CJA01-0205. Standing and ad hoc committees (AMEND). Adds members to the Judicial Council’s Standing Committee on Fairness and Accountability.
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.
CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.
CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.
CJA04-0302. Recommended Uniform Fine Schedule. (AMEND). In May 2020, the Management Committee approved changing the name of the committee from “Recommended Uniform Fine Schedule Committee” to “Recommended Uniform Fine Committee,” but the name wasn’t amended in the rule. The proposed amendment simply reflects the approved name change.
CJA01-0205. Standing and ad hoc committees (AMEND)
The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.
CJA03-0415. Auditing (AMEND)
The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.
CJA03-0419. Office of Fairness and Accountability (NEW)
Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.
CJA04-0206. Exhibits (AMEND)
The approved amendments address custody, disposal, and storage of physical and electronic evidence.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND)
The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.
CJA07-0302. Court reports prepared for delinquency cases (AMEND)
The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.
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.”
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.
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.
CJA01-0205. Standing and Ad Hoc Committee. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.
CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”
CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.
CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.
CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.
CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.
CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.
CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.
CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.
CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.
CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners. Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.
CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.
CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.
CJA01-0205. Standing and Ad Hoc Committees.
AMEND – Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND – Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
CJA04-202.02. Records Classification.
AMEND – Classifies abstracts of juvenile court judgments filed in district court as “private” court records.
CJA04-508. Guidelines for Ruling on Motion to Waive Fees.
AMEND – Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).
CJA Appendix I. Summary of Classification of Court Records.
AMEND – Change classification of “Criminal Investigations” case type from “Protected” to “Public unless otherwise ordered.”
CJA01-0205 Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.
CJA03-0104 Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.
CJA03-0201 Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.
CJA06-0501 Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.