Code of Judicial Conduct – Effective November 1, 2019
CJC04.1. AMEND. The proposal will exempt judicial candidates from certain prohibitions on political activity.
Month: September 2019
Posted: September 23, 2019
Posted: September 19, 2019
Rules of Evidence – Effective November 1, 2019
URE0617. Eyewitness Identification. NEW. Rule 617 is a new rule outlining the criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification. This rule ensures that when called upon, a trial court will perform a gatekeeping function and will exclude unreliable eyewitness identification evidence in a criminal case. Several organizations, including the Department of Justice and the ABA, have published best practices for eyewitness identification procedures when a witness is asked to identify a perpetrator who is a stranger to the witness. As scientific research advances, other factors in addition to those outlined in Subsection (b) may be considered.
Posted: September 19, 2019
Rules of Civil Procedure and Rules of Juvenile Procedure – Effective November 1, 2019
URCP058B. Satisfaction of judgment. Amend. Updates terminology and provides that the juvenile court will file an abstract of judgment in the district court upon entering an unpaid restitution order as a civil judgment. Also provides that If the judgment falls under Rule 58 of the Utah Rules of Juvenile Procedure, the judgment creditor must file an acknowledgment of satisfaction in both the district court and the juvenile court within 28 days after full satisfaction of the judgment.
URJP058. Victim rights. Amend. Provides that if the juvenile court enters an unpaid restitution order as a civil judgment, the juvenile court will file an abstract of judgment in the district court. The victim is entitled to enforce the judgment in the district court and the judgment shall be treated in all respects as if the judgment was originally entered in the district court.
URJP032. Initiation of ungovernability and runaway cases. Amend. Revised to reflect that the rule applies to children and not minors and to mirror the language of Section 78A-6-103(3).
Supreme Court Order for URCP058B
Supreme Court Order for URJP058
Supreme Court Order for URJP032
Posted: September 19, 2019
Code of Judicial Administration – Effective November 1, 2019
CJA07-0302. Court reports prepared for delinquency cases (formerly titled “Social studies”). AMEND. Changes “social studies” to “court reports” to reflect current nomenclature. Provides greater detail regarding information to be included in court reports. Makes non-substantive stylistics changes.
Judicial Council Order for CJA07-0302
CJA04-0202.03. Records access. AMEND. Permits a parent or guardian of a minor victim to access the disposition order entered in a delinquency case.
CJA04-0903. Uniform custody evaluations. AMEND. Adds “Licensed Clinical Mental Health Counselor” to list of professionals who may perform custody evaluations and replaces list of statutory custody factors with citation to relevant sections of Utah Code.
Posted: September 5, 2019
Code of Judicial Administration – Effective September 1, 2019
CJA01-0204. Executive committees. AMEND. Clarifies role of Policy and Planning Committee regarding human resources policies and procedures.
CJA03-0402. Human resources administration. AMEND. Updates committee membership and clarifies workflow for processing proposed revisions to the human resource policies and procedures.