Category: CJA01-0205

CJA01-0205. Amend. Standing and ad hoc committees

CJA02-0102. New. Tribal Liaison Committee. The proposed amendments create a new Judicial Council standing committee, the Tribal Liaison Committee, to serve as a core leadership team for the Tribal Liaison and to provide subject matter expertise to the Council regarding matters impacting both the judiciary and tribal courts.

CJA03-0422. Amend. The proposed amendments formalize the existence of the Council’s consent calendar, list the items which may be placed on the calendar, outline the process for removing items from the calendar, and require a Council vote on items placed on the consent calendar.

CJA03-0501. Amend. The proposed amendments clarify policies regarding retirement benefits for commissioners and judges of courts of record and incentive benefits for active senior judges.

CJA04-0101.New. Manner of appearance. The Supreme Court recently published proposed rules of civil, criminal, and juvenile procedure which identify factors judges should consider when setting in-person, remote, and hybrid hearings. The procedural rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting and provide factors judges should consider in approving or denying a participant’s request. Rule 4-101 is a new companion rule addressing notice and compliance.

The following rules are approved for a 45-day public comment period.

CJA04-020.03. Records access. (AMEND). Allows a petitioner in an expunged case to obtain a certified copy of the expungement order and case history upon request and in-person presentation of positive identification. This mirrors the process for adoptive parents in obtaining a certified copy of the adoption decree.

CJA06-0501. Reporting requirements for guardians and conservators. (AMEND). Incorporates changes related to H.B. 320 (Guardianship Bill of Rights), streamlines and clarifies exceptions to reporting requirements, outlines procedures and timelines for approval of and objection to reports, and requires the use of a Judicial Council-approved cover sheet and report forms that are substantially the same as Judicial Council-approved forms.

The following rules will go into effect May 23, 2022. Pursuant to CJA Rule 2-205, Expedited rulemaking procedure, the rules are subject to a 45-day comment period. 

CJA04-0508.  Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.

CJA01-0204. Executive committees. (AMEND).

CJA01-0205. Standing and Ad Hoc Committees. (AMEND).

Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.

The following rule will go into effect July 1, 2022. Pursuant to CJA Rule 2-205, Expedited rulemaking procedure, the rule is subject to a 45-day comment period. 

CJA09-0109. Presiding Judges. (AMEND). Simplifies the leadership structure of justice courts and addresses the compensation disparity related to presiding and associate presiding judges by eliminating the position of Education Director. The Associate Presiding Judge will assume education duties.

CJA01-0205. Standing and ad hoc committees (AMEND). Amends membership on the Standing Committee on Pretrial Release and Supervision.

CJA03-0419. Office of Fairness and Accountability (NEW). Establishes the Office of Fairness and Accountability, and identifies the duties of the Director and the objectives of the Office.

CJA04-0202.02. Records classification (AMEND). Clarifies that minors’ names are only public in criminal cases if the minor is a party. This is not a change, the language is simply intended to clear up confusion on the issue.

CJA04-0206. Exhibits (AMEND). Significantly bolsters uniform procedures for the marking, receipt, maintenance, and release of exhibits. Provides courts with the discretion to extend applicability to any proceeding in which exhibits are introduced.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Allows JPEC continued use of recordings to evaluate the performance of justice court judges subject to a basic evaluation.

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.