Rules Governing the Utah State Bar

NLTP Petition. Petition to establish a new lawyer training program with all exhibits including proposed rule amendments.
Affected Rules:
USB 14-0402. Definitions. Amend. Exhibit 13.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Exhibit 10.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend. Exhibit 11.
USB 14-0417. Miscellaneous fees and expenses. Amend. Exhibit 12.
USB 14-0705. Admission on motion. Amend. Exhibit 9.
USB 14-0801. Definitions. Amend. Exhibit 8.
USB 14-0808. New lawyer training program. Amend. Exhibit 7.

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Rules of Juvenile Procedure

URJP 09. Detention hearings; scheduling; hearing procedure. Amend. Specifies time for review of different types of pre-disposition orders.
URJP 25. Pleas. Amend. Modifies the findings needed to accept a plea.

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Rules Governing the Utah State Bar

Petition. Petition to amend the bar’s fee dispute rules governing mediation. Revisions requested to Utah State Bar’s Fee Dispute Rules (formerly Fee Arbitration Rules) to further clarify the mediation process approved by the Supreme Court last year. The proposed amendments provide additional details, such as what qualifies for mediation, how mediation can be requested, how mediators are selected, confidentiality, mediation procedures.
USB 14-1103. Exclusions. Amend.
USB 14-1112. Request and agreement to mediate fee dispute, answer. New.
USB 14-1113. Selection of mediator. New.
USB 14-1114. Matters entitled to mediation. New.
USB 14-1115. Mediation is voluntary. New.
USB 14-1116. Conduct of the mediation. New.
USB 14-1117. Confidentiality. New.
USB 14-1118. Ex parte communications with the mediator. New.
USB 14-1119. Exemption from future testimony. New.
USB 14-1120. Mediation agreement. New.

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Rules of Criminal Procedure

URCrP 27. Stays pending appeal from courts of record. Amend. The amendments remove courts not of record from the rule. The process for courts not of record will be in new rule 27A. The amendments also make structural changes to help clarify the process for seeking a stay.
URCrP 27A. Stays pending appeal from courts not of record. New. This is a new rule specifically directed at appellate stays in justice court proceedings. The rule creates 3 different processes depending on the type of judgment appealed. Judgments with no jail time are automatically stayed. A notice of appeal on a judgment of incarceration less than 30 days serves as an automatic motion for a stay. In cases involving a judgment of 30 days or more, a motion must be filed. A judgment for incarceration of 30 days are more. There is a presumption in favor of a stay.
URCrP 38. Appeals from Justice Court to District Court. Amend. The amendments provide more detail on the process for appealing justice court judgments. The amendments describe the contents of the notice of appeal, the duties of the justice court when transferring the case, and the duties of the district in handling the appeal.

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Code of Judicial Administration

CJA 04-403. Signature stamp use. Amend. Deletes “orders prepared by the court” from the list of documents for which a judge may give blanket authority to stamp his or her signature. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-906. Guardian ad litem program. Amend. Establishes the relationship between the Director, the Oversight Committee, attorneys, staff and volunteers. Clarifies the complaint, discipline and appeal process.

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Rules of Civil Procedure

URCP 006. Time. Repeal and reenact. Conforms the computation of time to the days-are-days approach of the Federal Rules of Civil Procedure. Deadlines of less than 30 days in several rules will be extended to a uniform 7/14/21 days. The list of deadlines proposed to be amended is attached. If Rule 6 is approved, those rules will be amended to change the deadlines as indicated, but the rules will not be published for comment. Deadlines not listed are not proposed to be amended.
List of Deadline Changes in Conjunction with New Rule 6.

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Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.
CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.

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Code of Judicial Administration

CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 06-501. Reporting requirements for guardians and conservators. Amend. Exempt OPG from test requirement.
CJA Chapter 11. Article 1. Advisory Committees and the Rulemaking Process. Amend. Creates from Rule 11-101 a series of rules. Each rule regulates a particular topic in the rulemaking process.
CJA 11-101. Creation and Composition of Advisory Committees. Amend. Adds a provision that committee members are officers of the court and not representatives of any interest.
CJA 11-102. Advisory Committee Procedures. New. Adds quorum and voting requirements.
CJA 11-103. Rulemaking Procedures. New. Recognizes reliance on written comments.
CJA 11-104. Procedures Pertaining to the Practice of Law. New. Technical amendments.
CJA 11-105. Supreme Court Action on Rule Modifications. New. Adds distribution and comment provisions to rule amendments initiated by the Supreme Court.
CJA 11-106. Rule Distribution Process. New. Adds a distribution and publication provision.

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