Rules of Juvenile Procedure – Comment Period Closed April 24, 2022

URJP007. Warrants. Amend. Adds a statutory reference to Utah Code section 62A-4a-202.1 for warrants that are executed in child welfare proceedings. Proposal to allow counsel for the Division of Child and Family Services to file an ex parte motion to vacate a warrant issued pursuant to Utah Code section 62A-4a-202.1 for a child, who is missing, has been abducted, or has run away.

URJP025. Pleas. Amend. Reflects changes contained in H.B. 285 Juvenile Code Recodification (2021). Modifies paragraph (a) to add a statutory reference to Utah Code section 80-6-306. Deletes paragraph (d) to remove language contained in Utah Code section 80-6-306. Proposal detailing the procedure for how delayed admissions under Utah Code section 80-6-306 will be resolved.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Modifies the time frames in paragraph (d).

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Steven Beck

March 23, 2022 at 9:28 am

I write to strongly urge the Committee on the Rules of Juvenile Procedure, or in the alternative, the Utah Supreme Court, to reject the proposed amendment to Rule 25(e) (currently 25(f)) of the Utah Rules of Juvenile Procedure.

Article VIII, Section 4 of the Utah Constitution provides, in part, “The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state….” In Brown v. Cox, 2017 UT 3, ¶17, 387 P.3d 1040, the Utah Supreme Court unanimously stated, “By the constitution’s plain language, the Legislature does not adopt rules of procedure and evidence; it amends the rules the supreme court creates.” The proposed amendment of Rule 25(e) (currently 25(f)) does the exact opposite; it repeals a rule of procedure properly adopted by the Supreme Court in favor of a statute enacted by the Legislature. To illustrate, if the proposed amendment is adopted, the ability of the Court to delay entry of a minor’s admission (the authority for which is contained in the existing version of Rule 25 independent of any statute) is made dependent upon Utah Code Ann. 80-6-306. As such, by simple majority, the Legislature could repeal UCA 80-6-306(2) and the Court would no longer be able to delay entry of a minor’s admission. (The Utah Constitution requires a vote of two-thirds of all members of both houses of the Legislature to amend a rule). The Utah Constitution expressly grants the authority to establish rules regarding the procedure of entry of a plea to the Supreme Court. The proposed amendment subverts that authority and delegates it to the Legislature.

For these reasons, I strongly urge the Committee, or in the alternative, the Utah Supreme Court, to reject the proposed amendment to Rule 25(e) (currently 25(f)) of the Utah Rules of Juvenile Procedure and any other effort to repeal or change a properly adopted rule of procedure in favor of a statute enacted by the Legislature.

One thought on “Rules of Juvenile Procedure – Comment Period Closed April 24, 2022”

Steven Beck

March 23, 2022 at 9:28 am

I write to strongly urge the Committee on the Rules of Juvenile Procedure, or in the alternative, the Utah Supreme Court, to reject the proposed amendment to Rule 25(e) (currently 25(f)) of the Utah Rules of Juvenile Procedure.

Article VIII, Section 4 of the Utah Constitution provides, in part, “The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state….” In Brown v. Cox, 2017 UT 3, ¶17, 387 P.3d 1040, the Utah Supreme Court unanimously stated, “By the constitution’s plain language, the Legislature does not adopt rules of procedure and evidence; it amends the rules the supreme court creates.” The proposed amendment of Rule 25(e) (currently 25(f)) does the exact opposite; it repeals a rule of procedure properly adopted by the Supreme Court in favor of a statute enacted by the Legislature. To illustrate, if the proposed amendment is adopted, the ability of the Court to delay entry of a minor’s admission (the authority for which is contained in the existing version of Rule 25 independent of any statute) is made dependent upon Utah Code Ann. 80-6-306. As such, by simple majority, the Legislature could repeal UCA 80-6-306(2) and the Court would no longer be able to delay entry of a minor’s admission. (The Utah Constitution requires a vote of two-thirds of all members of both houses of the Legislature to amend a rule). The Utah Constitution expressly grants the authority to establish rules regarding the procedure of entry of a plea to the Supreme Court. The proposed amendment subverts that authority and delegates it to the Legislature.

For these reasons, I strongly urge the Committee, or in the alternative, the Utah Supreme Court, to reject the proposed amendment to Rule 25(e) (currently 25(f)) of the Utah Rules of Juvenile Procedure and any other effort to repeal or change a properly adopted rule of procedure in favor of a statute enacted by the Legislature.