Code of Judicial Administration – Effective March 12, 2022
CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.
The Supreme Court or Judicial Council has approved and adopted the following rules, which rules are effective on the date indicated. To view the newly adopted rules, click on any rule number.
Under circumstances described in CJA Rules 2-205 or 11-105, certain rules may have been adopted prior to a public comment period. The public is provided the opportunity to provide comment on those rules during the 45 days following the adoption of any such rule. To review and comment, click on the “LINKS” tab directly below. Then click on “Proposed Rule Amendments Published for Comment” to be taken to the page where links to rules subject to public comment are located.
Posted: March 14, 2022
CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.
Posted: March 14, 2022
CJA03-0407. Accounting. (AMEND). The amendments to the rule address the following items:
1. Incorporate the Budget and Fiscal Management Committee (BFMC) into Rule 3-407 as an approval body for accounting manual updates. The original version of Rule 3-407 predated the creation of the BFMC.
2. Elevate and document the role of the clerks of court as reviewers and approvers of new and amended accounting manual policies, post review by the Accounting Manual Review Committee but before the BFMC. The clerks of court are performing this role today, the proposed amendment would simply incorporate current practice into policy. This change has been endorsed by Shane Bahr and Neira Siaperas.
3. Eliminate the court services representative on the Accounting Manual Review Committee as the elevation of the review by all clerks of court will more comprehensively address any role played by the old court services area which has been integrated into IT.
Posted: December 22, 2021
CJA01-0303. Internal procedures and organization. (AMEND). Allows for reports from the Boards of District, Juvenile, and Justice Court Judges to be provided twice each year rather than quarterly.
CJA02-0101. Rules for the conduct of Council meetings. (AMEND)
CJA05-0101. The Board of Appellate Court Judges. (AMEND)
CJA06-0101. The Board of District Court Judges. (AMEND)
CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. (AMEND)
CJA09-0101. Board of Justice Court Judges. (AMEND)
Removes the requirement to follow Robert’s Rules of Order. Boards and Committees will use general principles for conducting meetings in an orderly and professional manner.
CJA03-0401. Office of General Counsel. (AMEND). Clarifies that the General Counsel’s Office is not required to provide staff support for all Judicial Council and Supreme Court committees.
CJA04-0202.02. Records classification. (AMEND).The amendment at line 170 clarifies that a minor’s name is only public in criminal cases if the minor is a party. The amendment at lines 273-274 removes a reference to Utah Code Title 77, Chapter 3a because stalking injunctions are now codified with protective orders in Utah Code Title 78B, Chapter 7.
CJA04-0208. Automatic expungement of cases. (NEW).Governs the Administrative Office of the Court’s development and implementation of an automated expungement process. The rule requires approval by the Judicial Council of all automated processes and approval of the form and content of automated orders. Processes must also meet any requirements under the Rules of Criminal Procedure.
Posted: December 22, 2021
CJA03-0303. Justice court clerks. (AMEND) – expedited effective date (January 1, 2022). Creates an annual certification requirement for justice court clerks.
CJA06-0303. Collection of fines and restitution. (AMEND) – expedited effective date (January 1, 2022). These amendments are necessary to conform to the changes made in HB0260 during the 2021 legislative session.
Posted: November 29, 2021
CJA03-0411. Grant Management. AMEND. The approved amendments outlines significant changes to the courts’ grant management program.
Posted: September 28, 2021
CJA01-0205. Standing and ad hoc committees (AMEND)
The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.
CJA03-0415. Auditing (AMEND)
The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.
CJA03-0419. Office of Fairness and Accountability (NEW)
Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.
CJA04-0206. Exhibits (AMEND)
The approved amendments address custody, disposal, and storage of physical and electronic evidence.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND)
The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.
CJA07-0302. Court reports prepared for delinquency cases (AMEND)
The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.
Posted: June 30, 2021
CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.
CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.
CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.
CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.
CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.
CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.
Posted: June 2, 2021
CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.
CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.
Posted: June 2, 2021
CJA04-0403. Electronic signature and signature stamp use (AMEND). New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.
Posted: April 26, 2021
CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct (AMEND). Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Clarifies the reporting process. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.
CJA10-01-0501. Orders to show cause (REPEAL)
CJA10-01-0602. Orders to show cause (REPEAL)
The Supreme Court approved revisions to URCP rule 7, and created new URCP rules 7A and 7B. Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. The new rules (effective May 1, 2021) replace the current order to show cause process found in Rule 7(q) and in the two local court rules listed above.