Posted: November 23, 2010
Code of Judicial Administration
CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Judicial Performance Evaluation Committee. Exempts the Guardian ad Litem Oversight Committee from sunset review.
CJA 02-0106.01. Goals of performance evaluation for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.02. Criteria for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.03. Information for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.04. Self improvement process. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.05. Administration of the performance evaluation program for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 03-0111. Performance evaluation of senior judges and court commissioners. New. Combines Rules 3-111.01 through 3-111.04 into one rule, describing the evaluation program applicable to senior judges and court commissioners.
CJA 03-0111.01 Goals of performance evaluation for certification for retention election. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.02 Judicial performance evaluation criteria. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.03 Standards of judicial performance. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.04 Evaluation and certification of judges and commissioners. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.05. Evaluation and certification of senior judges. Repeal.
CJA 03-0111.06. Administration of the judicial performance evaluation and certification program. Repeal.
CJA 03-0201. Court commissioners. Amend. Provides for uniform end of term of December 31.
CJA 03-0306. Court interpreters. Amend. Expand interpreter program to the remaining balance of the court’s casetypes.
CJA 04-0202.02. Records classification. Amend. Classify as private performance evaluation information from senior judges and court commissioners.
CJA 04-0601. Selection of indigent aggravated murder defense fund counsel. New. Establishes the process to be used to select pre-contracted attorneys from the roster maintained by the Indigent Defense Funds Board in aggravated murder cases.
CJA 06-0402. Records in domestic relations cases. New. Defines the records required for motions for temporary relief, alimony, child support, and child custody.
The subject of proposed CJA 06-0402 should be part of the Utah Rules of Civil Procedure (if it is adopted at all). The proposed rule essentially conflicts with URCP 7 and 101. Rule 101(d) already defines the attachments to be included with a domestic relations motion. Practitioners should not be expected to look in the Code of Judicial Administration for format and content requirements, and to then decide which rule really controls.
Rule 06-0402 requires the filing of financial declarations with motions for temporary child support. The Office of Recovery Services often files motions for temporary child support but does not have access to or cannot reveal information required for financial declarations for the parents. The Office needs to be exempted from the requirement of filing financial declarations with motions or responses to motions for temporary child support. I have found that some Commissioners have denied the State’s motions for temporary support because one of the parents have not bothered to file a financial declaration.
The point of temporary orders is to provide support immediately after filing pleadings, for the interim period until discovery is completed and full disclosures are made. Often the very spouse who needs the support is also the very spouse who is kept in the dark about where and how much marital property exists. To require this marginalized and needy party to immediately disclosefinancials, under penalty of criminal prosecution, only seems to further enable our already chauvinistic legal system. Give Utah wives and mothers a break already.
Proposed rule CJA 06-0402 should be rejected. The subject of the rule should be adopted, if at all, only as part of the Rules of Civil Procedure. Rule 101(d)(1) already defines what documents must be submitted with motions submitted to a court commissioner, including motions for child support and child custody. Rule 101(d) would therefore also govern motions for temporary relief. It would be confusing at best to have two different rules which each purports to define what documents should be submitted with domestic relations motions.