Utah Courts – Page 23 – Utah Court Rules

Posted: December 20, 2018

Rules Governing the State Bar – Comment Period Closed February 3, 2019

USB14-0302. Definitions. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides the definitions used in Rule 14-303.

USB14-0303. Professionalism and Civility Counseling. New. This is part of an effort to codify Standing Order No. 7, which established a program of professionalism counseling for members of the Utah State Bar. This rule provides for the composition of the Professionalism and Civility Counseling Board, the Board’s authority and responsibilities, and the procedures surrounding the submission and resolution of complaints.

USB14-0510. Prosecution and appeals. Amend. Updates references to Standing Order No. 7 to new Rule 14-303.

Posted: December 20, 2018

Rules of Civil Procedure – Comment Period Closed February 3, 2019

URCP073. Attorney Fees. Amend. In response to McQuarrie v. McQuarrie, 2017 UT App 209, and Chaparro v. Torero, 2018 UT App 181, clarifies that all requests for attorney fees are governed by Rule 73, no matter when they are raised.

Posted: December 17, 2018

Code of Judicial Administration – Comment Period Closes January 31, 2019

CJA01-0303. Internal procedures and organization. The amendments to Rule 1-303 clarify the frequency of Board meetings and the frequency of reports of the Boards to the Judicial Council.

CJA05-0101. General. Rule 5-101 establishes the Board of Appellate Court Judges and the conduct of the meetings of the Board.

Posted: December 14, 2018

Rules of Professional Conduct – Comment Period Closed January 27, 2019

Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.

RPC01.00. Terminology.

RPC01.07. Conflict of Interest: Current Clients.

RPC01.10. Imputation of Conflicts of Interest: General Rule.

RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.

RPC01.18. Duties to Prospective Client.

RPC02.04. Lawyer Serving as Third-Party Neutral.

RPC03.03. Candor toward the Tribunal.

RPC03.05. Impartiality and Decorum of the Tribunal.

RPC04.02. Communication with Persons Represented by Counsel.

RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.

RPC08.03. Reporting Professional Misconduct.

Posted: December 12, 2018

Rules Governing the State Bar – Comment Period Closed January 26, 2019

Proposed changes to Rule 14-106(c) accurately describe how the Bar calculates the rebate given to lawyers for the percentage of license fees used for legislative activities. The rule has also been changed to add Licensed Paralegal Practitioners.

USB14-0106. Authority to engage in legislative activities.

Posted: December 12, 2018

Rules Governing the State Bar – Comment Period Closed January 26, 2019

The proposed changes add Licensed Paralegal Practitioners to the Lawyer’s Fund for Client Protection Rules. Changes include renaming the Fund and the title of the article “Fund for Client Protection” rather than “Lawyers’ Fund for Client Protection.” The proposed changes require Licensed Paralegal Practitioners to contribute to the Fund and allow clients who lose money as a result of the dishonest conduct of Licensed Lawyer Practitioners to make a claim to the Fund for reimbursement.

USB14-0901. Definitions.

USB14-0902. Purpose and scope; establishment of Fund.

USB14-0904. Funding.

USB14-0907. Duties and responsibilities of the committee.

USB14-0908. Conflict of interest.

USB14-0910. Eligible claim.

USB14-0911. Procedures and form; responsibilities of claimants to complete form.

USB14-0912. Processing claims.

USB14-0913. Payment of reimbursement.

USB14-0915. Restitution and subrogation.

USB14-0916. Confidentiality.

Posted: November 20, 2018

Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners. Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

Posted: November 1, 2018

Rules Governing the State Bar – Comment Period Closed December 16, 2018

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Posted: November 1, 2018

Rules of Professional Practice – Comment Period Closed December 16, 2018

RPP014.515. Access to disciplinary information is amended to prohibit the Office of Professional Conduct and their staff and employees, the Ethics and Discipline Committee and their volunteers, and any special counsel from disclosing information about a disciplinary proceeding, prior to the filing of a formal complaint or the issuance of a public reprimand. Absent a protective order requiring confidentiality, the prohibition on disclosure does not apply to the person who filed the complaint or a witness.

Posted: October 31, 2018

Rules of Appellate Procedure – Comment Period Closed December 15, 2018

URAP048. The amendments to Rule 48(e)(1) help to clarify Subsections (e)(1) and (e)(2) and when the Court may extend the time for filing a petition or cross-petition for a writ of certiorari.