CJA01-0205 – Utah Court Rules – Published for Comment

Posted: February 25, 2025

Code of Judicial Administration – Comment Period Closes April 11, 2025

CJA01-205.Standing and ad hoc committees. AMEND.

The proposed amendments:
(1) add community representatives who are knowledgable about the needs of self-represented
litigants to the Court Facility Planning Committee, Committee on Children and Family
Law, Committee on Resources for Self-represented Parties, Language Access Committee,
Committee on Court Forms, and Committee on Fairness and Accountability;
(2) require the chair of each standing committee to conduct a committee performance
assessment every three years and report the results to the Management Committee; and
(3) make non-substantive formatting changes.

CJA03-306.04.Interpreter appointment, payment, and fines. AMEND.

The proposed amendments:
(1) require parties to provide a written transcript of recorded evidence involving a spoken
language other than English;
(2) with limited exceptions, prohibit parties from asking court interpreters to provide on-the-
spot translations of written documents or on-the-spot interpretation of recorded evidence;
(3) direct interpreters to review audio and video files recorded in English prior to a court
proceeding;
(4) require court interpreters to inform the court if they are unable to provide on-the-spot
interpretation or translations; and
(5) make non-substantive formatting changes.

Posted: October 28, 2024

Code of Judicial Administration – Comment Period Closed December 12, 2024

CJA03-302.Clerk of the court. Amend. The proposed amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.

CJA03-303. Justice court clerks. Amend. The proposed amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.

CJA04-401. Proceedings conducted by remote transmission. New. The proposed rule requires that remote court proceedings be conducted exclusively via a video conferencing platform approved by the Judicial Council. The Council may grant exceptions.

CJA01.205. Standing and ad hoc committees. Amend.

CJA03-114. Judicial outreach. Repeal. The proposed amendments: 1) create a Tribal Liaison Committee; 2) remove the general counsel member position from the Working Interdisciplinary Network of Guardianship Stakeholders Committee (WINGS); 3) eliminate the Pretrial Release and Supervision Committee; and 4) repeal the Judicial Outreach Committee. The Outreach Committee’s work will be absorbed by the Committee on Fairness and Accountability.

Posted: May 15, 2024

Code of Judicial Administration – Comment Period Closes June 29, 2024

CJA01-0204.Executive committees (AMEND)
Amends membership on the Technology Advisory Subcommittee (TAC). A representative from the Office of General Counsel would replace the Policy, Planning, and Technology Committee member and a member of the Judicial Data and Research department would be added to each of the technology core teams.

CJA01-0205. Standing and ad hoc committees (AMEND)
Eliminates the General Counsel member position on both the Pretrial and WINGS committees.

CJA04-0202.01. Definitions (AMEND)
Clarifies that calendars are not “records.”

CJA04-0202.08. Fees for records, information, and services (AMEND)
Grants clerks of court the authority to waive the one free copy limit for court records associated with a case.

CJA04-0206. Exhibits (AMEND)
Provides exhibit managers with much-needed clarity and guidance on how to manage exhibits in criminal, post-conviction, and appellate actions.

Posted: March 20, 2023

Code of Judicial Administration – Comment Period Closed May 4, 2023

CJA01-0205. Standing and ad hoc committees (AMEND). Adds members to the Judicial Council’s Standing Committee on Fairness and Accountability.

CJA03-0117. Committee on Court Forms (AMEND). Acknowledges the Committee’s responsibility to review existing forms and assess the need for new court forms, adds new form requirements, including user-testing where practicable, and removes the requirement that the General Counsel conduct a legal review of every form prior to committee approval.

CJA03-0406. Budget and fiscal management (AMEND). Incorporates the role of the Budget and Fiscal Management Committee and makes other improvements to clarify the judiciary’s budget process.

Posted: December 20, 2021

Code of Judicial Administration – Comment Period Closed February 3, 2022

CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.

CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.

CJA03-0420. Committee on Fairness and Accountability (NEW). Outlines the roles and responsibilities of the new Committee on Fairness and Accountability.

CJA04-0903. Uniform custody evaluations (AMEND). Limits the circumstances under which a custody evaluation can be ordered and outlines the training requirements of those who conduct custody evaluations.

Posted: June 10, 2020

Code of Judicial Administration – Comment Period Closed July 25, 2020

CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”

CJA04-0302. Uniform recommended fine/bail schedule (AMEND)

Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of Corrections” and the “Juvenile Court Probation Department” because that is not always the case.

CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”

CJA04-0704. Authority of court clerks (AMEND)

Replaces “bail” with “fine,” replaces “forfeit bail” with “remit a fine,” and changes the name of the schedule to the “Uniform Fine Schedule.”

CJA06-0301. Authority of court commissioner as magistrate (AMEND)
Amends “bail” to “fines.”

Appendix B. Justice Court Standards (AMEND)
Amends “bail schedule” to “fine schedule.”

Appendix F. Utah State Courts Records Retention Schedule (AMEND)
Changes the name of the schedule to the “Uniform Fine Schedule.”

Posted: January 21, 2020

Code of Judicial Administration – Comment Period Closed March 6, 2020

CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.

CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.

CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”

CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.

CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.

CJA010-1-0202. Verifying Use of Jury (AMEND). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed
because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.

CJA Appendix F. Utah State Court Records Retention Schedule. The first proposed amendment eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently. Because Rule 9-301 was
repealed, those records should now be destroyed at the same time as the file to which the record pertains. Eliminating the specific reference in the schedule will default to that result.

The second proposed amendment changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.

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: 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: August 28, 2017

Code of Judicial Administration – Comment Period Closed October 12, 2017

CJA01-0205. Standing and ad hoc committees. Amend. Adds a justice court judge to the Standing Committee on Resources for Self-represented Parties.

CJA03-0104. Presiding judges. Amend. Moves and amends paragraph (c)(5) from Rule 7 of the Utah Rules of Criminal Procedure, which addresses the use of justice court judges as magistrates.

CJA06-0501. Reporting requirements for guardians and conservators. Amend. In conformity with H.B. 214 (2017), removes the requirement that a non-parent co-guardian report to the court when another co-guardian is the parent of the protected person.