Utah Court Rules – Published for Comment – Page 24 – The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number. To submit a comment or view the comments of others, click on “Continue Reading.” To submit a comment, scroll down to the “Leave a Reply” section, and type your comment in the “Comment” field. Type your name and email address in the designated fields and click “Post Comment.” Comments cannot be acknowledged, but all will be considered. Comments are saved to a buffer for review before publication.

Posted: March 5, 2019

Rule Establishing Oversight Committee for the Office of Professional Conduct – Comment Period Closed April 19, 2019

CJA11-0501. Oversight Committee for the Office of Professional Conduct. New. Establishes a Supreme Court oversight committee for the Office of Professional Conduct (OPC). Includes membership, committee member terms, meeting schedule, and committee purposes and responsibilities.

Posted: January 29, 2019

Code of Judicial Administration – Comment Period Closed March 15, 2019

CJA07-0302. Social Studies.
RENAME – Change rule name to “Court Reports Prepared for Delinquency Cases.”
AMEND – Changes “social studies” to “court reports” to reflect current nomenclature. Provides greater detail regarding information to be included in court reports. Makes non-substantive stylistic changes.

Posted: January 22, 2019

Rules Governing the State Bar, Rules Governing Licensed Paralegal Practitioner, and Licensed Paralegal Practitioners Rules of Professional Conduct – Comment Period Closed March 8, 2019

Rules Governing the State Bar

USB14-0802. Authorization to practice law. The amendments to Rule 14-802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Rules Governing Licensed Paralegal Practitioners

URGLPP15-0510. Prosecution and appeals. The amendment to Rule 15-510 changes a cross reference to Standing Order No.7 to a cross reference to Rule 14-303.

Licensed Paralegal Practitioners Rules of Professional Conduct

LPP1.013. Organization as a client. Rule 1.13 is repealed because it governs when an LPP represents an organization as a client and an LPP may not represent an organization as a client.

LPP5.04. Professional independence of a licensed paralegal practitioner and LPP6.01. Voluntary pro bono legal service.

The amendments to Rules 5.4 and 6.1 remove language that refers to an LPP representing an organization as a client. An LPP may not represent an organization as a client.

Posted: January 9, 2019

Rules of Criminal Procedure – Comment Period Closed February 23, 2019

URCrP007B. The proposed amendment states that a motion to quash a bindover will be decided by the judge to whom the case is assigned after bindover.

URCrP016. The proposed amendments create greater specificity about the information that must be disclosed by the prosecution and by the defense. And the proposed amendments expand on the consequences for failing to disclose information.

URCrP027. The proposed amendments will allow a defendant to seek a stay upon filing a motion for a new trial.

Posted: December 22, 2018

Rules of Juvenile Procedure – Comment Period Closed February 4, 2019

URJP009. Detention hearings; scheduling; hearing procedures. Clarifies conditions under which a minor may be held in detention and deletes the Advisory Committee Note.

URJP027A. Admission of statements given by minors. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Also deletes the Advisory Committee Note.

Posted: December 20, 2018

Rules Governing the State Bar – Comment Period Closed February 3, 2019

USB14-0302. Definitions. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides the definitions used in Rule 14-303.

USB14-0303. Professionalism and Civility Counseling. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides for the composition of the Professionalism and Civility Counseling Board, the Board’s authority and responsibilities, and the procedures surrounding the submission and resolution of complaints.

USB14-0510. Prosecution and appeals. Amend. Updates references to Standing Order No. 7 to new Rule 14-303.

Posted: December 20, 2018

Rules of Civil Procedure – Comment Period Closed February 3, 2019

URCP073. Attorney Fees. Amend. In response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, clarifies that all requests for attorney fees are governed by Rule 73, no matter when they are raised.

Posted: December 17, 2018

Code of Judicial Administration – Comment Period Closes January 31, 2019

CJA01-0303. Internal procedures and organization. The amendments to Rule 1-303 clarify the frequency of Board meetings and the frequency of reports of the Boards to the Judicial Council.

CJA05-0101. General. Rule 5-101 establishes the Board of Appellate Court Judges and the conduct of the meetings of the Board.

Posted: December 14, 2018

Rules of Professional Conduct – Comment Period Closed January 27, 2019

Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.

RPC01.00. Terminology.

RPC01.07. Conflict of Interest: Current Clients.

RPC01.10. Imputation of Conflicts of Interest: General Rule.

RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.

RPC01.18. Duties to Prospective Client.

RPC02.04. Lawyer Serving as Third-Party Neutral.

RPC03.03. Candor toward the Tribunal.

RPC03.05. Impartiality and Decorum of the Tribunal.

RPC04.02. Communication with Persons Represented by Counsel.

RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.

RPC08.03. Reporting Professional Misconduct.

Posted: December 12, 2018

Rules Governing the State Bar – Comment Period Closed January 26, 2019

Proposed changes to Rule 14-106(c) accurately describe how the Bar calculates the rebate given to lawyers for the percentage of license fees used for legislative activities. The rule has also been changed to add Licensed Paralegal Practitioners.

USB14-0106. Authority to engage in legislative activities.