Category: Uncategorized

Proposed Mandatory Continuing Legal Education Rule Changes – Comment Period Closes March 24, 2025

USB11-602. Definitions. Amend. Delete the term “Comity Certificate;” in Rule 11-602 and add the definitions of “Multi-State Reciprocity” and “Carry-Forward Hours”.

USB11-604. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend. Requesting changes to the MCLE rules permitting lawyers to carry CLE hours forward from one year to the next; permitting reciprocal credit for lawyers with primary offices out of state

USB11-611.Board Accreditation of CLE. Amend. Make technical revisions to Rule 11-611 to re-organize the steps required to receive approval for CLE which is not offered to all lawyers and licensed paralegal practitioners.

USB11-612. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend. Change the capitalized word “Accreditation” to “accreditation” in Rule 11-612 and add the word “Rule” where it was inadvertently left out.

USB11-617. Miscellaneous fees and expenses. Amend. Add a filing fee for a lawyer to request “Multi-State Reciprocity”  in Rule 11-617.

USB11-619. CLE Credit for Pro Bono Legal Services. Amend. Remove the expiration date from Rule 11-619 permanently allowing CLE credit for qualified pro bono services.

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Code of Judicial Administration – Comment Period Closes March 7, 2025

CJA01-101. General definitions – Rules of construction (AMEND)
The proposed amendments clarify and update uniform definitions in the Code of Judicial Administration.

CJA04-510.03. Qualifications of ADR providers (AMEND)
The proposed amendments remove the option for applicants to qualify for inclusion on the Court-Approved Alternative Dispute Resolution roster by completing education, training, or experience requirements not listed in the rule.

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Approved Amendments and Public Comment Period for Utah Rules of Criminal Procedure – Comment Period Closes February 16, 2025

The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure updated citations to the Utah Code in Rules 6, 7, 7A, and 9. The amendments do not include any substantive changes to the Rules.

URCrP06. Warrant of arrest or summons. Amend.

URCrP07. Initial Proceedings for class A misdemeanors and felonies. Amend.

URCrP7A. Procedures for arraignment on class B or C misdemeanors, or infractions. Amend.

URCrP09. Proceedings for persons arrested without a warrant on suspicion of a crime.

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Rules Governing the Utah State Bar – Admissions – Comment Period Closed December 19, 2024

USB14-701. Definitions. Amend.

• General cleanup for clarity and consistency.
• Adds that pro bono work under 14-803 is “Active Practice”.
• Adds definition for “Alternate Path”.
• Adds definition for “Alternate Path Examination”.
• Updates language referring to delicensed attorneys.
• Adds definition for “Experiential Learning”.
• Adds definition for “Final semester”.
• Modifies definition for Formerly-Admitted Applicant.
• Adds definition for “Professional Responsibility”.
• Changes definition of an “Unapproved Law School”.

USB14-702. Board – general powers. Amend.

• General cleanup for clarity and consistency.

USB14-703. Qualifications for admission of Student Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes language to account for the Alternate Path as a means to admission.

USB14-703A. Alternate Path. Requirements. New.

• Outlines requirements for the proposed Alternate Path method of admission to the Bar.

USB14-704. Qualifications for admission of Attorney Applicants. Amend.

• General cleanup for clarity and consistency.
• Changes active practice of law requirement for applicants from Unapproved law schools.
• Changes the active practice of law requirement for applicants from foreign law schools.

USB14-705. Admission by motion. Amend.

• General cleanup for clarity and consistency.

USB14-706. Test accommodations. Amend.

• General cleanup for clarity and consistency.

USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

• General cleanup for clarity and consistency.
• Modifies the background investigation requirements to allow Admissions Committee to prescribe method of investigations.
• Removes late filing deadlines for examinees.
• Gives Deputy General Counsel or the Character and Fitness Committee authority to keep an application open for more than one year.

USB14-708. Character and fitness. Amend.

• General cleanup for clarity and consistency.
• Adds language to reflect the position of financial obligations in the review of an applicant’s character and fitness.

USB14-709. Application denial. Amend.

• General cleanup for clarity and consistency.

USB14-711. Grading and passing the Bar Examination. Amend.

• General cleanup for clarity and consistency.
• Adds language about appeal process specifically for paragraph (f).

USB14-712. Qualifications for admission based on UBE. Amend.

• General cleanup for clarity and consistency

USB14-714. Unsuccessful Applicants disclosure and right of inspection. Amend.

• General cleanup for clarity and consistency.

USB14-715. Requests for Review. Amend.

• General cleanup for clarity and consistency.

USB14-716. License fees; enrollment fees; oath and admission. Amend.

• General cleanup for clarity and consistency.
• Updates information to match the current relationship of admissions to the Utah Supreme Court and the District Court for the District of Utah.

USB14-717. Readmission of Utah attorneys after resignation with discipline, administrative suspension for three or more years, resignation with discipline, or delicensure. Amend.

• Updated title of rule for consistency.
• General cleanup for clarity and consistency.
• Changes requirement that a Formerly-Admitted Attorney applying under Rule 14-704 does not need to retake the bar examination but must complete the New Lawyer Training Program.

USB14-718. Licensing of Foreign Legal Consultants. Amend.

• General cleanup for clarity and consistency.

USB14-719. Qualifications for admission of House Counsel Applicants. Amend.

• General cleanup for clarity and consistency.
• Adds language indicating that House Counsel can not use lack of notice from the Bar as a defense to continuing to practice as House Counsel after authorization has ceased based on a triggering event.

USB14-720. Confidentiality. Amend.

• Removes language allowing Bar to disclose names of Applicants.
• General cleanup for clarity and consistency.

USB14-721. Admission of Deferred Action for Childhood Arrivals recipients. Amend.

• General cleanup for clarity and consistency.

 

 

 

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Code of Judicial Administration – Comment Period Closed December 12, 2024

CJA03-302.Clerk of the court. Amend. The proposed amendments bring the rule in line with current practice, help court employees understand the Clerk of Court’s role, and update language and other terms for consistency purposes.

CJA03-303. Justice court clerks. Amend. The proposed amendments clarify the role of non-court staff in justice court operations and codify the Judicial Council’s decision to restrict access to the courts’ case management system when certification requirements have not been met.

CJA04-401. Proceedings conducted by remote transmission. New. The proposed rule requires that remote court proceedings be conducted exclusively via a video conferencing platform approved by the Judicial Council. The Council may grant exceptions.

CJA01.205. Standing and ad hoc committees. Amend.
CJA03-114. Judicial outreach. Repeal. The proposed amendments: 1) create a Tribal Liaison Committee; 2) remove the general counsel member position from the Working Interdisciplinary Network of Guardianship Stakeholders Committee (WINGS); 3) eliminate the Pretrial Release and Supervision Committee; and 4) repeal the Judicial Outreach Committee. The Outreach Committee’s work will be absorbed by the Committee on Fairness and Accountability.
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Rules of Professional Conduct – Comment Period Closed December 9, 2024

Rule 3.3. Candor toward the tribunal. AMEND. The proposed amendment would align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.

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Notice of Approved Amendments and Public Comment Period for Utah Code of Judicial Administration – Comment Period Closed October 20, 2024

CJA3-102. Assumption of judicial office. (AMEND) Clarifies that the Judicial Council may extend the qualification time period for an appointee confirmed by the Senate when the judge the appointee is replacing has not ended their term.

CJA4-206. Exhibits. (AMEND) The proposed amendments reflect recent statutory changes concerning the receipt, retention, and exposal of court exhibits.

CJA4-101. Manner of Appearance. (NEW) The Supreme Court recently adopted rules of civil, criminal, and juvenile procedure identifying factors judges should consider when setting in-person, remote, and hybrid hearings. This rule is a companion rule addressing notice and compliance.

 

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Code of Judicial Administration – Comment Period Closed October 14, 2024

CJA4-202.02. Records classification. AMEND.  The proposed amendments reclassify probation progress/violation reports as protected records, classify “nonpublic restitution records” as sealed records in accordance with Utah Code, and update statutory references to account for the recodification of the Domestic Relations code.

CJA4-202.03. Records access. AMEND. The proposed amendments authorize the Utah Office for Victims of Crime (UVOC) to access sealed “nonpublic restitution records” to ensure the UVOC can fulfill its statutory obligations.

CJA6-104. District court water judges. AMEND. The proposed amendments clarify that the supervising water judge is responsible for reassigning water cases upon the retirement of a water judge.

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Code of Judicial Administration – Comment Period Closed September 30, 2024

UCJA11-0503. Oversight Committee for the Office of Professional Conduct. AMEND. The proposed amendments to this rule increase the number of committee members, expand the responsibilities of the committee, and increase the frequency of the committee’s meetings.

UCJA11-0510. Ethics and Discipline Committee composition. AMEND. The proposed amendments to this rule prohibit the chair of the Ethics and Discipline Committee from engaging in the private practice of law for payment. The proposed amendments also make stylistic changes.

UCJA11-0520. Chief Disciplinary Counsel and OPC counsel. AMEND. The proposed amendments to this rule clarify the employment structure and responsibilities of the Chief Disciplinary Counsel for the Office of Professional Conduct.

UCJA11-0521. OPC prosecutorial powers and duties. AMEND. The proposed amendments to this rule clarify the authority of the Chief Disciplinary Counsel of the Office of Professional Conduct.

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Rules of Appellate Procedure Comment Period Closed August 25, 2024

URAP019 Rule 19. Extraordinary relief. Amend. The Committee proposes amending Rule 19 to update the reference to Rule 23C.

URAP021 Rule 21. Filing and service. Amend. The Committee proposes amending Rule 21 to: (1) remove the language “and accompanied by proof of service” in paragraph (c) because that language is unnecessary where paragraph (e) provides the requirements for proof of service; and (2) change “contact information” to “user accounts” to clarify that electronic service will occur on parties that have a user account.

URAP023C Rule 23C. Motion for emergency relief. Amend. The Committee proposes amending Rule 23C to: (1) change the term “emergency relief” to “expedited review” throughout the rule and further clarify that this rule cannot provide any substantive relief, but provides only a means for obtaining expedited review of a pending motion, petition, or appeal; (2) clarify the content length of a motion for expedited review; and (3) clean-up language for clarity and consistency.

URAP029 Rule 29. Oral Argument. Amend. The Committee proposes amending Rule 29 to add that a party may not reserve more than five minutes for rebuttal during oral argument.

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