Author: Utah Courts

Code of Judicial Administration – Effective Date May 30, 2024

CJA01-0305. Board of senior judges. Amend. Expands membership on the Board to include senior justice court judges and revises term lengths and the number of Board meetings.

CJA03-0104. Presiding judges. Amend. Removes the requirement to send notice of a senior judge assignment to the State Court Administrator.

CJA03-0108. Judicial assistance. Amend. Adds water law cases to the criteria for transferring or assigning senior judges, and  clarifies and simplifies considerations for assigning senior judges.

CJA03-0111. Performance evaluations. Amend. Removes references to senior judges. The process for evaluating senior judge performance has been incorporated into Rule 11-201.

CJA03-0113. Senior judges. Amend. Requires the AOC to provide a new senior judge orientation and expands the responsibilities of court executives in providing support for senior judges.

CJA03-0403. Judicial branch education. Amend. Clarifies that “annually” refers to the fiscal year and revises and simplifies education requirements for active and inactive senior judges.

CJA03-0501. Insurance benefits upon retirement. Amend. Revises qualifications for incentive benefits.

CJA011-0201. Senior Judges. Amend.

CJA.011-0203. Senior Justice Court Judges. Amend. 

The amendments to Rules 11-201 and 11-203: (1) clarify and revise qualifications for appointment of senior judges, (2) establish qualifications and processes for reappointment of senior judges, (3) establish and revise standards and processes for performance evaluation of senior judges, (4) clarify the role of the Judicial Council in the appointment and reappointment of senior judges, (5) revise the terms of office and authority of senior judges, and (6) include general cleanup for clarity and consistency.

 

CJA01-0305. Judicial Council Order

CJA03-0104. Judicial Council Order

CJA03-0108. Judicial Council Order

CJA03-0111. Judicial Council Order

CJA03-0113. Judicial Council Order

CJA03-0403. Judicial Council Order

CJA03-0501. Judicial Council Order

CJA011-0201, CJA011-0203. Supreme Court Order

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Code of Judicial Administration – Effective Date May 1, 2024

CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.

CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.

CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.

CJA04-0601. Judicial Council Order

CJA02-0212. Judicial Council Order

CJA04-0907. Judicial Council Order

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Rules of Appellate Procedure – Effective May 1, 2024

URAP010.Procedures for summary disposition or simplified appeal process. The amendments to Rule 10 include: (1) adding a provision to allow the appellate courts to dismiss an appeal for failure to prosecute if, after 150 days, the reasons the appeal was tolled under Rule 4(b) or Rule 4(c) are not resolved; and (2) to clean-up for clarity and consistency.

URAP057.Record on appeal; transmission of record; supplementation of the record. The amendment to Rule 57 modifies the definition of the record on appeal for child welfare cases, and makes the rule consistent with Rule 11.

Supreme Court Order

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Rules Governing the Utah State Bar and Rules of Professional Practice – Effective May 1, 2024

Move the Mandatory Continuing Legal Education Rules from Chapter 14, Article 4 to Chapter 11 in a new Article 6; to repeal Chapter 14, Article 4; to then renumber rules referenced in the new Article 6;  Moving the article from the chapter entitled “Rules Governing the Utah State Bar, to the chapter entitled “General Provisions will help to distinguish the responsibility of the Court from the activities of the Bar.

Article 6; Clarify Board governance and make duties more transparent; The new rule includes “the Director” in the definitions, with a description that will help to clarify that the Director is appointed by the Court and supervised by the Board.

Expanding the definition of accredited “Professionalism and Civility CLE” to include instruction on Well-being and law practice management; incorporating the term “substance use disorder” and “instruction on equal access to justice, fairness, and respect for others.”

Increasing the time from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status before changing to active status without complying with the annual CLE requirements.

Technical amendments clarifying that the total number of Board members is ten, excluding any additional emeritus members; and formalizing that a quorum for taking action is six.

Chapter 14 Article 4

USB14-0401. Purpose. Amend.

USB14-0402. Definitions. Amend

USB14-0403. Establishment and membership of Board. Amend

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend.

USB14-0405. MCL requirements for lawyers and paralegal practitioners on inactive status. Amend.

USB14-0406. MCL requirements for lawyers on active military duty and lawyers who are spouses of active military members stationed in Utah. Amend.

USB14-0407. MCL requirements for lawyers on active emeritus status. Amend.

USB14-0408. Credit hour defined; application for approval. Amend.

USB14-0409. Categories of Elective CLE defined. Amend.

USB14-0410. Accreditation of MCLE; undue hardship and special Accreditation. Amend.

USB14-0411. Board Accreditation of CLE. Amend.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend.

USB14-0413. CEL Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. Amend.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; retirement. Amend.

USB14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB14-0416. Lawyers on active status not practicing law in Utah; Paralegal Practitioners on active status outside of Utah; Lawyers or paralegal practitioners on active status engaged in full-time volunteer work in remote locations. Amend.

USB14-0417. Miscellaneous fees and expenses. Amend.

USB14-0418. Remote group CLE. Amend.

USB14-0419. CLE credit for Pro Bono Legal Services. Amend.

Supreme Court Order

 

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