April 2020 – Utah Court Rules – Published for Comment

Posted: April 24, 2020

Supreme Court Regulatory Reform Proposal-Comment Period Closes July 23, 2020

The Utah Supreme Court requests comments on its regulatory reform efforts. The comment period is open for 90 days, ending on July 23, 2020. Please see https://sandbox.utcourts.gov/ and the press release for more information.

Supreme Court Standing Order

Standing Order 15: This order would establish a pilot legal regulatory sandbox and an Office of Legal Services Innovation to assist the Utah Supreme Court with respect to overseeing and regulating the practice of law by nontraditional legal service providers or by traditional providers offering nontraditional legal services.

Rules of Professional Conduct

Rules Governing the Professional Independence of Lawyer: The Supreme Court proposes repealing current Rule 5.4 of the Rules of Professional Conduct and replacing it with Rules 5.4A and 5.4B.

Rule 5.4A: This rule would govern lawyers delivering legal services in the traditional and conventional model. New Rule 5.4A(a) outlines the foremost duties of a lawyer – the duty of independence of judgment, duty of loyalty to the client, and duty of confidentiality – applicable to the rest of the Rule. The preeminence of these professional core values is further explained in new Comments [1] and [2] as they pertain to sharing fees with nonlawyers, with lawyers in a separate firm, and accepting referrals and payments from parties other than the client. In order to loosen the restriction on fee sharing, Rule 5.4A(b) allows a lawyer to share legal fees with a nonlawyer as long as written notice is given at the outset of the representation or before sharing fees from an existing client.
Rule 1.5: Paragraph (e) of this rule would be eliminated to allow dividing fees among lawyers who are not in the same firm.
Rule 5.4B: This rule would be applicable to lawyers participating in the pilot legal regulatory sandbox. Like proposed Rule 5.4A, the core professional values for lawyers underlying this proposed rule are stated at the outset under subsection (a). Comments [1] and [2] reiterate and clarify the importance of the underlying core values and duties of a lawyer, notwithstanding the novel arrangement with nonlawyers. Proposed Rule 5.4B(b) allows a lawyer to practice law in an organization that is managed or owned, in whole or in part, by nonlawyers, as long as (i) the client is given written notice that nonlawyers have a financial interest in the organization or nonlawyers have managerial authority over the lawyer, and (ii) the client receives in writing the financial or managerial structure of the organization.

Lawyer Advertising Rules: The Supreme Court proposes significantly simplifying the lawyer advertising rules in the Rules of Professional Conduct. Under this proposal, current Rules 7.1, 7.2, 7.3, 7.4, and 7.5 would be repealed and replaced with new Rule 7.1. Notably, this proposal would eliminate the prohibition against in-person solicitation found in current Rule 7.3.

Rule 7.1: Would prohibit (i) making false and misleading claims about the lawyer or the lawyer’s services, and (ii) interacting in a way that involves coercion, duress, or harassment.

Drafts for Review

Standing Order 15 (conceptualizing the pilot legal regulatory sandbox and Office of Legal Services Innovation)

Redline Rules 5.4A and 5.4B (showing the changes from current Rule 5.4)

Redline Rule 1.5 (showing the elimination of paragraph (e))

Clean Rules 5.4A and 5.4B (showing the traditional legal services delivery model and the model contemplated in the pilot legal regulatory sandbox)

Redline Rules 7.1 through 7.5 (showing the process of simplifying the lawyer advertising rules)

Clean Rules 7.1 through 7.5 (showing simplified Rule 7.1 and the reservation of Rules 7.2, 7.3, 7.4, and 7.5)

Posted: April 14, 2020

Rules of Juvenile Procedure – Comment Period Closed – May 29, 2020

URJP009. Detention hearings; scheduling; hearing procedures. Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms. The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention. Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause. Deletes the Advisory Committee Note.

URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).

Posted: April 13, 2020

Rules of Appellate Procedure – Comment Period Closed May 28, 2020

URAP035. Petition for rehearing. Amend. The proposed amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.

URAP036. Issuance of remittitur. Amend. The proposed amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.

Posted: April 9, 2020

Matter of Emergency Modifications to Utah Supreme Court Rules of Professional Practice, Rules Governing Admission to the Utah State Bar – Comment Period Closed April 16, 2020

Proposed Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak. The proposed Order would modify the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19). The Court will accept comments on this proposed Order through April 16, 2020.

Statement Accompanying Emergency Proposed Order

Posted: April 7, 2020

Rules Governing the Utah State Bar – Comment Period Closed May 22, 2020

USB14-0806. Admission pro hac vice. Amend. Proposed changes exempt from the rule non-Utah licensed attorneys who are representing an Indian Tribe in a child custody proceeding pursuant to the Indian Child Welfare Act. Other changes correct typos and remove the requirement that original documents be submitted with the application.

Posted: April 7, 2020

Rules of Appellate Procedure – Comment Period Closed May 22, 2020

URAP028A. Appellate Mediation Office. Amend. The proposed amendments to Rule 28A incorporate the advisory committee note into the language of the rule and repeal the note.

URAP044. Transfer of improperly pursued appeals. Amend. The proposed amendments to Rule 44 incorporate the advisory committee note into the language of the rule and repeal the note.

Posted: April 6, 2020

Code of Judicial Administration – Comment Period Closed May 21, 2020

CJA01-0205. Standing and ad hoc committees. Amend. Changes the composition of the Utah Judicial Council’s Standing Committee on Children and Family Law based, in part, on amendments to Utah law. Removes a legislative position, updates the mediator position, and adds a mental health professional.