Posted: July 10, 2017
Code of Judicial Administration – Comment Period Closed August 24, 2017
CJA 03-111. Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; and 3) moves the Judicial Council’s certification process from August to July.
CJA 03-201. Court commissioners. Amend. Clarifies 1) how the districts and court levels that a commissioner will serve will be represented on the court commissioner nominating committee; 2) how a commissioner is selected if they will serve more than one judicial district or court level; 3) that the commissioner certification process addresses retention, not removal; 4) that when a commissioner serves two districts or court levels, the presiding judges will each prepare performance evaluations and performance plans; and 5) how the commissioner public comment period results are reviewed and used.
Posted: June 28, 2017
Utah Rules of Evidence – Comment Period Closed August 12, 2017
URE 0511 Amend. The 2017 amendments reflect 2017 legislative changes to the underlying statute. Minor style and other non-substantive edits were also made.
URE 1102 Amend. Amends the definition of reliable hearsay. Removes the requirement that a statement made by a child victim must be “promptly reported.”
Posted: June 27, 2017
Rules of Criminal Procedure – Comment Period Closed August 11, 2017
URCrP 007 Amend. The provisions in existing rule 7 are being divided into separate rules, each dealing with a different subject. Rule 7 will now address initial proceedings for class A misdemeanors and felonies.
URCrP 007A New. The rule addresses procedures for class B & C misdemeanors and infractions. The rule also adds specific provisions on pretrial release conditions.
URCrP 007B New. The rule addresses preliminary hearings. The rule generally reflects existing language.
URCrP 007C New. The rule addresses the procedures for material witnesses. The rule generally follows existing language.
URCrP 009 New. The new rule 9 will establish procedures for warrantless arrests. Of particular interest to practitioners may be the time-frames related to pretrial release decisions and deadlines for filing informations.
URCrP 009A New. The rule creates procedures for arrests pursuant to a warrant and includes specific procedures on pretrial release decisions.
Posted: June 13, 2017
Rules of Professional Conduct – Comment Period Closed July 28, 2017
RPC 08.04 Misconduct. Amend. Adds new ABA Model Rule paragraph (g), which provides that it is professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.
Posted: June 8, 2017
Rules of Juvenile Procedure – Comment Period Closed July 23, 2017
Rules 19, 19A, 19B and 19C are designed to provide greater clarity and specificity regarding juvenile court practice pertaining to responsive pleadings, motions, orders, expedited hearings and motion practice in delinquency proceedings.
Posted: April 20, 2017
Rules of Civil Procedure – Comment Period Closed June 4, 2017
URCP005. Service and filing of pleadings and other papers. Amend. Provides that certificates of service are not required for papers that are prepared and served by the court. Also provides that the court submitting a paper to the electronic filing service provider is a valid method of service if the person being served has an electronic filing account.
Posted: March 10, 2017
Code of Judicial Administration – Comment Period Closed April 24, 2017
CJA 11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
CJA 11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
CJA 11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
Posted: March 9, 2017
Rules of Professional Conduct – Comment Period Closed April 23, 2017
RPC 01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”
RPC 03.03 Candor toward the Tribunal. Amend. In response to In re Larsen, 2016 UT 26, adds a prohibition against a lawyer “recklessly” making false statements to a tribunal and repeals and reenacts Comment [3].
Posted: February 28, 2017
Code of Judicial Administration – Comment Period Closed April 14, 2017
CJA 4-0202.09 . Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
Posted: February 22, 2017
Rules of Juvenile Procedure – Comment Period Closed April 8, 2017
URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.
URJP037 Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.