Category: -Code of Judicial Administration

Code of Judicial Administration – Effective Date May 30, 2024

CJA01-0305. Board of senior judges. Amend. Expands membership on the Board to include senior justice court judges and revises term lengths and the number of Board meetings.

CJA03-0104. Presiding judges. Amend. Removes the requirement to send notice of a senior judge assignment to the State Court Administrator.

CJA03-0108. Judicial assistance. Amend. Adds water law cases to the criteria for transferring or assigning senior judges, and  clarifies and simplifies considerations for assigning senior judges.

CJA03-0111. Performance evaluations. Amend. Removes references to senior judges. The process for evaluating senior judge performance has been incorporated into Rule 11-201.

CJA03-0113. Senior judges. Amend. Requires the AOC to provide a new senior judge orientation and expands the responsibilities of court executives in providing support for senior judges.

CJA03-0403. Judicial branch education. Amend. Clarifies that “annually” refers to the fiscal year and revises and simplifies education requirements for active and inactive senior judges.

CJA03-0501. Insurance benefits upon retirement. Amend. Revises qualifications for incentive benefits.

CJA011-0201. Senior Judges. Amend.

CJA.011-0203. Senior Justice Court Judges. Amend. 

The amendments to Rules 11-201 and 11-203: (1) clarify and revise qualifications for appointment of senior judges, (2) establish qualifications and processes for reappointment of senior judges, (3) establish and revise standards and processes for performance evaluation of senior judges, (4) clarify the role of the Judicial Council in the appointment and reappointment of senior judges, (5) revise the terms of office and authority of senior judges, and (6) include general cleanup for clarity and consistency.

 

CJA01-0305. Judicial Council Order

CJA03-0104. Judicial Council Order

CJA03-0108. Judicial Council Order

CJA03-0111. Judicial Council Order

CJA03-0113. Judicial Council Order

CJA03-0403. Judicial Council Order

CJA03-0501. Judicial Council Order

CJA011-0201, CJA011-0203. Supreme Court Order

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Code of Judicial Administration – Effective Date May 1, 2024

CJA04-0601. Selection of indigent aggravated murder and defense fund counsel (REPEAL)
Under Senate Bill 160, effective May 1, 2024, the Office of Indigent Defense Services will be responsible for administering the Indigent Aggravated Murder Defense Fund and assigning an indigent defense service provider to represent individuals prosecuted for aggravated murder. As such, rule 4-601 has been repealed.

CJA02-0212. Communication with the Office of Legislative Research and General Counsel (AMEND)
House Bill 344, effective May 1, 2024, combines the legislature’s “Judicial Rules Review Committee” and “Administrative Rules Review and General Oversight Committee” into one committee called the “Rules Review and General Oversight Committee.” The amendments bring the rule in line with new reporting requirements in the bill.

CJA04-0907. Divorce education and divorce orientation course (AMEND)
Under House Bill 337, effective May 1, 2024, the Judicial Council must provide a separate mandatory parenting course “for unmarried parties in a parentage action determining issues of child custody and parent-time.” Until the unmarried parties course is available, unmarried parties must attend the married parents course.

CJA04-0601. Judicial Council Order

CJA02-0212. Judicial Council Order

CJA04-0907. Judicial Council Order

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Code of Judicial Administration – Effective February 27, 2024

CJA03-0306.02. Language Access Committee (AMEND). Removes the reference to rule Rule 3-306.05.

Judicial Council Order for CJA 3-306.02

CJA03-0306.03. Interpreter credentialing (AMEND). Clarifies that the rule does not apply to staff interpreters employed by the court and gives the Language Access Program Manager the discretion to grant a rare language exemption without approval from the Language Access Committee.

Judicial Council Order for CJA 3-306.03

CJA03-0306.04. Interpreter appointment, payment, and fees (AMEND). 1) Allows judicial officers to appoint “approved” interpreters in legal proceedings without exhausting the list of “certified” interpreters; 2) prevents court employees not hired as staff interpreters from interpreting legal proceedings; and 3) removes language regarding staff interpreter employee benefits.

Judicial Council Order for CJA 3-306.04

CJA03-0306.05. Interpreter removal, discipline, and formal complaints (REPEALED)

Judicial Council Order for CJA 3-306.05

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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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