by Thursday, Jan. 2, 2020, at 5 p.m. to schedule an appointment. If no appointments are scheduled by that time, the meeting will be canceled without further notice.
Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.
Utah’s Grand Jury Statute requires a panel of judges selected from throughout the state to hold hearings in each judicial district every three years. The purpose of the hearings is to determine whether a grand jury needs to be summoned based on evidence of criminal activity. The Grand Jury Panel is comprised of the following judges: Supervising Judge W. Brent West, 2nd District Court; Judge Lynn W. Davis, 4th District Court; Judge Elizabeth Hruby-Mills, 3rd District Court; Judge Eric A. Ludlow, 5th District Court; and Judge Kara Pettit, 3rd District Court.
The Attorney General, a county attorney, district attorney, or special prosecutor appointed under U.C.A. section 77-10a-1 can also present evidence of criminal activity. The panel of judges will hear, in secret, all persons claiming information that justifies calling a grand jury. All individuals appearing before the panel of judges will be placed under oath. If a grand jury is summoned, the jurors will be called from the state-at-large or any judicial district within the state.
Additional information regarding the Grand Jury panel of judges is available at the Utah Court’s website or in the Utah Code.
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