Utah Court Rules – Published for Comment – Page 48 – 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: October 5, 2009

Rules of Juvenile Procedure

URJP 25A. Withdrawal of plea. New. Establishes standards and procedures for withdrawal of a plea in juvenile court.

Posted: October 5, 2009

Code of Judicial Administration

CJA 04-0409. Council Approval of Problem Solving Courts. Amend. Establish best-practices criteria and require recertification biannually.
CJA 07-0304. Probation supervision. Amend. Add an assessment tool based on evidence-based practices for working with low-risk offenders.

Posted: July 6, 2009

Rules Governing the Utah State Bar

Petition to Establish On-line Bar Elections. Amend rules to establish on-line election of president-elect and commissioners to save approximately $10,000 per year.
USB 14-0103. Organization and management of the Bar. Amend.
USB 14-0205. Board. Amend.
USB 14-0206. Officers. Amend.

Posted: July 6, 2009

Rules of Appellate Procedure

URAP 15. Petitions for review in tax cases. New. Provides for stay of a tax appeal in the Supreme Court if case is also before the district court on a petition for judicial review.

Posted: June 3, 2009

Rules Governing the Utah State Bar

Petition to Amend Rule 14-808.
USB 14-0808. New lawyer training program Amend. Establishes rule regarding conflicts and confidentiality in outside mentoring. Effective May 13, 2009 under Rule 11-105(5). Subject to change after the comment period.

Posted: June 3, 2009

Rules of Civil Procedure

URCP 058A. Entry. Amend. Describes how to create an abstract of judgment.
URCP 063A. Change of judge as a matter of right. Amend. Exempts one party actions from the rule.

Posted: June 3, 2009

Code of Judicial Administration

CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.
CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. Effective May 27, 2009 under Rule 2-205. Subject to change after the comment period.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.
CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a criminal information before issuing a warrant for failure to appear in an infraction.
CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

Posted: March 31, 2009

Rules Governing the Utah State Bar

Petition to refine definition of lawyers “active under 3” licensing status. Specify that to qualify for the “active, under 3 years” category means to have practiced less than 3 years in any jurisdiction.
Exhibit 1.
Exhibit 2. USB14-0203.License categories.
Petition to amend RLDD 14-507 to provide mandatory collection of lawyers’ email addresses. Require the Bar to collect, maintain and have ready access to a lawyer’s e-mail address. Lawyer could still designate the e-mail address as private.
Exhibit 1.
Exhibit 2.
Exhibit 3. USB14-0507.Roster of lawyers and current record information.

Posted: February 23, 2009

Audio Records of Hearings; Transcripts

The Judicial Council proposes the following amendments to the Code of Judicial Administration as part of its responsibility under Section 78A-2-405 to govern the manner in which the courts maintain the verbatim record of hearings. The Supreme Court proposes the following amendments to the Rules of Civil and Appellate Procedure governing the preparation of transcripts.
CJA 04-201. Record of proceedings. Amend. Eliminate requirements and standards for recording a court hearing by an official court reporter. Rely exclusively on audio video records.
CJA 03-305. Official court transcribers. Renumber and amend. Eliminate provisions for assignment of transcript preparation. Renumber as 5-202.
CJA 03-304. Official court reporters. Renumber and amend. Eliminate provisions regulating the office of official court reporter. Retain transcript format. Renumber as 5-203.
CJA 03-304.01. Substitute certified shorthand reporters. Repeal. Eliminate provisions for a substitute shorthand reporter.
URAP 11. The record on appeal. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court executive.
URAP 12. Transmission of the record. Amend. Shifts responsibilities from the official court reporter to a court transcriber.
URAP 54. Transcript of proceedings. Amend. Request preparation of an official transcript through the appellate court clerk rather than the trial court clerk.
URCP 052. Findings by the court; correction of the record. Amend. Establishes a procedure for correcting the record of a hearing.

Posted: February 23, 2009

Code of Judicial Administration

CJA 03-102. Assumption of judicial office. Amend. Make applicable to judges of courts of record and not of record.
CJA 03-306. Court Interpreters. Repeal and Reenact. Clarifies the standards for appointing a certified, approved or conditionally approved interpreter. Improves the initial training requirements. Adds Guardianship and Conservatorship appointments to cases requiring a certified interpreter. Identifies the discipline process. Simplifies translation of forms. Permits hiring an interpreter as an employee.
CJA 04-801. Filing of small claims cases. Amend. Provide that the district court redirect small claims plaintiffs to justice court.