Utah Court Rules – Published for Comment – Page 25 – 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: December 12, 2018

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

The proposed changes add Licensed Paralegal Practitioners to the Lawyer’s Fund for Client Protection Rules. Changes include renaming the Fund and the title of the article “Fund for Client Protection” rather than “Lawyers’ Fund for Client Protection.” The proposed changes require Licensed Paralegal Practitioners to contribute to the Fund and allow clients who lose money as a result of the dishonest conduct of Licensed Lawyer Practitioners to make a claim to the Fund for reimbursement.

USB14-0901. Definitions.

USB14-0902. Purpose and scope; establishment of Fund.

USB14-0904. Funding.

USB14-0907. Duties and responsibilities of the committee.

USB14-0908. Conflict of interest.

USB14-0910. Eligible claim.

USB14-0911. Procedures and form; responsibilities of claimants to complete form.

USB14-0912. Processing claims.

USB14-0913. Payment of reimbursement.

USB14-0915. Restitution and subrogation.

USB14-0916. Confidentiality.

Posted: November 20, 2018

Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners. Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

Posted: November 1, 2018

Rules Governing the State Bar – Comment Period Closed December 16, 2018

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Posted: November 1, 2018

Rules of Professional Practice – Comment Period Closed December 16, 2018

RPP014.515. Access to disciplinary information is amended to prohibit the Office of Professional Conduct and their staff and employees, the Ethics and Discipline Committee and their volunteers, and any special counsel from disclosing information about a disciplinary proceeding, prior to the filing of a formal complaint or the issuance of a public reprimand. Absent a protective order requiring confidentiality, the prohibition on disclosure does not apply to the person who filed the complaint or a witness.

Posted: October 31, 2018

Rules of Appellate Procedure – Comment Period Closed December 15, 2018

URAP048. The amendments to Rule 48(e)(1) help to clarify Subsections (e)(1) and (e)(2) and when the Court may extend the time for filing a petition or cross-petition for a writ of certiorari.

Posted: October 30, 2018

Code of Judicial Administration – Comment Period Closed December 14, 2018

CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.”

Posted: October 29, 2018

Code of Judicial Administration – Comment Period Closed December 13, 2018

CJA04-0409. Council Approval of Problem Solving Courts. AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.

Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409. Reformats and reorganizes existing content for greater clarity and ease of use. Make minor non-substantive revisions and corrections. While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409. Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts. The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.

Posted: September 28, 2018

Code of Judicial Administration – Comment Period Closed November 12, 2018

CJA01-0205. Standing and Ad Hoc Committees.

AMEND. Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.

AMEND. Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.

AMEND. Stylistic formatting (numbering) changes to committee composition section of the rule.

CJA04-0202.02. Records Classification.

AMEND. Classifies abstracts of juvenile court judgments filed in district court as “private” court records.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.

AMEND. Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).

CJA Appendix I. Summary of Classification of Court Records.

AMEND. Change classification of “Criminal Invesigations” case type from “Protected” to “Public unless otherwise ordered” for better consistency with requirements of Utah Code.

Posted: September 26, 2018

Rules Governing the State Bar – Comment Period Closed November 10, 2018

USB14-0806. Proposed amendments more accurately describe pro hac vice application requirements. Changes also increase the application fee to the fee equal to the annual licensing fee by paid active members of the Utah State Bar and require pro hac vice admittees to pay an annual renewal fee for each year the pro hac admitee continues to act as counsel in the cause.

Posted: September 26, 2018

Utah Rules of Evidence – Comment Period Closed November 10, 2018

URE0617. Eyewitness Identification. This new rule provides criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification.

URE0902. Evidence That Is Self-Authenticating. Amend. Adopts provisions similar to the recently adopted FRE 902(13) and (14) regarding electronic records.