November 2020 – Utah Court Rules

Posted: November 30, 2020

Rules Governing the Utah State Bar – Effective May 1, 2021

Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-1101. Definitions.

USB14-1102. Purpose and composition of the committee.

USB14-1105. Selection of the arbitration panel; additional claims.

USB14-1107. Award; form; service of award; judicial confirmation of award.

USB14-1108. Relief granted by award; accord and satisfaction to court; confidentiality; enforceability of award; claims of malpractice.

USB14-1114. Matters entitled to mediation.

Supreme Court Order

Posted: November 25, 2020

Code of Judicial Administration – Effective November 23, 2020

CJA Appendix J. Ability-to-Pay Matrix (AMENDED). In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix. The Ability-to-Pay Matrix provides recommended monetary bail amounts using the poverty guidelines and an individual’s risk of failing to appear in court. Setting monetary bail is a highly fact dependent decision. The recommended amounts do not reflect the maximum amount a judge may order. Judges should ordinarily impose monetary bail based on a person’s ability-to-pay. However, judges continue to have the same discretion to deviate from the recommended amounts as they had under the Uniform Fine and Bail Schedule, provided judges conduct an individualized assessment of ability-to-pay and risk.

Judicial Council Order

Posted: November 19, 2020

Rules Governing the Utah State Bar – Effective November 12, 2020

USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half. Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.

USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.

USB14-0705. Admission by motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.

Supreme Court Order