Category: -Code of Judicial Administration

Code of Judicial Administration – Comment Period Closed July 8, 2016

CJA03-0104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.
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Code of Judicial Administration – Comment Period Closed April 23, 2016

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

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Code of Judicial Administration

CJA 03-0302. Clerk of Court. Amend. Provides that the clerk’s office shall be open during all business hours except Saturdays, Sundays, and holidays. Provides that during hours of operation the clerk or deputy shall be physically present, or immediately available remotely.
CJA 03-0306.01. Language access definitions. New. Defines terms applicable to rules 3-306.02 through 3-306.05 of the Utah Code of Judicial Administration. Deletions and additions to the language are redlined.
CJA 03-0306.02. Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.
CJA 03-0306.03. Interpreter certification. New. Outlines the process for becoming a certified interpreter. Provides a process whereby an exception may be made to one or more of the requirements as determined by the
Language Access Committee. Reiterates the policy that contract interpreters are independent contractors. Deletions and additions to the language are redlined.
CJA 03-0306.04. Interpreter appointment, payment, and fees. New. Outlines the interpreter appointment process. Provides that the Judicial Council will review a market study every three years in order to set hourly rates for interpreters. Deletions and additions to the language are redlined.
CJA 03-0306.05. Interpreter removal, discipline, and formal complaints. New. Outlines the interpreter discipline process. Provides that an interpreter may be disciplined for unprofessional conduct, or for being convicted of, or charged with, a crime. Revises the formal complaint process so that following a proposed resolution by the Language Access Program Coordinator, an interpreter may request a hearing before a panel of the Language Access Committee, and may appeal that panel’s decision to the Language Access Committee. Deletions and additions to the language are redlined.
CJA 04-0106. Electronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.
CJA 04-0408.01 Responsibility for administration of trial courts. Amend. Removes Morgan from the list of district courts administered by a county or municipality, since it is administered by the Administrative Office of the Courts.
CJA 04-0602. Victims’ Rights Committees. Repeal. Repeals the rule because the process for establishing Victims’ Rights Committees is now outlined by Utah Code section 77-37-5.
CJA 09-0105. Justice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.
CJA 09-0302. Mandatory electronic filing. New. Provides that e-filing will be discretionary in justice court criminal cases from July 1, 2016 to December 31, 2016. Provides that e-filing will be mandatory in justice court criminal cases beginning December 31, 2016.

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Code of Judicial Administration

CJA 01-0201. Membership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.
CJA 01-0205. Standing and ad hoc committees. Amend. Creates a standing committee of the Judicial Council to address pretrial release and supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA 03-0116. Pretrial Release and Supervision Committee. New. Outlines the responsibilities of the Judicial Council’s Standing Committee on Pretrial Release and Supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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Code of Judicial Administration

CJA 03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.
CJA 04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.

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Code of Judicial Administration

CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Removes Kanab from the list of district courts administered through contract with county or local government. Effective December 1, 2015 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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Code of Judicial Administration

CJA 04-0202.08. Fees for records, information, and services. Amend. Changes the fee to access a court document online from $2.50 to $.50. Effective October 7, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile court mediation disposition notices as juvenile court social records. Exempts information required by Utah Code section 78A-6-304(4) from being classified as safeguarded.

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