Posted: June 2, 2021
Code of Judicial Administration – Comment Period Closed July 17, 2021
CJA01-0205. Standing and ad hoc committees (AMEND). Amends membership on the Standing Committee on Pretrial Release and Supervision.
CJA03-0419. Office of Fairness and Accountability (NEW). Establishes the Office of Fairness and Accountability, and identifies the duties of the Director and the objectives of the Office.
CJA04-0202.02. Records classification (AMEND). Clarifies that minors’ names are only public in criminal cases if the minor is a party. This is not a change, the language is simply intended to clear up confusion on the issue.
CJA04-0206. Exhibits (AMEND). Significantly bolsters uniform procedures for the marking, receipt, maintenance, and release of exhibits. Provides courts with the discretion to extend applicability to any proceeding in which exhibits are introduced.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Allows JPEC continued use of recordings to evaluate the performance of justice court judges subject to a basic evaluation.
In Rule 3-419. Office of Fairness and Accountability
Line 103, perhaps eliminate the word “and” which appears right before “the communication”
You have a choice to stand for the Dream that Martin Luther king Jr. and so many others fought so hard for. Or to take a knee for the unsustainable identity politics crowd. A crowd with a heirarchy that many of us don’t fit into. Including myself a former foster child and a person of color. We are faced with defining diversity as simply a color or a gender of defining it based as individuals who ALL have something to bring to the table. It’s a slippery slope embracing identity politics, and many who think “if I put my head down, and shut up will find they aren’t. Do we really want separate graduation ceremonies by gender and race? What does that do to the mixed race children? Making them choose their oppressed side is teaching them to hate themselves. We had progressed beyond this. If we are to END the very real systemic rascism CRT is not the way to do it! People are not a monolith and should not be encouraged to be tribal. This shouldn’t be political, I’m surprised at how many people in public office seem to hate america and it’s values. Our country is not perfect, by why would the corrupt ideas, teaching people they are victims, or they are inherently oppressive make it better. When I was a foster child in school, my teachers let me slip through the cracks, my social workers had very low expectations for me, because they are brainwashed by the bigotry of low expectations. That’s what this bill does. It’s not a conspiracy, one only needs to look at UC Davis who just segregated graduations. Or Washington states Evergreen College, who 5 year after deeply immersing itself in critical theory, is having a tough time hiring a dean. I get that Utahns want to be nice, that the LDS has a complicated racial history. But do you want to destroy this state? I moved here seeking refuge after being jumped by a BLM member who could have been related to me. Because I carried a sign on a street corner that said “character matters, they are using us” and they are. Slaves used to be told if they worked in the house they are better than those who worked in the field. And that colorism still goes on today. We end this with true compassion, with tough love. By saying you matter, you are capable we won’t lower the standards so you can compete. We will instead hold you to the same expectations we hold our own children too. Because YOU can do it! Don’t assume that because a person has more melanin they are less privileged. There are many African Americans who are successful. It’s racist to make an exception based on race. Good or bad. As a mom from the hard places. It was made easy for me to fall down give up and do nothing of quality with my life I wanted more, and it was much harder than it needed to be but so worth it. No matter what pretty words surround CRT. It demands we look at EVERYTHING through the lense of race. You don’t have to look hard to find things that CRT theorist Kimberlee Crenshaw says that no white person would dare. Our schools are already promoting Robin D Angelo who states “I’ve got no answers for mixed race families” I’m struck with the absurdity, that her words would be promoted. A middle school teacher the other day recommended I read “pedagogy of the oppressed” but why?! I’m not interested in reaffirming the narrow viewpoint that I’m limited due to my color or gender. I’m interested in learning how to overcome!
If you want to tackle systemic racism in our schools you have to learn to see us as individuals!
I ge
For the love of all that is holy, please do not inflict this type of identity politics on our courts. The research on implicit bias has been thoroughly debunked by the Harvard prof that invented the assessment out of thin air. It is a concept which is indefensible with evidence but which will tear apart our society. These efforts to condition us to distrust each other will end only in balkanization and worse racism. Do the right thing and refuse to take us down the path of Maoist China. Do not approve the Orwellian “Office of Fairness.” Support the US Constitution and Martin Luther King’s dream.
Equity, Diversity and Inclusion is not the same as Equality under the law. Equality matters not what your race, ethnicity, sexual orientation/identity, socio-economic status, religion, education, the community you come from, or anything else.
To implement Equity, Diversity and Inclusion is an attempt at institutionalizing racist and unjust policies. Utahn’s are against Critical Race Theory in any form.
I agree. Very well put.
CJA03-0419. Office of Fairness and Accountability (NEW). Establishes the Office of Fairness and Accountability, and identifies the duties of the Director and the objectives of the Office.
Justice is supposed to be blind, not participating in this false “equity” nonsense. Stop this. This is not helpful in any way. We already have documents that insure equal treatment, from the Declaration of Independence to the Fourteenth Amendment to the Civil Rights Act of 1964: that all Americans should be treated equally, regardless of race, color, creed, or religion. Stop following the radical left ideology. It is divisive and dangerous to our country.
I’m quite disturbed at the language in the new “fairness” rules. Despite the legislature specifically speaking out against Critical Race Theory your proposed rules embrace the false notion of implicit and inherent bias. CRT has no place in the UTAH Judicial rules and education. Please remove all references that are based in CRT.
It looks like you are suggesting that you disqualify judges or juries based on their race. That is racism. Please reconsider.
CJA03-0419. Office of Fairness and Accountability
This is vile. Positions in the government shouldn’t be filled to fit quotas for race, sex, or other categories. Calling this the “Office of Fairness and Accountability” reeks of the same deliberately hypocritical stench of the “Ministry of Truth” in 1984.
When the color of the skin determines punishment or absolution for crimes or misdemeanors committed All Laws cease to exist!! This ideology is a most Racist, Discriminatory, and Pernicious ideology! It is inconceivable that government which is the guardian to secure the rights of The People can allowed such disparaged, unfounded and Unjust proposition!!
CJA03-0419. Office of Fairness and Accountability
Equal treatment under the law is ALL WE NEED. Please stop pandering and making this political.
All we need are judges that can accurately identify:
•when an actual crime has been committed,
•who committed the crime
•and then divvy out a just punishment that fits the crime.
It does not matter what your race, ethnicity, sexual orientation/identity, or anything else…All that matters is – did you do the crime? If so, do the time.
3-419
As an individual citizen, I support these changes.
It is well-known that the Bar has struggled to diversify its membership, and by extension, it has struggled to produce a diverse judiciary. Diversity in experience usually leads to diversity of thought. And diversity of thought leads to creative solutions to tough problems. Some of our biggest problems in Utah are related to criminal justice access and family law — two areas where a diverse set of voices will be able to nail down cultural blind spots.
Please approve the proposed changes. And please consider the source on the comments in opposition. (Most stem from Rep. Natalie Cline’s constituency, which is why “Critical Race Theory” keeps being mentioned.)
Giving the benefit of the doubt that this proposal is well-intentioned, I am concerned that the creation of an Office of Fairness and Accountability will not achieve its stated objectives as currently articulated.
After reading Isabel Wilkerson’s “Caste: The Origin of Our Discontents,” “race” may not be the most sound basis upon which to analyze social disparities; “caste” may be a more sound descriptor.
Furthermore, by embedding “race” — a socially-constructed concept with no scientific basis — into the Judicial Code, proposed Rule 3-419 may set a course for the judicial branch that may transport it further from meaningfully addressing existing power disparities that sustain ongoing inequities.
My suggestion is to add “caste bias” along with “racial bias” at line 76, page 2 – (3)(A)(iii).
Ideological bias, although not currently a legally-protected status, is also a frequent basis for exclusion. Perhaps ideological bias could also be addressed here.
Finally, I ask that a lottery be used to populate the Judicial Council’s standing committees, and that service on these committees be made a condition of Bar membership. Like juries, such randomness would ensure more inclusive and representative committees than the current manner in which such committees are populated. Incumbents recruiting and promoting allies for committee service is not an optimal technique to effect fairness and accountability.
RE CJA04-0206. Exhibits (AMEND):
I realize that part 5(B) just restates the same procedure as before—property having value should be turned over for disposal under the procedures described in Title 24, Chapter 3 of the Utah Code. But that chapter (and title) only ostensibly applies property that was seized by law enforcement to begin with. For example, I do not see how that Chapter of the code could apply in most civil cases. Nor would it seem to apply to property in a criminal case offered by the defendant.
I suggest the following alternative language:
Property having monetary value shall be returned to its owner or, if unclaimed, shall be disposed of in accordance with Utah Code, Title 24,Chapter 3 (“Forfeiture and Disposition of Property Act”) or Title 67, Chapter 4a (“Revised Uniform Unclaimed Property Act”) as appropriate. The receiving agency shall furnish the court with a receipt identifying the receiving agency, the exhibit received, and the date and time the exhibit was received. The receipt shall be made a part of the court record.