Code of Judicial Administration – Comment Period Closed December 14, 2018
CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.”
Author: Utah Courts
Posted: October 30, 2018
Posted: October 29, 2018
Code of Judicial Administration – Comment Period Closed December 13, 2018
CJA04-0409. Council Approval of Problem Solving Courts. AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist. Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process. Makes miscellaneous stylistic changes and minor non-substantive revisions.
Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409. Reformats and reorganizes existing content for greater clarity and ease of use. Make minor non-substantive revisions and corrections. While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409. Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts. The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.
Posted: September 28, 2018
Code of Judicial Administration – Comment Period Closed November 12, 2018
CJA01-0205. Standing and Ad Hoc Committees.
AMEND. Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND. Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
AMEND. Stylistic formatting (numbering) changes to committee composition section of the rule.
CJA04-0202.02. Records Classification.
AMEND. Classifies abstracts of juvenile court judgments filed in district court as “private” court records.
CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.
AMEND. Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).
CJA Appendix I. Summary of Classification of Court Records.
AMEND. Change classification of “Criminal Invesigations” case type from “Protected” to “Public unless otherwise ordered” for better consistency with requirements of Utah Code.
Posted: September 26, 2018
Utah Rules of Evidence – Comment Period Closed November 10, 2018
URE0617. Eyewitness Identification. This new rule provides criteria and procedures to be used by a factfinder to evaluate a contested eyewitness identification.
URE0902. Evidence That Is Self-Authenticating. Amend. Adopts provisions similar to the recently adopted FRE 902(13) and (14) regarding electronic records.
Posted: August 29, 2018
Rules of Appellate Procedure – Comment Period Closed October 13, 2018
The amendments to URAP 23B incorporate language from the Court’s Revised Order Pertaining to Rule 23B, dated September 25, 2013, and makes other amendments that conform to current practice. The amendments to URAP 25, 46, 49, 50 and 51 are to conform the rules to current practice, and to clarify the standards and grounds for review of a petition for certiorari.
Posted: August 7, 2018
Rules Governing Licensed Paralegal Practitioner – Comment Period Closed September 21, 2018
RGLPP15-0705. Known as the “grandfathering” rule because it describes the licensing requirements for Licensed Paralegal Practitioner applicants who have worked as paralegal for at least 7 years and therefore are exempt from the educational requirements for three years from the date the Bar begins to accept LPP licensure applications. Rule 15-705 is not yet effective and was previously published for comment. The LPP Steering Committee determined that LPP applicants seeking to meet the work experience requirements of the rule should be able to meet those requirements by being supervised by a Licensed Paralegal Practitioner. The current rule only allows supervision by a lawyer. The Steering Committee determined that LPP applicants in some regions of the State may not be able to meet the supervised work requirement if supervision by a lawyer is required. Supervision by an LPP will allow more applicants to obtain the work necessary for licensure.
Posted: June 26, 2018
Code of Judicial Administration – Comment Period Closed August 10, 2018
CJA03-0401. Office of General Counsel. Amend. Deletes certain unnecessary and outdated provisions. Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.
CJA03-0414. Court Security. Amend. Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified and requires court access cards to be color-coded.
CJA04-0403. Electronic Signature and Signature Stamp Use. Amend. Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.
CJA04-0701. Failure to Appear. Amend. Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.
CJA04-0202.03. Records Access. Amend. Allows for access to certain records for Licensed Paralegal Practitioners. Allows access to juvenile court social records by entities or individuals providing services to juveniles.
CJA04-0202.09. Miscellaneous. Amend. Adds specific requirements for records access requests for email correspondence.