Month: October 2021

Supreme Court Rules of Professional Practice – Comment Period Closed December 5, 2021

CJA11-0510. Ethics and Discipline Committee composition. Amend. The proposed changes would allow the Ethics and Discipline Committee to recruit up to eight public members and up to 25 lawyer members, with the minimum required numbers of members remaining at four and 21, respectively.  The purpose of the amendment is to ensure that the Committee has a sufficient number of individual members to attend screening panel hearings of disciplinary matters.  The proposed changes also allow the Committee to have three to four Committee vice chairs, rather than always requiring four vice chairs.

CJA11-0511. Screening panel composition; responsibilities. Amend. The first proposed change reflects the allowed increase in the overall size of the Ethics and Discipline Committee’s four screening panels but retains the requirement that a maximum of one public member and four lawyer members will attend screening panel hearings.  The second proposed change provides that screening panel hearings must have five screening panel members, including the panel chair or vice chair and one public member.  Consent by the parties to a lower number of screening panel members is no longer allowed.  The final proposed change allows the screening panel chair to vote on panel determinations.

CJA11-0513. Committee clerk. Amend. The proposed change applies the immunity provisions of Rule 11-540 to the Committee clerk.  The immunity provisions previously were not expressly applicable to the clerk.

CJA11-0591. Reinstatement following a suspension of more than six months; relicensure. Correction. The proposed change clarifies that, unlike a petition for relicensure, a petition for reinstatement need not be accompanied by a report and recommendation from the Bar’s Character and Fitness Committee.

 

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Rules of Civil Procedure – Comment Period Closed December 4, 2021

URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments would make email service the default method of service and eliminate the certificate of service requirement when a paper is served by filing it with the court’s electronic-filing.

URCP076. Notice of contact information change. AMEND. The proposed amendments to Rule 76 would coordinate with the Rule 5 amendments by clarifying the purposes for which updated contact information is provided to the court.

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Rules of Criminal Procedure – Comment Period Closed December 3, 2021

URCrP011. Pleas. Amend. The proposed change would provide that both parties must either affirm or have the opportunity to withdraw from a plea agreement if the judge decides that the final disposition will not conform to the plea agreement to which the Court had previously approved. Also included are grammatical changes that make the rule comply with the court’s style guide.

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Rules of Juvenile Procedure – Comment Period Closed December 3, 2021

URJP027A. Admissibility of statements given by minors. Amended. Reflects statutory changes made by H.B. 178 Juvenile Interrogation Amendments (2021) and H.B. 285 Juvenile Code Recodification (2021).

URJP037. Child protective orders. Amended. Revises rule to comply with S.B. 32 Indigent Defense Act Amendments (2019). Clarifies that child protective order proceedings are governed by Title 78B, Chapter 7, Part 1 General Provisions, and Part 2 Child Protective Orders. Changes the time frame for holding a hearing after granting an ex party child protective order to align with statutory changes in H.B. 255 Protective Order Revisions (2021).

URJP045. Pre–Disposition Reports and Social Studies. Amended. Updates rule to reflect current terminology regarding dispositional reports in delinquency and abuse, neglect, and dependency cases and statutory changes contained in H.B. 285 Juvenile Code Recodification (2021). Clarifies that a juvenile judge shall not shall not view or consider a dispositional report in delinquency cases prior to adjudication since the dispositional report is typically uploaded to juvenile court’s record management system prior to the disposition hearing. Updates the timeframe for providing a dispositional report in delinquency cases to allow attorneys sufficient time to review the report with their minor client.

URJP055. Transfer of minors who present a danger in detention. Repealed. Rule 55 will be repealed because procedures governing minors in detention are contained in Title 80, Chapter 6, Juvenile Justice.

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