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.
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
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.
Posted: August 29, 2018
Rules of Appellate Procedure – Comment Period Closed October 13, 2018
The amendments to URAP 23B incorporate language from the Court’s Revised Order Pertaining to Rule 23B, dated September 25, 2013, and makes other amendments that conform to current practice. The amendments to URAP 25, 46, 49, 50 and 51 are to conform the rules to current practice, and to clarify the standards and grounds for review of a petition for certiorari.