Posted: December 20, 2023
Code of Judicial Administration – Comment Period Closed February 3, 2024
CJA03-0108. Judicial assistance (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a juvenile court presiding judge as the signing judge for automatic expungement orders in juvenile court cases within the presiding judge’s district.
CJA04-0202.02. Records classification (AMEND)
CJA04-0202.03. Records access (AMEND)
*Note: Rule drafts include amendments approved by the Judicial Council on November 20, 2023, also effective January 1, 2024.
Amends records classification and access to certain juvenile court social records, juvenile court legal records, and adoption records to align with rules of procedure and Utah code. Amendments also allow attorneys representing individuals authorized access to adoption, expungement, and juvenile court social records to obtain copies of the records with a signed and notarized release.
CJA04-0208. Automated case processing procedures (AMEND). Expands the rule to encompass an automated expungement process for successful nonjudicial adjustments in juvenile court cases and prohibits judges from manually issuing automatic expungement orders outside of automated processes approved by the Judicial Council.
In re the possible changes to CJA 4-202.03(2)(A)(vi) — if the records requester indicates that they have met these qualifications to access the adoption record, would judicial assistants need to verify that they do? Currently, there is not a way for court staff to independently verify what the requester is saying. Could language be added to this portion of the rule indicating that, if needed, the records requester will provide that information?
In conferring with another Clerk of Court, we wondered if requiring a birth certificate might create an unintended barrier. In most of the cases we see in Juvenile Court, the certified copy of the adoption decree is requested so that they can obtain the birth certificate. Is there a provision that the person could move for the court to grant their request if they are unable to provide these documents?
Would this new rule supersede URCP 107 that currently only requires presentation of positive identification? URCP 107(a) is referenced in the title of the document available on the Self Help page for this requests.
https://legacy.utcourts.gov/howto/family/adoption/records/docs/01_Request_for_Certified_Copy_of_Adoption_Decree.pdf