Dear Judges:
More than five years ago, the Supreme Court formed the Advisory Committee on Criminal Jury Instructions and the Advisory Committee on Civil Jury Instructions to draft new and amended instructions to conform to Utah law. The Court urged the committees to use plain language drafting principles so that statements of the law would be clear to non-lawyers.
The committees have worked long and hard and, to date, each have produced an impressive body of instructions. These instructions have been approved as the Second Edition of the Model Utah Jury Instructions (MUJI 2d) for use in jury trials. The official depository for these instructions is the state court web site at:
www.utcourts.gov/resources/muji
MUJI 2d is a summary statement of Utah law but is not, of course, the final expression of the law. In the context of any particular case, this Court or the Court of Appeals may review a model instruction. Nevertheless, the Supreme Court urges trial judges to use the MUJI 2d instructions to the exclusion of other instructions, if MUJI 2d contains an instruction applicable to the subject, the MUJI 2d instruction accurately states the law on that subject, and a party requests the MUJI 2d instruction. Obviously, the trial court may edit the MUJI 2d instructions to fit the circumstances of the trial.
MUJI 2d is a continual work in progress, with new and amended instructions being published periodically on the web site. We urge trial judges to share their experiences with these model instructions as well as their suggestions for improvements with the advisory committees. John Young chairs the Advisory Committee on Civil Jury Instructions, with Tim Shea providing staff support, and Judge Denise Lindberg chairs the Advisory Committee on Criminal Instructions, with Brent Johnson providing staff support.
We appreciate the responsiveness and care with which the trial courts have addressed the MUJI 2d project so far and look forward to its continued success.
Sincerely,
Christine M. Durham
Chief Justice