Posted: May 14, 2015
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Adds a criminal law professor to the Model Criminal Jury Instructions Committee.
CJA 03-0201. Court commissioners. Amend. Provides a public comment process for commissioner nominations and reappointments.
CJA 04-0502. Expedited procedures for resolving discovery issues. Repeal. Repeals rules 4-502 as expedited procedures for resolving discovery issues are now covered by rules 26, 30, 37, and 45 of the Utah Rules of Civil Procedure.
CJA 04-0603. Mandatory electronic filing. Amend. Provides that a person seeking a hardship exemption may do so by filing a written request in lieu of a form provided by the AOC.
Regarding the appointment and removal of hearing commissioners, the proposed rule is a step in the right direction. I would recommend putting the name of a nominated hearing commissioner to a vote of the family law section of the bar prior to appointment, and if the family law section does not approve the nominee, giving the family section trump power over appointment. In terms of maintaining the commissioner on the bench, I would give the family law section trump power annually to remove the commissioner by majority vote. The attorneys who practice before the commissioners know how effective they are. I think our knowledge is far better than that of a committee or a judge.