Rules of Appellate Procedure

URAP 024. Briefs. Amend. The proposed change creates a word limit for briefs rather than a page limit. A principal brief may have up to 14,000 words. Word limits are established for all other types of briefs.
URAP 027. Form of briefs. Amend. The proposed change will make 14 point typeface the standard rather than 13 point type.
URAP 038B. Qualifications and duties for appointed counsel. Amend. This amendment describes the scope of representation for appointed counsel. The rule clarifies that representation is required through a petition for writ of certiorari to the Utah Supreme Court, if such a petition is warranted, or if it is necessary to respond to a State petition.

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  1. Mary Westby

    I have a concern with the 38B amendment. Section (g)(3) includes “any appeal from an order, decree, or judgment of the juvenile court.” With the appellate qualifications requirements, this may be inconsistent with the appellate rules governing child welfare appeals. In those appeals, it is specifically mandated that the trial attorney file the petition on appeal. And– this may be an oversight in the current system–typically, even if a child welfare case is set for full briefing, new appellate counsel is not appointed, but the trial attorney files the brief. Many child welfare attorneys may, indeed, qualify under this rule because they pull double duty and have filed briefs at some point, but I think there remains some tension between rule 38B and the child welfare rules, especially if newer trial attorneys practice in this area.