August 2024 – Utah Court Rules – Published for Comment

Posted: August 30, 2024

Code of Judicial Administration – Comment Period Closed October 14, 2024

CJA4-202.02. Records classification. AMEND. The proposed amendments reclassify probation progress/violation reports as protected records, classify “nonpublic restitution records” as sealed records in accordance with Utah Code, and update statutory references to account for the recodification of the Domestic Relations code.

CJA4-202.03. Records access. AMEND. The proposed amendments authorize the Utah Office for Victims of Crime (UVOC) to access sealed “nonpublic restitution records” to ensure the UVOC can fulfill its statutory obligations.

CJA6-104. District court water judges. AMEND. The proposed amendments clarify that the supervising water judge is responsible for reassigning water cases upon the retirement of a water judge.

Posted: August 22, 2024

Supreme Court Rules of Professional Practice – Comment Period Closed October 6, 2024

USB14-0810. New. This rule was published for public comment on May 28, 2024 as Rule 11-706. The Supreme Court has decided to place this rule in Chapter 14 instead of Chapter 11. The Supreme Court is republishing this rule for public comment because of edits made after the previous public comment period.

Posted: August 16, 2024

Utah Rules of Criminal Procedure and Utah Rules of Juvenile Procedure – Comment Period Closed September 30, 2024

URCrP017.5. Notice of repeal for Utah Rules of Criminal Procedure 17.5 effective September 1, 2024. Posted for public comment.

URJP029B. Notice of repeal of Utah Rules of Juvenile Procedure 29B effective September 1, 2024. Posted for public comment.

URJP037B. Notice of repeal of Utah Rules of Juvenile Procedure 37B effective September 1, 2024. Posted for public comment.

Posted: August 16, 2024

Code of Judicial Administration – Comment Period Closed September 30, 2024

UCJA11-0503. Oversight Committee for the Office of Professional Conduct. AMEND. The proposed amendments to this rule increase the number of committee members, expand the responsibilities of the committee, and increase the frequency of the committee’s meetings.

UCJA11-0510. Ethics and Discipline Committee composition. AMEND. The proposed amendments to this rule prohibit the chair of the Ethics and Discipline Committee from engaging in the private practice of law for payment. The proposed amendments also make stylistic changes.

UCJA11-0520. Chief Disciplinary Counsel and OPC counsel. AMEND. The proposed amendments to this rule clarify the employment structure and responsibilities of the Chief Disciplinary Counsel for the Office of Professional Conduct.

UCJA11-0521. OPC prosecutorial powers and duties. AMEND. The proposed amendments to this rule clarify the authority of the Chief Disciplinary Counsel of the Office of Professional Conduct.

Posted: August 15, 2024

Rules of Juvenile Procedure – Comment Period Closed September 29, 2024

URJP014. Reception of referral; preliminary determination. Amend. The proposed revision to paragraph (a) intends to clarify when a probation officer may send a delinquency referral to a prosecutor. This change conforms with Utah Code sections 80-6-303.5 and 80-6-304.5. The changes also include several stylistic changes and a restructuring of paragraphs (a) and (c).

Posted: August 7, 2024

Model Utah Criminal Jury Instructions – Comment Period Closed September 24, 2024

The Utah Judicial Council invites comments to the following Model Utah Criminal Jury instructions. The comment period expires September 20th, 2024. Although these instructions are subject to a comment period, they are now ready for use. The Model Criminal Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate.

The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Criminal Jury Instructions Committee.

CR430 – Jury Unanimity – Single Offense in More than One Way

CR432 – Jury Unanimity – Evidence of More Occurrences than Charges

CR1008 – Driving With any Measurable Controlled Substance in the Body

CR1101 – Failure to Respond to an Officer’s Signal to Stop (Class A Misdemeanor)

How to view text of the proposed model civil jury instructions:

Click the link to the instruction above or follow this link to see all proposed jury instructions and submit comments: https://legacy.utcourts.gov/utc/muji-comment/.

How to submit comments:

You can comment and view the comments of others by clicking on the “CONTINUE READING” link associated with each body of instructions. After clicking on that link, you will be asked for your name, which is required, and your email address, which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

After submitting your comment on the webpage, you may get an error message. If so, your comment has been delivered to a buffer and it will be published as soon as possible.

You may submit comments directly through the website or to Bryson King at brysonk@utcourts.gov.

One method of submitting a comment is sufficient. If you email a comment, please list the relevant instruction(s) in the message line and include your comment in the message text, not in an attachment.

How to view published Model Criminal Jury Instructions:

Visit https://legacy.utcourts.gov/muji/

How to view the Model Criminal Jury Instructions Committee’s work:

Visit https://legacy.utcourts.gov/utc/muji-criminal/