Category: -Code of Judicial Administration

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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.
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.
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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

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Code of Judicial Administration – Effective November 1, 2023

CJA04-0202.03. Records access (AMEND).

CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND). 

The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.

CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2023

CJA06-0507. Court visitors (AMEND). The proposed amendments replace “protected person” and “ward” with “respondent” where applicable; clarify who may receive a court visitor report or notice; require court visitors to use a Council-approved Order on Review form; and provide the court with broad discretion in taking action on a court visitor report. Language access requirements are addressed elsewhere in the Code of Judicial Administration.

CJA03-0414. Court security (AMEND). The proposed amendments require officers in plain clothes to wear something that identifies them as law enforcement; requires officers to use a duty-type holster with a user-operated restraining device if a firearm is visible; clarifies who is allowed to carry firearms in courthouses; and otherwise cleans up or streamlines the rule. “Law enforcement officials” remains in subsection (8)(B)(ii).

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2023

CJA03-0117. Committee on Court Forms (AMEND). Acknowledges the Committee’s responsibility to review existing forms and assess the need for new court forms, adds new form requirements, including user-testing where practicable, and removes the  requirement that the General Counsel conduct a legal review of every form prior to committee approval.

CJA03-0406. Budget and fiscal management (AMEND). Incorporates the role of the Budget and Fiscal Management Committee and makes other improvements to clarify the judiciary’s budget process.

Judicial Council Order

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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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