Category: CJA04-0508

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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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Code of Judicial Administration – Effective May 1, 2019

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 AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.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.

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

CJA 01-0205. Standing and ad hoc committees. Amend. Changes the name of the Court Interpreter Committee to the Language Access Committee.
CJA 02-0206. Effective date of rules. Amend. Designates May 1 and November 1 as the presumed effective date of Judicial Council rules.
CJA 03-0306. Court interpreters. Amend. Creates a complaint process for failure to follow the requirements of the rule. Clarifies that Rule 3-306 is not authority to charge for language access costs. Cites the competing authority of federal and state law. Recognizes interpreter credentials from other states. Requires staff to be acting within the scope of human resource policies and procedures, which includes qualifications for a second language stipend, before engaging in a first-hand conversation with a person of limited English proficiency.
CJA 03-0402. Human resources administration. Amend. Changes the name of the career service review board to the grievance review panel.
CJA 03-0414. Court security. Amend. The amendment removes a reference to proselytizing that arguably limits the scope of the restriction on demonstrating or pamphleteering in a courthouse.
CJA 04-0110. Transfer of juvenile cases from district and justice courts to the juvenile court. Amend. Technical change, recognizing that Section 78A-7-106 governs transfer of cases from justice court to juvenile court.
CJA 04-0202.02. Records classification. Amend. Classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. Establishes the classification of a “safeguarded” record and which records are safeguarded records. Describes when jurors’ names are public, private or safeguarded.
CJA 04-0202.03. Records access. Amend. Describes who has access to safeguarded records. Modifies who has access to the juvenile court social file.
CJA 04-0403. Signature stamp use. Amend. Deletes acceptance of pleas in abeyance from the list of documents on which the clerk can sign for the judge with a signature stamp.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. Amend. Includes juvenile court within the guidelines of the rule.
CJA 04-0610. Appointment of justice court judges to preside at first appearances, preliminary hearings and arraignments. Amend. Technical amendment.
CJA 04-0906. Guardian ad litem program. Amend. Further amendments approved as a result of comments to the 7/1/2013 amendments.
CJA 07-0304. Probation supervision. Amend. Eliminates the description of supervision and correction plans from the rule.

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Code of Judicial Administration

CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement. Removes from the rule several justice courts no longer running DUI courts.
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.

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