Posted: June 10, 2020
Code of Judicial Administration – Effective May 12, 2020
CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”
CJA04-0302. Uniform recommended fine/bail schedule (AMEND)
Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of Corrections” and the “Juvenile Court Probation Department” because that is not always the case.
CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”
CJA04-0704. Authority of court clerks (AMEND)
Amends “bail” to “fines.”
Amends “bail schedule” to “fine schedule.”
Changes the name of the schedule to the “Uniform Fine Schedule.”
Posted: June 4, 2020
Rules of Appellate Procedure – Effective November 1, 2020
URAP009. Docketing statement. Amend. The amendments to Rule 9 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP019. Extraordinary writs. Amend. The amendments to Rule 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.
URAP028A. Appellate Mediation Office. Amend. The amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.
URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The amendments allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.
URAP044. Transfer of improperly pursued appeals. Amend. The amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.
Posted: June 4, 2020
Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2020
URGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The amendments to CJA Rule 15-707 allow Licensed Paralegal Practitioner (LPP) applicants to submit an application before completing the national certification requirement so long as that certification is completed within one year of passing the LPP exam. LPPs must complete the national certification before obtaining a license.
Posted: May 28, 2020
Rules of Juvenile Procedure – Effective May 13, 2020
URJP052. Appeal. Amended. The rule increases from 20 days to 21 days the time in which a party may petition for permission to appeal from an interlocutory order after the entry of the order of the juvenile court. This mirrors the 21 day standard contained in Rule 5(a) of the Utah Rules of Appellate Procedure.
Posted: May 1, 2020
Code of Judicial Administration – Effective May 1, 2020
CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.
CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.
CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.
CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”
CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.
CJA10-01-202. Verifying Use of Jury (REPEALED). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.
CJA Appendix F. Utah State Court Records Retention Schedule. Eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently. Because Rule 9-301 was repealed, those records should now be destroyed at the same time as the file to which the record pertains. Changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.
Posted: April 14, 2020
Rules of Juvenile Procedure – Effective May 1, 2020
URJP027A. Admission of statements given by minors. Amended. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Clarifies that the state retains the burden of proving that the waiver was knowing and voluntary regardless of the child or minor’s age. Also deletes the Advisory Committee Note.
Posted: April 10, 2020
Rules of Appellate Procedure – Effective April 2, 2020
URAP002. Suspension of rules.
URAP003. Appeal as of right: how taken.
URAP004. Appeal as of right: when taken.
URAP009. Docketing statement.
URAP011. The record on appeal.
URAP012. Transmission of the record.
URAP014. Review of administrative orders: how obtained; intervention.
URAP020. Habeas corpus proceedings.
URAP021. Filing and service.
URAP022. Computation and enlargement of time.
URAP024. Principal and reply briefs.
URAP027. Form of briefs.
URAP029. Oral arguments.
URAP031. Expedited appeals decided after oral argument without written opinion.
URAP033. Damages for delay or frivolous appeal; recovery of attorney’s fees.
URAP037. Suggestion of mootness; voluntary dismissal.
URAP038B. Qualifications for appointed appellate counsel.
URAP040. Attorney’s or party’s signature; representations to the courts; sanctions and discipline.
URAP041. Certification of questions by law of United States courts.
URAP042. Transfer of case from Supreme Court to Court of Appeals.
URAP043. Certification by the Court of Appeals to the Supreme Court.
Supreme Court Order – Amending Advisory Committee Notes to rules 2, 3, 9, 21, 22, 24, 27, 38B, 40, 41, 42, and 43
Supreme Court Order – Removing Advisory Committee Notes to rules 4, 11, 12, 14, 20, 29, 31, 33, 37, and 41
Posted: April 10, 2020
Code of Judicial Conduct – Effective May 1, 2020
CJC02.11. Disqualification. Amended. The amendments clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.
Posted: April 6, 2020
Code of Judicial Administration – Expedited Adoption of CJA 1-205 – Effective March 13, 2020
CJA01-0205. Standing and ad hoc committees. Amended. Changes the composition of the Utah Judicial Council’s Standing Committee on Children and Family Law based, in part, on amendments to Utah law. Removes a legislative position, updates the mediator position, and adds a mental health professional.