Category: Uncategorized

Code of Judicial Administration – Comment Period Closes 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.
Continue Reading

Rules of Professional Conduct – Comment Period Ends 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.

Continue Reading

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.

 

Continue Reading

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.

Continue Reading

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.

Continue Reading

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.

Continue Reading

Notice of Proposed MCLE Rule Amendments – Comment Period Closed July 29, 2024

MCLE Rule Amendments. Several housekeeping changes, including correctly identifying “paralegal practitioners” as “licensed paralegal practitioners”; resolving questions posed by the Court during the last revision of MCLE rules; simplifying appeals; and formalizing the process for readmission of lawyers following administrative suspension for three or more years for failing to comply with MCLE rules and the process for relicensure of licensed paralegal practitioners following administrative suspension for three or more years for failing to comply with MCLE rules.

Continue Reading

Matter of Emergency Modifications to Utah Supreme Court Rules of Professional Practice, Rules Governing Admission to the Utah State Bar – Comment Period Closed April 16, 2020

Proposed Order for Temporary Amendments to Bar Admission Procedures During COVID-19 Outbreak. The proposed Order would modify the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19). The Court will accept comments on this proposed Order through April 16, 2020.

Statement Accompanying Emergency Proposed Order

Continue Reading

Rules of Criminal Procedure – Comment Period Closed January 4, 2020

URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.

URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.

Continue Reading
Continue Reading