Category: CJA04-0405

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  AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.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.

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Code of Judicial Administration

CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires a presiding judge to evaluate a senior judge’s performance every 18 months after the first term and a commissioner’s performance annually. Changes the evaluation criteria to more closely match the JPEC criteria.
CJA 03-0201. Court commissioners. Amend. Requires a court commissioner to undergo a performance evaluation annually.
CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
CJA 11-0201. Senior judges. Amend. Establishes a residency requirement. Requires a senior judge to undergo a performance evaluation every 18 months after a first term.
CJA 11-0203. Senior justice court judges. Amend. Establishes a residency requirement. Requires a senior justic court judge to undergo a performance evaluation every 18 months after a first term.

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Code of Judicial Administration

CJA 03-0306. Language access in the courts. Amend. Adds a Utah residency requirement for interpreters seeking to be credentialed as court-certified interpreters.
CJA 04-0202.02. Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirements from their case assignment roster.

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Code of Judicial Administration

CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

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