Posted: October 29, 2018
Code of Judicial Administration – Comment Period Closed December 13, 2018
CJA04-0409. Council Approval of Problem Solving Courts. AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.
Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409. Reformats and reorganizes existing content for greater clarity and ease of use. Make minor non-substantive revisions and corrections. While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409. Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts. The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.
RE: Adult Drug Court Certification Checklist: Required Rules # 28 Re Chain of Custody should read ” establishes a chain of custody consistent with industry standards for each specimen” Drug court drug testing laboratories should not be required to adopt multiple chain of custody forms and procedures for different courts in the same jurisdiction. #31 – we need to avoid pejorative language. “clean” should be “negative.” Presumed Rules #36 “more than 15 but less than 125 active participants” This rule should be enforced for all drug court calendars.