Author: Utah Courts

Rules of Juvenile Procedure – Effective November 1, 2018

URJP011. Amended. Clarifies that a request to extend the time period for filing a petition related to a detention order shall be made specifically by motion rather than merely “a separate written request.” Eliminates outdated language regarding court forms.

URJP018. Amended. Adds the term “parents” to make the language of the rule consistent with 78A-6-109.

URJP053. Appearance and withdrawal of counsel. Amended. Clarifies standards by which both retained and court-appointed counsel may withdraw as counsel of record in juvenile court proceedings.

URJP058. Amended. Adds a reference to Chapter 37 to the statement “the court shall honor the rights and procedures accorded to victims pursuant to Title 77, Chapters 37 and 38, Victims Rights.”

Supreme Court Order

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Code of Judicial Administration – Effective November 1, 2018

CJA03-0111. Performance evaluation of senior judges and court commissioners.  Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires.

Judicial Council Order

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Code of Judicial Administration – Effective June 25, 2018

CJA09-0109. Presiding judges. New. Amend. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule was effective April 1, 2018 pursuant to UCJA Rule 2-205. The final version effective June 25, 2018 adds “the media” to paragraph (3)(D)(i) in conformity with the paragraph (3)(D) title.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2018

CJA04-0202.02. Records Classification. Amend.  Allows a minor’s full name to be listed on any type of protective order, rather than initials only on adult protective orders and a full name on child protective orders.  Classifies affidavits of indigency as private record.

CJA04-0202.07. Appeals.  Amend.  Clarifies that a person may appeal a response that a record does not exist or is not maintained by the court and amends the timing for filing and responding to an appeal.

CJA04-0510.03. Qualification of ADR Providers. Amend. Updates the language of the rule to reflect the broadened scope of the new ADR ethics exam.

Judicial Council Order

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Rules Governing the Utah State Bar – Effective November 1, 2018

USB14-0409. Amend. Self-study categories of accredited MCLE defined.  Proposed changes to the rule allow up to nine (9) hours of self-study CLE credit during a compliance period for lawyers who lecture on legal topics in community outreach programs.

USB14-0413. Amend. MCLE credit for qualified audio and visual presentations, webcasts, computer interactive telephonic programs, writing, lecturing’ teaching, live attendance.  Proposed changes to the rule state the hours and types of credit that are allowed for lawyers who lecture on legal topics in community outreach programs.

Supreme Court Order for 14-0409 and 14-0413

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