Utah Court Rules – Published for Comment
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Posted: October 2, 2007
URCrP 11. Pleas. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
URCrP 22. Sentence, judgment and commitment. Amend. Requires the court to notify a defendant convicted of a domestic violence misdemeanor in order to comply with federal law.
Unless there is a federal law requiring a state court to make such a notification (and I’m not sure there is), a state court should not have to make it. We should not by formal make state courts to get into the business of notifying defendants of collateral federal consequences of their conviction. If such a warning is good public policy, and it’s probably not necessary becuae competent defense counsel will advise and are now advising their clients of it, it can be made by the executive branch such as the prosecutor’s office or AP&P or the legislature could require such a notification. But let’s not create a precedent through judicial rulemaking and put another incremental burden on court personnel or create a future defense to a firearm charge based on lack of notice.
The unrepresented defendant — of which there are many in the State of Utah’s criminal justice system — will in all likelihood not be informed of this collateral consequence of a domestic violence conviction.
This amendment would help the defendant make a knowing and voluntary plea.
Federal law restricts the defendant from “possessing or receiving” firearms or ammunition. The use of the word “transfer” will be confusing in that it would seem to restrict their ability to get rid of firearms that they already own.