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.”
Utah Court Rules – Published for Comment
The Supreme Court and Judicial Council invite comments about amending these rules. To view the proposed amendment, click on the rule number.
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Posted: October 30, 2018
CJA11-0401. Standing Committee on Appellate Representation. Amend. Updates the definition of “legal defender’s office.”
Posted: October 29, 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: June 26, 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 Deletes certain unnecessary and outdated provisions.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.
Posted: March 27, 2018
CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule is effective April 1, 2018 pursuant to UCJA Rule 2-205 and this is the second request for comment.
Posted: February 8, 2018
CJA11-104 Amend. The proposed amendment clarifies the process for submitting a proposed rule change for publication.
Posted: January 31, 2018
CJA03-0111 Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires. This is the second request for comment due to the addition of the fourth category of amendments.
Posted: January 31, 2018
CJA03-0407 Amend. Accounting. Amends the membership of the Accounting Manual Review Committee to reflect current practice.
CJA04-0202.02 Amend. Records Classification. Allows a minor’s full name to be listed on any type of protective order, rather than initials only on adult protective orders and a full name on child protective orders. Classifies affidavits of indigency as private record.
CJA04–0202.07 Amend. Appeals. Clarifies that a person may appeal a response that a record does not exist or is not maintained by the court and amends the timing for filing and responding to an appeal.
CJA04-0202.09 Amend. Miscellaneous. Strikes language requiring filers to certify that all non-public information has been omitted or redacted from public records.
CJA04-0510.03 Amend. Qualification of ADR Providers. Updates the language of the rule to reflect the broadened scope of the new ADR ethics exam
CJA07-0303 Repeal. Repeals the rule in its entirety due to changes in HB 239.
Posted: November 30, 2017
CJA11-101 Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.
Posted: November 27, 2017
Utah Rules of Civil Procedure
URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.