Category: -Code of Judicial Administration

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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Code of Judicial Administration – Effective November 1, 2016

CJA11-0201 Senior judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases. Also removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

CJA11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code § 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

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Code of Judicial Administration – Effective November 1, 2016

CJA03-0104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.

Approved minutes

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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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