Category: -Code of Judicial Administration

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Rules of Civil Procedure, Rules of Criminal Procedure, Code of Judicial Administration – Effective April 1, 2018

Utah Rules of Civil Procedure

URCP063. Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Rules of Criminal Procedure

URCrP029. Disability and disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.

Utah Code of Judicial Administration

UCJA09-0109. Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. Effective April 1, 2018 pursuant to UCJA Rule 2-205.

Supreme Court Order – rule 63

Supreme Court Order – rule 29

Supreme Court Order – rule 9-109

 

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Code of Judicial Administration – Effective May 1, 2018

CJA01-0205 Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.

CJA03-0104 Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.

CJA03-0201 Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.

CJA06-0501 Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.

Supreme Court Order for rules 1-205, 3-104, 6-501

Supreme Court Order for rule 3-201

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Code of Judicial Administration – Effective November 1, 2017

CJA11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.

CJA11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.

CJA11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.

Supreme Court Order

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Code of Judicial Administration – Effective November 1, 2017

CJA04-103 Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42, and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”

CJA4-202.09 Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.

CJA09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, Utah Code § 53-10-208.1.

Judicial Council Order

 

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Code of Judicial Administration – Effective May 22, 2017

CJA01-0205 Standing and ad hoc committees. Amend. Expands committee composition to include one educator from a paralegal program or law school and one person skilled in linguistics or communication.

CJA03-0117 Committee on Court Forms. Amend. Expands the charge for the new Judicial Council Standing Committee on Forms to include procedures for eliminating obsolete and outdated forms and procedures for recommending which forms should be translated into other languages.
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