Category: CJA04-0202.08

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.

CJA06-0301. Authority of court commissioner as magistrate. (AMEND). Within the bounds of Utah Code section 78A-5-107 and constitutional limitations on the delegation of judicial authority, the proposed amendments broaden commissioners’ magistrate authority. The rule identifies the types of cases and matters court commissioners are authorized to hear and the types of relief and orders they may recommend. The rule also establishes timely judicial review of recommendations and orders made by a court commissioner.

CJA04-0202.08. Fees for records, information, and services. (AMEND). The proposed amendments 1) clarify that personnel time may be charged to copy records, 2) clarify that court appointed attorneys qualify for a fee waiver if they are requesting records on behalf of an indigent client and the client would qualify for a waiver, and 3) add a provision regarding bulk data. Bulk data fees and individual hourly rates removed from the rule would be posted on the court webpage.

CJA04.0202.02. Records classification. (AMEND)

CJA04-0202.03. Records access. (AMEND).

The proposed amendments classify video records of court proceedings, other than security video, as sealed and limit access to 1) official court transcribers for the purposes outlined in Rule 5-202, 2) court employees if needed to fulfill official court duties, and 3) anyone by court order. Individuals denied access may file a motion with the court under Rule 4-202.04.

CJA04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. (Amend). Clarifies that requesters denied access to non-public court records associated with a case that they are not authorized to access under rule 4-202.03 must file a motion or petition to access the record.

CJA04-0202.08. Fees for records, information, and services. (Amend). Consistent with H.B. 96 and 63G-2-203(5)(c), the proposed amendments in lines 55-62 would allow the court to charge requesters for the first 15 minutes of personnel time if the person has submitted a separate request within the 10-day period immediately prior to the date of the new request, provided the person is not a Utah media representative.

In line 112, “impecunious” is changed to “indigent” to make it more consistent with Utah Code and other court rules.

In lines 116-118, indigent requesters are allowed one free copy of each record, after which they would be required to pay the standard rates. Exceptions can be made by the State Court Administrator.

CJA01-0204. Executive committees. (Amend). The proposed amendments create court-level core teams and subcommittees of Policy, Planning, and Technology to assist the Committee in accomplishing its new technology responsibilities.

CJA01-0201. Judicial Council Membership – Election. (Amend).

CJA01-0302. Board of Judges Membership – Officers – Secretariat. (Amend).

The proposed amendments clarify that Council members may serve as non-voting members of a trial court board and continue to allow an exception for the appellate courts.

Rule 1-201 has also been amended to reflect the Judicial Council’s membership exception for the Standing Committee on Judicial Fairness and Accountability set forth in rule 1-205(1)(C).

CJA 03-0301. Court administrators. Amend. Modifies responsibilities to reflect duties.
CJA 03-0410. Automated information resource management. Amend. Modifies responsibilities to reflect duties.
CJA 04-0202.08. Fees for records, information, and services. Amend. Establishes a fee of $5.00 to email a document. Prohibits the court from emailing a document available on Xchange.
CJA 04-0501. Expedited jury trial. New. Implements the pilot program as directed by HB 349 (2011) and HB 204 (2012).
CJA 04-0502. Expedited procedures for resolving discovery issues. Renumber 10-1-306 and 10-1-406 and amend. Describes a process for resolving discovery disputes quickly to minimize the impact on time to complete discovery.
CJA 04-0503. Mandatory electronic filing. New. Requires that documents in district court civil cases be filed electronically effective January 1, 2013. Provides for exceptions.

CJA 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-403. Signature stamp use. Amend. Permits a clerk to use the judge’s signature stamp to approve an order accepting a plea in abeyance if no appearance is required by the Uniform Fine and Bail Schedule.
CJA 04-510. Alternative dispute resolution. Amend. The amendments will modify the training and experience necessary to qualify for the Utah State Roster of ADR Providers and to serve as a provider in divorce mediation. The amendments will provide for sanctions other than removal from the roster. The Uniform Mediation Act is added to the required reading for qualified training programs.
CJA 04-704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Changes from 14 days to 20 the time in which a clerk may dismiss charges for an automotive mechanical deficiency after the deficiency has been corrected.

CJA 03-414. Court security. Amend. Correct statutory references.
CJA 04-202.08. Fees for records, information, and services. Amend. Establishes the fee for delivery of documents by outgoing fax.
CJA 07-301. Intake. Amend. Delete erroneous reference to non-judicial adjustment as including a surcharge.
CJA 11-302. Admission pro hac vice. Amend. Exempts from the fee for admission pro hac vice attorneys representing the U.S. government and those representing indigent defendants on a pro bono basis.
CJA 11-304. Pro bono admission for law school faculty lawyers. New. Permits law school faculty member to perform pro bono legal services within this state. Establishes qualifications and procedures.