Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: November 14, 2007
CJA 04-202.03. Records access. Amend. Requires approval of the judge to release a competency evaluation, psychological evaluation or sex risk behavior assessment to the subject of the record or a duly authorized representative of the subject of the record.
CJA 04-510. Alternative dispute resolution. Amend. Reflects statewide application of most of the rule. Creates uniform method to defer ADR.
What effect where those documents are part of a presentence report. Defendant has a right to see those documents if they are the basis of a sentence.
This modification, to prevent the subject of the report from knowing the evidence against him or her is an absolutely appalling idea. It interferes with the constitutional rights to confront witness and to effective counsel. This change should not be made.