Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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As an immigration law practitioner, I found that there are so many so called “notarios” who assist immigrants in filling out forms, and at the same time collecting a fee. There should be a disclosure provision that if a person assists a client to fill out a form should disclose the person’s information and if fee is collected.
I have been a judge pro tem in the small claims court in St. George for many years. Approximately once a month, I spend an entire afternoon doing it. These are scheduled a year in advance in St. George and take away from my schedule and other billable time. I consider it to be bar-related service. I question the need for additional mandatory C.L.E. for small claims judges who are attorneys. Especially for us in St. George, it may be a burden to expect us to travel to Salt Lake for annual small claims C.L.E. and lose one or two days of work when we are doing this on a volunteer basis. I would suggest that a monthly newsletter to all small claims judges with articles discussing current small claims issues may be more productive and less of a time burden. Another suggestion would be for quarterly meetings with the small claims judges and local district court judges to discuss current small claims issues and law updates. I do not think a required annual small claims C.L.E. would be of much benefit.
I oppose the expansion of a non-lawyer’s right to practice law without a license. The changes to USB 14-802 are an expansion of the already liberal rights of non-lawyers to practice law in Utah. That said, if the changes to USB 14-802 are adopted, then I’d recommend that a definition of “clerical assistance” be provided.