Author: Utah Courts

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Rules of Criminal Procedure – Effective July 19, 2022

URCrP012.5. Notice of transfer Domestic Violence case from Justice Court to District Court. (NEW). On July 1, 2022, H.B. 196 went into effect, modifying Section 78A-7-106 of the Utah Code. The statute now includes a provision whereby a domestic violence case set for trial in a justice court may be transferred to a district court after the prosecuting attorney or defendant files a notice of transfer. Rule  12.5 proposes procedure justice courts and district courts should follow to effectuate this transfer.

Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved new Rule 12.5 of the Utah Rules of Criminal Procedure for expedited adoption and a 45-day comment period.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0209. Utah Bar Foundation. REPEAL. The Utah Bar Foundation amended and restated its Articles of Incorporation and Bylaws and no longer has a defined membership. This rule is thus moot and is therefore repealed.

Background
The Utah Bar Foundation (UBF) was created in 1963 as a 501(c)(3) organization. Its original purpose was to raise funds from members of the legal community in order to support civil legal aid for lower-income Utahns, to fund law-related education, to further the administration of justice, and to support other worthwhile law-related causes.
Section 2.1 of UBF’s 1963 founding Bylaws stated the following: “Section 2.1 Classification, Qualification, Privileges and Election of Members. The corporation shall have one class of members consisting of all duly qualified, active members of the Utah State Bar who are in good standing. Each member shall have one (1) vote at any meeting of the members.” At some point many years ago, language in substantially the same form was codified in Rule 14-209.
UBF stopped raising private funds from the legal community in 1999 when nonprofit “and Justice for all” was created. “and Justice for all” now serves as the primary fundraising organization in the legal community.
Because UBF has evolved to receive financial support from a wide variety of sources and not solely from private legal community funds, the UBF Board held a meeting of its members to vote on proposed Amended and Restated Articles of Incorporation and Bylaws that would eliminate a defined membership. By removing the defined membership, now any active, inactive, and non-attorney with an interest in access to justice issues is eligible to serve on the Utah Bar Foundation Board of Directors. It also rendered moot the language of Rule 14-209.
The vote on the Amended and Restated Articles of Incorporation and Bylaws took place in December 2021. All duly qualified, active members of the Utah State Bar in good standing were invited to attend. Notice for that meeting was provided in the Utah Bar Journal and given via email to all qualified UBF members as their email addresses appeared on the records of the Utah State Bar.
Please contact the Foundation offices for any questions or additional information at 801-297-7046 or via email at kim@utahbarfoundation.org.

 

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2022

URAP014. Review of administrative orders: how obtained; intervention. Amend. The amendments to Rule 14, which addresses review of administrative orders, is to allow parties to file a cross-petition when a petition for review is filed by another party. The amendments respond to the Utah Court of Appeals’ observation that allowing cross-petitions in administrative appeals would further judicial efficiency. See Watson v. Lab. Comm’n, 2020 UT App 170, ¶1 n.1, 480 P.3d 353.

Supreme Court Order

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Rules of Criminal Procedure – Effective July 13, 2022

URCrP042. Expungement. (NEW). Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved Rule 42 of the Utah Rules of Criminal Procedure for expedited adoption and another round of public comment. This version of the Rule includes technical and substantive corrections to match procedures for automatic expungement provided by Utah Code Ann. 77-40a-201. The Rule further contemplates protocol that the Administrative Office of the Courts will follow to create lists of expungement-eligible cases and identify and remove from those lists cases that do not meet eligibility criteria or are objected to by victims or prosecutors.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0701. Definitions. AMEND.

  • In acknowledging the remote work environment created by the pandemic, amendments remove the requirement that “active practice” activities be performed in the jurisdiction in which the applicant is admitted.
  • Amendments also remove teaching full-time at an approved law school as an “active practice” activity in favor of creating an exception for this type of work under Rule 14-705, which is the admission by motion rule.

USB14-0705. Admission by motion. AMEND.

  • Amendments remove geographic restrictions for purposes of counting years of practice toward admission by motion requirements.
  • Amendments allow time in Utah to count toward time practicing in another jurisdiction so long as the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct.
  • Amendments reduce the amount of time a lawyer must have practiced in another jurisdiction from 60 months to 36 months.
  • Amendments also exempt full-time Utah law professors from the requirement of being engaged in the active full-time practice of law for the relevant time period, so long as they have worked at least 80 hours per month as a law professor during that time.

USB14-0712. Qualifications for admission based on UBE. AMEND.

  • Paragraph (c)(2) currently provides that a UBE score may be transferred up to 5 years after exam administration if the attorney applicant can prove that they have practiced for at least 2 ½ years.
  • Repeal of paragraph (c)(2) would bring the rule in line with Rule 14-705 amendments by funneling such applicants through the admission by motion process rather than the UBE score transfer process.

USB14-0809. Practice Pending Admission. AMEND.

  • Amendments to paragraph (c)(3) conform to Rule 14-705 amendments regarding geographic restrictions and time spent practicing.
  • Amendments also expand practice eligibility:
    • from one year to eighteen months after certificate issuance, and
    • from one failed Bar exam attempt to two failed Bar exam attempts.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective June 8, 2022

USB14-0807. Law school student and law school graduate legal assistance. AMEND.

  • Amendments extend law school graduate practice eligibility:
    • from one year to eighteen months after graduation, and
    • from one failed Bar exam attempt to two failed Bar exam attempts.
  • Amendments also fix a number of formatting issues, simplify language, and add headings for easier application.
  • New paragraph (g)(3)(G) provides that if a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at the attorney’s discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name.

 

Supreme Court Order

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Code of Judicial Administration – Effective November 1, 2022

CJA03-0421. WINGS Committee. (NEW). Outlines the roles and responsibilities of the new Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

CJA04-0903. Uniform custody evaluations. (AMEND). Limits the circumstances under which a custody evaluation can be ordered, outlines the training requirements of those who conduct custody evaluations, and shortens the time period in which a party must request a custody evaluation from 45 days to 28 days after the custody evaluation conference.

CJA06-0104. Water law judges. (NEW). New rule creating designated water judges in district court to handle cases involving water law and the adjudication of water rights.

Judicial Council Order

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Code of Judicial Administration – Effective May 23, 2022

CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.

CJA01-0204. Executive committees. (AMEND).

CJA 01-0205. Standing and Ad Hoc Committees. (AMEND).

Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.

Judicial Council Order

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