Rule 1-101. General definitions - Rules of construction.

Intent:

To establish clear and uniform definitions of words used in this Code.

Applicability:

These definitions shall apply to all rules adopted by the Judicial Council.

Statement of the Rule:

(1) Unless the context indicates otherwise, as used in this Code:

(A) "Administrative Office" means Office of the State Court Administrator.

(B) "Administrative Staff" means employees of the judiciary who are authorized to perform and responsible for performing administrative functions.

(C) "Board" means one or more of the Boards of Judges established by this Code.

(D) "Chair" means the presiding officer of a board of judges.

(E) "Code" means the Code of Judicial Administration and may be cited as CJA.

(F) "Council" means the Utah Judicial Council as established by Article VIII, Section 12 of the Utah Constitution.

(G) "Court" means an entire jurisdictional system and not any geographic division thereof.

(H) "Court Executives" means the chief administrative officer of the local courts and the clerks of the appellate courts.

(I) "Courts of Record" means those courts in which the judges have the qualifications required by Article VIII, Section 7 of the Utah Constitution, are selected in the manner prescribed by Article VIII, Section 8 of the Utah Constitution, and are retained in the manner prescribed by Article VIII, Section 9 of the Utah Constitution. The following are courts of record: the Supreme Court, the Court of Appeals, the district courts, and the juvenile courts.

(J) "Courts not of Record" means those courts in which the judges have the qualifications established by the Legislature and are selected in a manner prescribed by the Legislature under the authority of Article VIII, Section 11 of the Utah Constitution. Justice courts are courts not of record.

(K) "Final action" means the vote of the council adopting, amending, or repealing a rule or resolution.

(L) "Judge" includes justices and judges of courts of record and courts not of record.

(M) "Judicial Officer" means an officer of the court who is a judge or justice and has the authority to decide causes or issues between parties and render decisions in a judicial capacity.

(N) "Judiciary" means the entire judicial branch of government including justices, judges, court commissioners, referees, hearing officers, court reporters, clerical and administrative staff and central, local, and line staff.

(O) "Local Supplemental Rules" means those rules governing the administration of the judiciary which have been adopted by the local courts in accordance with the provisions of this Code.

(P) "Policy" means the general principles for the government of the Judiciary.

(Q) "Presiding Officer" means the chief justice of the Supreme Court as the presiding officer of the council.

(R) "Quasi-judicial Officer" means court commissioners and court referees.

(S) "Quorum" means a majority of the members of the Judicial Council, Board, committee or other body.

(T) "Resolution" means a formal statement of the opinion of the council.

(U) "Rule" means a standard, guideline, or directive issued by the council concerning a matter of policy.

(V) "Secretariat" means the clerical and administrative staff to the Council, the Boards and the Council's executive, ad hoc and standing committees.

(2) Unless the context indicates otherwise, as used in this Code the singular includes the plural, and the plural the singular; the masculine includes the feminine, and the feminine the masculine.

(3) Any rule of the council, insofar as the rule is identical to an existing policy of the council, shall be construed as a continuation of such policy and not as a new enactment.