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Posted: June 21, 2013

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Changes the name of the Court Interpreter Committee to the Language Access Committee.
CJA 03-0306. Court interpreters. Amend. Creates a complaint process for failure to follow the requirements of the rule. Clarifies that Rule 3-306 is not authority to charge for language access costs. Cites the competing authority of federal and state law. Recognizes interpreter credentials from other states. Requires staff to be acting within the scope of human resource policies and procedures, which includes qualifications for a second language stipend, before engaging in a first-hand conversation with a person of limited English proficiency.
CJA 03-0402. Human resources administration. Amend. Changes the name of the career service review board to the grievance review panel.
CJA 04-0110. Transfer of juvenile cases from district and justice courts to the juvenile court. Amend. Technical change, recognizing that Section 78A-7-106 governs transfer of cases from justice court to juvenile court.
CJA 04-0404. Jury selection and service. Amend. Implements the requirement of Section 78B-1-110 that compliance with a summons satisfies a person’s jury service obligation for two years. Permits a court to establish a shorter term of service than is provided by rule, but not longer.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. Amend. Includes juvenile court within the guidelines of the rule.

Posted: June 11, 2013

Rules of Professional Conduct

Petition to Revise Utah Rules of Professional Conduct for Lawyer Advertising Rules. Revises the rules to more thoroughly address problems with misleading and inaccurate lawyer advertising, both potential and existing, in order to better protect the public. The changes are designed to help lawyers comply with the new rules, as they are more specific than current requirements. The basic components of the proposed rules provide fuller definitions of what constitutes false and misleading legal service communications. The proposed rules would tie compliance requirements to the Bar’s annual licensing renewal form. The new rules would require the lawyers to annually submit any Uniform Resource Locator (URL) they use in advertising and to submit such advertising as mass mailings. There is no requirement for prior review of any advertising.
RPC 07.01. Communications Concerning a Lawyer’s Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.02A. Filing Requirements for Public Advertisements and Written, Recorded, Electronic, or Other Digital Solicitations. New.
RPC 07.02B. Advertising Review Committee; Pre-dissemination Review. New.
Exhibit 7. Western States Bar Conference Information.
Exhibit 8. Harrell v. The Florida Bar.
Exhibit 9. Research Memorandum.
Appendix A. ABA Model Rule 7.1.
Appendix B. ABA Model Rule 7.2.
Appendix C. Differences between State Advertising and Solicitation Rules and ABA Rules of Professional Conduct.
Appendix D. Florida Rules.
Appendix E. Nevada Rules.
Appendix F. Texas Rules.
Appendix G. Washington Rules.

Posted: May 15, 2013

Rules of Civil Procedure

URCP 007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Adopts expedited procedures for resolution of specified motions related to disclosure and discovery. If approved, similar provisions currently in the Code of Judicial Administration will be deleted.
URCP 058A. Entry of judgment; abstract of judgment. Amend. Requires the party preparing the judgment to promptly serve a copy of the signed judgment on the other parties and promptly file proof of service with the court. Proposed in conjunction with proposed amendments to URAP 4.
URCP 058B. Satisfaction of judgment. Amend. Requires the creditor to file a satisfaction of judgment upon the debtor’s request.
URCP 064D. Writ of garnishment. Amend. Extends a writ of continuing garnishment to one year, unless a second or subsequent writ is served.

Posted: May 15, 2013

Rules of Appellate Procedure

URAP 004. Appeal as of right: when taken. Amend. Creates a process for litigants in civil cases to seek reinstatement of the 30 day period for filing an appeal. A trial court may reinstate the time for appeal if a party did not receive a notice of the judgment, because it was not promptly sent and the litigant otherwise exercised reasonable diligence in monitoring the proceedings.
URAP 014. Review of administrative orders: how obtained; intervention. Amend. Clarifies that payment of the filing fee is not jurisdictional, making the rule consistent with rule 3.
URAP 024. Briefs. Amend. Changes how a brief should be structured. Clarifies what should be included in each section and how much detail. Adds a word count limit in death sentence cases, doubling the limit in other appeals.

Posted: May 15, 2013

Rules of Professional Conduct

RPC 01.10. Imputation of Conflicts of Interest: General Rule. Amend. Redefines “firm” for purposes of determining conflict imputation.

Posted: May 15, 2013

Code of Judicial Administration

CJA 02-0103. Open and closed meetings. Amend. Technical changes. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 02-0104. Recording meetings. Amend. Requires additional public records to be published on the Utah Public Notice Website. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 03-0414. Court security. Amend. Removes duplicate reference to proselytizing in a courthouse.
CJA 04-0202.02. Records classification. Amend. Classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. Establishes the classification of a “safeguarded” record and which records are safeguarded records. Describes when jurors’ names are public, private or safeguarded.
CJA 04-0202.03. Records access. Amend. Describes who has access to safeguarded records. Modifies who has access to the juvenile court social file.
CJA 04-0403. Signature stamp use. Amend. Deletes acceptance of pleas in abeyance from the list of documents on which the clerk can sign for the judge with a signature stamp.
CJA 04-0906. Guardian ad litem program. Amend. Implements the requirements of Section 78A-2-228 for private guardian ad litem attorneys. Effective July 1, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 06-0401. Domestic relations commissioners. Amend. Includes dating violence protective orders, authorized by HB 50, within the authority of court commissioners. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.

Posted: January 18, 2013

Code of Judicial Administration

CJA 02-0206. Effective date of rules. Amend. Designates May 1 and November 1 as the presumed effective date of Judicial Council rules.
CJA 04-0610. Appointment of justice court judges to preside at first appearances, preliminary hearings and arraignments. Amend. Technical amendment.
CJA 07-0304. Probation supervision. Amend. Changes the time for filing and reviewing supervision plans. Includes the Balanced and Restorative Justice Model throughout the case planning process.

Posted: December 11, 2012

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Authorizes a magistrate to issue a material witness warrant at the same time bail is fixed.
URCrP 040. Search warrants. Amend. Makes all sealed search warrants public after six months. The prosecutor or law enforcement officer may apply for additional six month sealing periods.

Posted: December 5, 2012

Code of Judicial Administration

CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.

Posted: November 19, 2012

Rules of Juvenile Procedure

URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule do not apply in juvenile court unless ordered.