Category: CJA04-0202.02

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:

  1. 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.
  2. 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).
  3. 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

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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

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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

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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

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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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Code of Judicial Administration – Effective November 1, 2016

CJA03-0403 Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA04-0202.02 Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA04-0404 Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA04-0903 Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

Approved minutes

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