Month: September 2021

Posted: September 28, 2021

Code of Judicial Administration – Comment Period Closed November 12, 2021

CJA02-0101. Rules for the conduct of Council meetings. (AMEND)

CJA05-0101. The Board of Appellate Court Judges. (AMEND)

CJA06-0101. The Board of District Court Judges. (AMEND)

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. (AMEND)

CJA09-0101. Board of Justice Court Judges. (AMEND)

The proposed amendments remove the requirement to follow Robert’s Rules. Use of Robert’s Rules isn’t required under the Open and Public Meetings Act.

CJA03-0303. Justice court clerks. (AMEND)

In conjunction with the Judicial Institute, the Board of Justice Court Judges recommends adding an annual certification requirement for justice court clerks.

CJA03-0117. Committee on Court Forms. (AMEND)

CJA03-0401. Office of General Counsel. (AMEND)

The proposed amendments make the rules consistent with CJA 1-205(3)(D) and CJA 1-204(8), providing the State Court Administrator with the flexibility to assign AOC resources where appropriate.

CJA03-0411. Grant Management. (AMEND)

The proposed amendments outlines significant changes to the courts’ grant management program.

CJA04-0202.02. Records classification. (AMEND)

A working group is preparing a new form on petitions to determine competency. The form will have two parts (1) the petition without confidential information and (2) a statement in support that includes confidential information. The proposed amendment in line 189 would ensure the statements in support are classified as private.

*The proposed amendment in line 169 went out for public comment in July. It is included here for tracking purposes only.

https://legacy.utcourts.gov/utc/rules-comment/2021/06/02/code-of-judicial-administration-comment-period-closes-july-17-2021-2/

CJA04-0208. Automatic expungement of cases. (NEW)

New rule 4-208 governs the Administrative Office of the Court’s development and implementation of an automated expungement process. The rule requires approval by the Judicial Council of all automated processes and approval of the form and content of automated orders. Processes must also meet any requirements under the Rules of Criminal Procedure.

Posted: September 27, 2021

Rules Governing the Utah State Bar – Comment Period Closed November 11, 2021

USB14-0209. Utah Bar Foundation. Proposal to repeal.

Background

The Utah Bar Foundation (UBF) was created in 1963 as a 501(c)(3) organization. Its original purpose was to raise funds from members of the legal community in order to support civil legal aid for lower income Utahns, to fund law-related education, to further the administration of justice, and to support other worthwhile law-related causes.

Section 2.1 of UBF’s 1963 founding Bylaws states the following: “Section 2.1 Classification, Qualification, Privileges and Election of Members. The corporation shall have one class of members consisting of all duly qualified, active members of the Utah State Bar who are in good standing. Each member shall have one (1) vote at any meeting of the members.” At some point many years ago, language in substantially the same form was codified in Rule 14-209.

UBF stopped raising private funds from the legal community in 1999 when nonprofit “and Justice for all” was created. “and Justice for all” now serves as the primary fundraising organization in the legal community.

Because UBF has evolved to receive financial support from a wide variety of sources and not solely from private legal community funds, the UBF Board is proposing to amend its Bylaws so that it no longer has defined membership. This would allow active, inactive, and non-attorneys to serve on the Utah Bar Foundation Board of Directors, as well as members of the general public. It will also render moot the language of Rule 14-209.

The vote to amend the Bylaws will take place at a meeting of the currently defined membership which is defined as “all duly qualified, active members of the Utah State Bar who are in good standing.” Notice for that meeting will be provided in the Utah Bar Journal and given via email to all qualified UBF members as their email address appears on the records of the Utah State Bar. Additional details on the date, time, and location of the meeting, as well as a full copy of the proposed Restated Articles of Incorporation and Bylaws for the Utah Bar Foundation, can be found on the Foundation’s website at https://www.utahbarfoundation.org.

Please contact the Foundation offices for any questions or additional information at 801-297-7046 or via email at kim@utahbarfoundation.org.

While the Foundation will continue to provide regular updates to Utah attorneys about their activities, this amendment to the Bylaws will allow the Foundation to be more inclusive of all stakeholders that share its common vision and mission of supporting civil legal aid and law-related education efforts.

Posted: September 27, 2021

Rules of Juvenile Procedure – Comment Period Closed November 11, 2021

URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate due to either non-judicial adjustment being entered into or a petition being filed.