Category: -Rules of Juvenile Procedure

Rules of Juvenile Procedure – Comment Period Closed September 29, 2024

URJP014. Reception of referral; preliminary determination. Amend. The proposed revision to paragraph (a) intends to clarify when a probation officer may send a delinquency referral to a prosecutor. This change conforms with Utah Code sections 80-6-303.5 and 80-6-304.5. The changes also include several stylistic changes and a restructuring of paragraphs (a) and (c).

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Notice of Proposed Amendments to Utah Supreme Court’s Advisory Committee Rules – Comment Period Closes July 5, 2024

The Utah Supreme Court invites comments to the following proposed new rules. The comment period will close on July 5, 2024. The proposed rules identify factors judges should consider when setting in-person, remote, and hybrid hearings. The proposed rules also specify how hearing participants may request to appear in a manner opposite of the initial court setting. Finally, the proposed rules provide factors judges should consider in approving or denying a participant’s request.

URCP087. New. In-person, remote, and hybrid hearings; requests for accommodation.

URCrP017.05. New. In-person, remote, and hybrid hearings; requests for accommodation.

URJP061. New. In-person, remote, and hybrid hearings; requests for accommodation.

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Rules of Juvenile Procedure – Comment Period Closed June 30, 2024

URJP019C.Amend. Regarding motions on the justification of the use of force, the proposed amendment to Rule 19C specifically adopts Rule 12(c)(3) of the Rules of Criminal Procedure. This amendment intends to clarify the relationship between statute, the Rules of Criminal Procedure, and the Rules of Juvenile Procedure as outlined in Rule 2 of the Rules of Juvenile Procedure.

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Rules of Juvenile Procedure – Comment Period Closed June 10, 2024

URJP005.Definitions. Amend. Rule 5 is being amended to remove the definition of “adjudication.” Senate Bill 88 of the 2024 Legislative Session amends the definition of “adjudication” as found in Utah Code section 80-1-102. “Adjudication” as defined in statute is also a better fit for the Rules of Juvenile Procedure. As a result of the removal of “adjudication,” the remaining paragraphs are renumbered.

URJP013A.Limited-purpose intervention. New. In response to In re J.T., 2023 UT App 157, Rule 13A guides intervention in the juvenile court.

URJP015.Preliminary inquiry; informal adjustment without petition. Amend. The proposed revision to Rule 15 amends paragraph (f) to refer to statute as the guiding criteria for non-judicial extensions. Additional grammatical and stylistic changes were also made for clarity.

URJP022.Initial appearance and preliminary hearing in cases under Utah Code sections 80-6-503 and 80-6-504. Amend. House Joint Resolution 13 of the 2024 Legislative Session made changes to Rule 7B of the Rules of Criminal Procedure related to hearsay. Paragraph (k) of Rule 22 is amended to mirror those changes. Paragraph (k) is further amended to provide clearer direction regarding the raising of objections at the preliminary hearing. Additional grammatical and stylistic changes were also made for clarity.

URJP031.Initiation of truancy proceedings. Repeal. It is proposed that Rule 31 be repealed based on amendments to statute brought by House Bill 362 of the 2024 Legislative Session. Habitual truancy may be referred to the juvenile court for a non-judicial adjustment, but it may not be petitioned.

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Rules of Juvenile Procedure – Comment Period Closed

URJP050.  Presence at hearings. Amend. The proposed amendments to Rule 50 include: (1) a correction to referenced statute in paragraph (a); (2) replacing “court” and “courtroom” with “hearing” in paragraph (d), allowing the court to exclude a person from a hearing, including a remote hearing; and (3) stylistic and grammatical changes.

 

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Rules of Juvenile Procedure – Comment Period Closed February 3, 2024

URJP019C. Delinquency, traffic and adult criminal matters. Amend. The proposed amendments to Rule 19C include: (1) modifying the heading and the addition of a new paragraph (a) that provides the scope of this rule; (2) the addition of a new paragraph (f) to provide direction regarding motions on the justification of the use of force as a defense; and (3) stylistic and grammatical changes.

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Rules of Juvenile Procedure – Comment Period Closed January 1, 2024

URJP052. Appeals. Amend. The proposed amendments to Rule 52 include an overall restructure of the rule to provide clarity regarding juvenile court appeals timeframes. The amendments also include the addition of restoration of parental rights cases as cases that may be subject to appeal.

URJP056. Expungement. Amend. The proposed amendments to Rule 56 include: (1) updates to the referenced statute; (2) a simpler and clearer paragraph (b) regarding adjudication expungements that aligns with the statute, while removing language that places requirements not found in the statute; (3) removal of the language in paragraph (d) as the statute now places the responsibility of serving an expungement order on the juvenile court; and (4) the addition of three new expungement categories created by House Bill 60 of the 2023 Legislative Session.

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Rules of Juvenile Procedure – Comment Period Closed November 9, 2023

URJP017. The petition. Amend. The proposed amendments to Rule 17 include: updating references to statute as a result of changes enacted by House Bill 60 of the  2023 Legislative Session; changing the proper noun County Attorney or District Attorney to “the office of the county attorney” or “the office of the district attorney”; changing the proper noun Clerk of Court to “court clerk”; and replacing the language “shall” with “must” according to the Supreme Court Style Guide.

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Rules of Juvenile Procedure – Comment Period Closed October 13, 2023

URJP009. Detention hearings; scheduling; hearing procedure. Amend. The proposed amendments to Rule 9 include the addition of paragraph (o) allowing the juvenile court to review predisposition orders to detention every 30 days instead of every 7 days when there is concurrent jurisdiction in the district and juvenile courts or when a criminal information is pending in the juvenile court. The changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

URJP010. Bail for non-resident minors. Amend. The proposed amendments to Rule 10 include updating references to statute.

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Rules of Juvenile Procedure – Comment Period Closed July 29, 2023

URJP022.  Initial appearance and preliminary examination in cases under Utah Code section 80-6-503. Amend. The proposed amendments to Rule 22 include: (1) adding reference to Utah Code section 80-6-504 to the title; (2) changing the term “preliminary examination” to “preliminary hearing;” (3) in paragraph (f), adding reference to subsection (3) of 80-6-504; (4) in paragraph (g), clarifying timelines for scheduling preliminary hearings based on whether a youth is in custody, removing reference to Utah Code section 80-6-503, and moving the language allowing extension to time periods to the end of the paragraph; (5) replacing the language in paragraph (h) and making reference to 80-6-504(11); (6) removing specific probable cause language in paragraph (j) and making reference to 80-6-504(2)(a) and 80-6-503(3) instead; and, (7) adding “may” to the second clause of paragraph (k) to mirror the language of Rule 7B of the Utah Rules of Criminal Procedure.  Lastly, the changes also include replacing the language “shall” with “must” or “will” to comply with the Supreme Court Style Guide.

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