August 2011 – Utah Court Rules – Published for Comment

Posted: August 3, 2011

Rules Governing the Utah State Bar

USB 14-0704. Qualifications for admission of attorney applicants. Amend. Establishes qualification requirements for applicants from non-approved law schools. Effective July 14, 2011 under Rule 11-105(5). Subject to change after the comment period.
USB 14-0720. Qualifications for admission of house counsel applicants. Amend. Expands house counsel qualifications to include graduation from an unapproved law school that is accredited in the jurisdiction where it exists and that is the substantial equivalent of the legal education provided by an approved law school. Effective July 14, 2011 under Rule 11-105(5). Subject to change after the comment period.
Supreme Court Order
Petition to amend law student assistance rule.
USB 14-0801. Definitions. Amend. Technical amendment.
USB 14-0807. Law student assistance. Amend. Permits certain law school graduates to practice law before admission to the bar under certain circumstances.

Posted: August 3, 2011

Rules of Criminal Procedure

URCrP 004. Prosecution of public offenses. Amend. Allows prosecutors to add or change charges before trial as long as the substantial rights of the defendant are not prejudiced.

Posted: August 3, 2011

Rules of Civil Procedure

URCP 004. Process. Amend. Deletes the requirement that a summons published in a newspaper must be in an English language newspaper.
URCP 065C. Post-conviction relief. Amend. Adds appointment of pro bono counsel in accordance with Sections 78B-9-109 and -202.

Posted: August 3, 2011

Rules of Appellate Procedure

URAP 023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim. Repeal. The committee proposes a repeal of rule 23B. The proposal is based on recommendations from both prosecutors and defense counsel. Rule 23B proceedings require significant resources and yet very few proceedings result in a decision being reversed. Repeal of the rule will not prohibit attorneys from raising ineffective assistance claims on appeal or on collateral attack.
URAP 029. Oral argument. Amend. Permits the court to deny oral argument if the appeal is inadequately briefed. If the appeal is inadequately briefed, the court may choose to resolve the appeal on that basis and oral argument would serve no purpose.
URAP 038A. Withdrawal of counsel. Amend. Places the burden on opposing counsel to file the notice to appoint or appear when an attorney withdraws from a case. This will make the practice similar to the practice in trial courts.

Posted: August 3, 2011

Code of Judicial Administration

CJA 03-0408. Inventory. Amend. Deletes procedures that are no longer required.
CJA 07-0307. Use of money in the restitution fund. Amend. Allows the trial court executive to spend up to $250 without approval by the juvenile court administrator.