Category: -Code of Judicial Administration

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Code of Judicial Administration – Comment Period Closed November 3, 2023

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.

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Code of Judicial Administration – Comment Period Closed June 8, 2023

CJA04-0202.03. Records access (AMEND).

CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND).  The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.

CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.

CJA06-0501. Reporting requirements for guardians and conservators (AMEND). In response to previous public comments, the proposed amendments clarify filing requirements and use of forms for guardians and conservators.

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Code of Judicial Administration – Comment Period Closed June 8, 2023

CJA04-0202.02. Records classification (AMEND). The proposed amendments update statutory references and include three substantive changes:

  1. Classifies records related to Court Commissioner Conduct Committee and Council actions under CJA Rule 3-201.02 as “private,” except for public censures by the Judicial Council.
  2. Safeguards contact information in domestic cases upon request, if the individual’s contact information has been safeguarded in a protective order or stalking injunction action under (8)(A) or in the cases listed under (8)(B).
  3. In response to S.B. 93, classifies:
    • sex designation records for both minors and adults as “private;”
    • name change records for both minors and adults as “public,” and
    • records in cases involving both a name change and a sex designation change, for minors and adults, as “private” (with a few exceptions).

 

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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.

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Code of Judicial Administration – Comment Period Closed April 14, 2023

CJA06-0507.  Court visitors (AMEND). The proposed amendments replace “protected person” and “ward” with “respondent” where applicable; clarify who may receive a court visitor report or notice; require court visitors to use a Council-approved Order on Review form; and provide the court with broad discretion in taking action on a court visitor report. Language access requirements are addressed elsewhere in the Code of Judicial Administration.

CJA03-0414. Court security (AMEND). The proposed amendments require officers in plain clothes to wear something that identifies them as law enforcement; require officers to use a duty-type holster with a user-operated restraining device if a firearm is visible; clarify who is allowed to carry firearms in courthouses; and otherwise clean up or streamline the rule.

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Code of Judicial Administration – Comment Period Closed February 3, 2023

Amendments clarify that attorneys and licensed paralegal practitioners must file cases electronically and allow self-represented litigants to file by email.

CJA04-0503. Mandatory electronic filing in civil and probate cases (AMEND)

CJA04-0603. Mandatory electronic filing in criminal cases (AMEND)

CJA04-0801. Filing small claims cases (AMEND)

CJA04-0901. Mandatory electronic filing in juvenile court (AMEND)

CJA09-0302. Mandatory electronic filing in justice court (AMEND)

 

 

 

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