Utah Courts – Page 22 – Utah Court Rules

Posted: April 9, 2019

Rules of Civil Procedure and Rules of Juvenile Procedure – Comment Period Closed May 24, 2019

The following proposed coordinating amendments codify an existing practice. In response to recent changes in the law, the juvenile court now automatically abstracts to the district court unpaid restitution orders entered as civil judgments.

URCP058B. Satisfaction of judgment. Amend. Updates terminology and provides that the juvenile court will file an abstract of judgment in the district court upon entering an unpaid restitution order as a civil judgment. Also provides that If the judgment falls under Rule 58 of the Utah Rules of Juvenile Procedure, the judgment creditor must file an acknowledgment of satisfaction in both the district court and the juvenile court within 28 days after full satisfaction of the judgment.

URJP058. Victim rights. Amend. Provides that if the juvenile court enters an unpaid restitution order as a civil judgment, the juvenile court will file an abstract of judgment in the district court. The victim is entitled to enforce the judgment in the district court and the judgment shall be treated in all respects as if the judgment was originally entered in the district court.

Posted: April 2, 2019

Rules of Criminal Procedure – Comment Period Closed May 17, 2019

URCrP022. The proposed change will allow a defendant to file a motion to correct a sentence when the sentence becomes unconstitutional based on a rule established by the U.S. Supreme Court, Utah Supreme Court, or Utah Court of Appeals after sentencing, and the rule was not dictated by precedent existing at the time of sentencing. Associate Chief Justice Thomas Lee has included a comment raising the question of whether there should be time limits for such motions. Associate Chief Justice Lee asks practitioners to comment on that issue.

Posted: March 21, 2019

Rules Governing the Utah State Bar – Comment Period Closed May 5, 2019

USB14-0301. Standards of Professionalism and Civility. Amend. Provides that a lawyer shall avoid hostile, demeaning, humiliating, intimidating, harassing, or discriminatory conduct with all other counsel, parties, judges, witnesses, and other participants in the proceedings.

This rule coordinates with Rule 8.4 of the Utah Rules of Professional Conduct.

Posted: March 21, 2019

Rules of Professional Conduct – Comment Period Closed May 5, 2019

RPC.0804. Misconduct. Amend. Provides that it is professional misconduct for a lawyer to engage in conduct that is an unlawful, discriminatory, or retaliatory employment practice under Title VII of the Civil Rights Act of 1964 or the Utah Antidiscrimination Act. “Employer” means any person or entity that employs one or more persons. The amendments also provide that it is professional misconduct for a lawyer to egregiously violate, or engage in a pattern of repeated violations, of the Standards of Professionalism and Civility if such violations harm the lawyer’s client or another lawyer’s client or are prejudicial to the administration of justice.

This rule coordinates with Utah State Bar Rule 14-301, Standards of Professionalism and Civility.

Posted: March 14, 2019

Rules of Juvenile Procedure – Comment Period Closed April 28, 2019

URJP009. Detention hearings; scheduling; hearing procedure. Amended. Clarifies that the findings made at the time a minor is held in detention are not also required if the court determines instead that a minor should be released.

URJP032. Initiation of ungovernability and runaway cases. Amended. Revised to reflect that the rule applies to children and not minors and to mirror the language of Section 78A-6-103(3).

Posted: March 5, 2019

Rule Establishing Oversight Committee for the Office of Professional Conduct – Comment Period Closed April 19, 2019

CJA11-0501. Oversight Committee for the Office of Professional Conduct. New. Establishes a Supreme Court oversight committee for the Office of Professional Conduct (OPC). Includes membership, committee member terms, meeting schedule, and committee purposes and responsibilities.

Posted: January 29, 2019

Code of Judicial Administration – Comment Period Closed March 15, 2019

CJA07-0302. Social Studies.
RENAME – Change rule name to “Court Reports Prepared for Delinquency Cases.”
AMEND – Changes “social studies” to “court reports” to reflect current nomenclature. Provides greater detail regarding information to be included in court reports. Makes non-substantive stylistic changes.

Posted: January 22, 2019

Rules Governing the State Bar, Rules Governing Licensed Paralegal Practitioner, and Licensed Paralegal Practitioners Rules of Professional Conduct – Comment Period Closed March 8, 2019

Rules Governing the State Bar

USB14-0802. Authorization to practice law. The amendments to Rule 14-802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Rules Governing Licensed Paralegal Practitioners

URGLPP15-0510. Prosecution and appeals. The amendment to Rule 15-510 changes a cross reference to Standing Order No.7 to a cross reference to Rule 14-303.

Licensed Paralegal Practitioners Rules of Professional Conduct

LPP1.013. Organization as a client. Rule 1.13 is repealed because it governs when an LPP represents an organization as a client and an LPP may not represent an organization as a client.

LPP5.04. Professional independence of a licensed paralegal practitioner and LPP6.01. Voluntary pro bono legal service.

The amendments to Rules 5.4 and 6.1 remove language that refers to an LPP representing an organization as a client. An LPP may not represent an organization as a client.

Posted: January 9, 2019

Rules of Criminal Procedure – Comment Period Closed February 23, 2019

URCrP007B. The proposed amendment states that a motion to quash a bindover will be decided by the judge to whom the case is assigned after bindover.

URCrP016. The proposed amendments create greater specificity about the information that must be disclosed by the prosecution and by the defense. And the proposed amendments expand on the consequences for failing to disclose information.

URCrP027. The proposed amendments will allow a defendant to seek a stay upon filing a motion for a new trial.

Posted: December 22, 2018

Rules of Juvenile Procedure – Comment Period Closed February 4, 2019

URJP009. Detention hearings; scheduling; hearing procedures. Clarifies conditions under which a minor may be held in detention and deletes the Advisory Committee Note.

URJP027A. Admission of statements given by minors. Revised to delete paragraph (a)(2) due to concerns that the language may unconstitutionally shift the burden to a juvenile to show that the juvenile did not knowingly and voluntarily waive his or her rights. Also deletes the Advisory Committee Note.