CJA04-0202.02 – Utah Court Rules

Posted: December 3, 2024

Approved Amendments to Utah Code of Judicial Administration – Effective May 1, 2025

CJA4-202.02. Records Classification. Amend. The amendments reclassify probation progress/violation reports as protected records, classify “nonpublic restitution records” as sealed records in accordance with Utah Code, and update statutory references.

CJA4-202.03. Records access. Amend. The amendments are non-substantive clerical changes.

CJA6-104. District court water judges. Amend. The amendments clarify that the supervising water judge is responsible for reassigning water cases upon the retirement of a water judge.

Judicial Council Order

Posted: December 20, 2023

Code of Judicial Administration – Effective January 1, 2024

CJA03-0108. Judicial assistance (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a juvenile court presiding judge as the signing judge for automatic expungement orders in juvenile court cases within the presiding judge’s district.

CJA04-0202.02. Records classification (AMEND)

CJA04-0202.03. Records access (AMEND)

*Note: Rule drafts include amendments approved by the Judicial Council on November 20, 2023, also effective January 1, 2024.

Amends records classification and access to certain juvenile court social records, juvenile court legal records, and adoption records to align with rules of procedure and Utah code. Amendments also allow attorneys representing individuals authorized access to adoption, expungement, and juvenile court social records to obtain copies of the records with a signed and notarized release.

Judicial Council Order for CJA Rules 3-108, 4-202.02, and 4-202.03

CJA04-0208. Automated case processing procedures (AMEND). Expands the rule to encompass an automated expungement process for successful nonjudicial adjustments in juvenile court cases and prohibits judges from manually issuing automatic expungement orders outside of automated processes approved by the Judicial Council.

Judicial Council Order for CJA Rule 4-208

Posted: November 21, 2023

Code of Judicial Administration – Effective January 1, 2024

CJA06-0301. Authority of court commissioner as magistrate. (AMEND). Within the bounds of Utah Code section 78A-5-107 and constitutional limitations on the delegation of judicial authority, broadens commissioners’ magistrate authority.

Supreme Court Order for CJA 6-301

CJA04-0202.08. Fees for records, information, and services. (AMEND). Clarifies that court appointed attorneys requesting records on behalf of an indigent client qualify for a fee waiver. Removes bulk data fees and individual hourly rates from the rule. Rates will be posted on the court webpage.

Supreme Court Order for CJA 4-202.08

CJA04-0202.02. Records classification. (AMEND)

CJA04-0202.03. Records access. (AMEND)

Classifies video records of court proceedings as sealed and limits access to official court transcribers, court employees, and anyone by court order.

Supreme Court Order for CJA 4-202.02

Supreme Court Order for CJA 4-202.03

Posted: April 24, 2023

Code of Judicial Administration – Effective April 25, 2023

CJA04-0202.02. Records classification (AMEND). The proposed amendments update statutory references and include three substantive changes:

Classifies records related to Court Commissioner Conduct Committee and Council actions under CJA Rule 3-201.02 as “private,” except for public censures by the Judicial Council.
Safeguards contact information in domestic cases upon request, if the individual’s contact information has been safeguarded in a protective order or stalking injunction action under (8)(A) or in the cases listed under (8)(B).
In response to S.B. 93, classifies:
- sex designation records for both minors and adults as “private;”
- name change records for both minors and adults as “public,” and
- records in cases involving both a name change and a sex designation change, for minors and adults, as “private” (with a few exceptions).

Judicial Council Order

Posted: November 21, 2022

Code of Judicial Administration – Effective November 21, 2022

CJA04-0202.02. Records classification (AMEND). Records previously designated as sealed by another court remain sealed in the record on appeal. Records may be unsealed by court order.

Judicial Council Order

Posted: December 22, 2021

Code of Judicial Administration – Effective May 1, 2022

CJA01-0303. Internal procedures and organization. (AMEND). Allows for reports from the Boards of District, Juvenile, and Justice Court Judges to be provided twice each year rather than quarterly.

CJA02-0101. Rules for the conduct of Council meetings. (AMEND)

CJA05-0101. The Board of Appellate Court Judges. (AMEND)

CJA06-0101. The Board of District Court Judges. (AMEND)

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. (AMEND)

CJA09-0101. Board of Justice Court Judges. (AMEND)

Removes the requirement to follow Robert’s Rules of Order. Boards and Committees will use general principles for conducting meetings in an orderly and professional manner.

CJA03-0401. Office of General Counsel. (AMEND). Clarifies that the General Counsel’s Office is not required to provide staff support for all Judicial Council and Supreme Court committees.

CJA04-0202.02. Records classification. (AMEND).The amendment at line 170 clarifies that a minor’s name is only public in criminal cases if the minor is a party. The amendment at lines 273-274 removes a reference to Utah Code Title 77, Chapter 3a because stalking injunctions are now codified with protective orders in Utah Code Title 78B, Chapter 7.

CJA04-0208. Automatic expungement of cases. (NEW).Governs the Administrative Office of the Court’s development and implementation of an automated expungement process. The rule requires approval by the Judicial Council of all automated processes and approval of the form and content of automated orders. Processes must also meet any requirements under the Rules of Criminal Procedure.

Judicial Council Order

Posted: January 25, 2021

Code of Judicial Administration – Effective December 5, 2020

CJA04-0202.02. Records Classification (AMEND). Clarifies that all records related to determinations of indigency are private records.

Judicial Council Order

Posted: October 27, 2020

Code of Judicial Administration – Effective November 1, 2020

CJA03-0104. Presiding Judges (AMEND). Defines “submitted” for purposes of the cases under advisement performance standard.

CJA03-0111. Performance Evaluation of senior judges and court commissioners (AMEND).Defines “submitted” for purposes of the cases under advisement performance standard, and states that senior judges and court commissioners can overcome a presumption against certification if they can show that their failure to comply with education requirements or the Code of Judicial Conduct was beyond their personal control.

CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.

CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.

CJA03-0407. Accounting (AMEND). Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.

CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.

CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”

CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.

Judicial Council Order

Posted: October 1, 2019

Code of Judicial Administration – Effective November 1, 2019

CJA04-0202.02. Records Classification. AMEND – Adds licensed paralegal practitioners to the public indexes in paragraph (2)(L) and makes the business contact information of licensed paralegal practitioners appearing in a case public in paragraph (2)(O).

Judicial Council Order

Posted: December 19, 2018

Code of Judicial Administration – Effective January 1, 2019

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.”

Judicial Council Order