January 2021 – Utah Court Rules – Published for Comment

Posted: January 28, 2021

Code of Judicial Administration – Comment Period Closed March 14, 2021

CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct. AMEND. Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.

Posted: January 28, 2021

Rules of Criminal Procedure – Comment Period Closed March 14, 2021

URCrP042. Automatic expungement. NEW. A new rule establishing procedures for automatic expungement of certain cases described in Utah Code §77-40-114.

Posted: January 28, 2021

Code of Judicial Conduct – Comment Period Closed March 14, 2021

Terminology. Adds the definition of abusive conduct and amends the definition of judicial candidate to those who are applying for judicial office.

CJC02.3. Bias, Prejudice, and Harassment. AMEND. The amendment applies abusive conduct restrictions to judges.

CJC02.11. Disqualification. AMEND. Clarifies that the restriction on hearing cases applies when the lawyer is a supervisor of the judge’s relative.

CJC02.12. Supervisory Duties. AMEND. The amendment applies abusive conduct restrictions to judge in their supervisory roles.

CJC04.1. Political and Campaign Activities of Judges and Judicial Candidates in General. AMEND. Clarifies that only certain restrictions apply to judicial candidates.

Posted: January 20, 2021

Rules of Criminal Procedure – Comment Period Closed March 6, 2021

URCrP016. This proposal incorporates changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.