December 2018 – Utah Court Rules – Published for Comment

Posted: December 22, 2018

Rules of Juvenile Procedure – Comment Period Closed February 4, 2019

URJP009. Detention hearings; scheduling; hearing procedures. Clarifies conditions under which a minor may be held in detention and deletes the Advisory Committee Note.

URJP027A. Admission of statements given by minors. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Also deletes the Advisory Committee Note.

Posted: December 20, 2018

Rules Governing the State Bar – Comment Period Closed February 3, 2019

USB14-0302. Definitions. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides the definitions used in Rule 14-303.

USB14-0303. Professionalism and Civility Counseling. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides for the composition of the Professionalism and Civility Counseling Board, the Board’s authority and responsibilities, and the procedures surrounding the submission and resolution of complaints.

USB14-0510. Prosecution and appeals. Amend. Updates references to Standing Order No. 7 to new Rule 14-303.

Posted: December 20, 2018

Rules of Civil Procedure – Comment Period Closed February 3, 2019

URCP073. Attorney Fees. Amend. In response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, clarifies that all requests for attorney fees are governed by Rule 73, no matter when they are raised.

Posted: December 17, 2018

Code of Judicial Administration – Comment Period Closes January 31, 2019

CJA01-0303. Internal procedures and organization. The amendments to Rule 1-303 clarify the frequency of Board meetings and the frequency of reports of the Boards to the Judicial Council.

CJA05-0101. General. Rule 5-101 establishes the Board of Appellate Court Judges and the conduct of the meetings of the Board.

Posted: December 14, 2018

Rules of Professional Conduct – Comment Period Closed January 27, 2019

Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.

RPC01.00. Terminology.

RPC01.07. Conflict of Interest: Current Clients.

RPC01.10. Imputation of Conflicts of Interest: General Rule.

RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.

RPC01.18. Duties to Prospective Client.

RPC02.04. Lawyer Serving as Third-Party Neutral.

RPC03.03. Candor toward the Tribunal.

RPC03.05. Impartiality and Decorum of the Tribunal.

RPC04.02. Communication with Persons Represented by Counsel.

RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.

RPC08.03. Reporting Professional Misconduct.

Posted: December 12, 2018

Rules Governing the State Bar – Comment Period Closed January 26, 2019

Proposed changes to Rule 14-106(c) accurately describe how the Bar calculates the rebate given to lawyers for the percentage of license fees used for legislative activities. The rule has also been changed to add Licensed Paralegal Practitioners.

USB14-0106. Authority to engage in legislative activities.

Posted: December 12, 2018

Rules Governing the State Bar – Comment Period Closed January 26, 2019

The proposed changes add Licensed Paralegal Practitioners to the Lawyer’s Fund for Client Protection Rules. Changes include renaming the Fund and the title of the article “Fund for Client Protection” rather than “Lawyers’ Fund for Client Protection.” The proposed changes require Licensed Paralegal Practitioners to contribute to the Fund and allow clients who lose money as a result of the dishonest conduct of Licensed Lawyer Practitioners to make a claim to the Fund for reimbursement.

USB14-0901. Definitions.

USB14-0902. Purpose and scope; establishment of Fund.

USB14-0904. Funding.

USB14-0907. Duties and responsibilities of the committee.

USB14-0908. Conflict of interest.

USB14-0910. Eligible claim.

USB14-0911. Procedures and form; responsibilities of claimants to complete form.

USB14-0912. Processing claims.

USB14-0913. Payment of reimbursement.

USB14-0915. Restitution and subrogation.

USB14-0916. Confidentiality.