Code of Judicial Administration – Effective November 1, 2021

CJA01-0205. Standing and ad hoc committees (AMEND)

The proposed amendments (lines 159-179) change the Standing Committee on Pretrial Release and Supervision membership as follows:

  • Removes the insurance department representative (at the request of the deputy insurance commissioner);
  • Removes the juvenile judge position (at the request of the Board of Juvenile Court Judges);
  • Adds a chief of police;
  • Adds a representative from the Utah Victims’ Council; and
  • Adds a representative from a local community organization active in the pretrial arena.

CJA03-0415. Auditing (AMEND)

The proposed amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA03-0419. Office of Fairness and Accountability (NEW)

Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.

Many of the public comments (attached) challenged the policy decision to establish the Office. Policy and Planning’s task was to draft a rule outlining the scope of the Office’s work. Following the comment period, the Committee made the following additional amendments:

  • Ensured the terms “judiciary,” “judicial branch,” and “judicial system” were consistent throughout;
  • Deleted (3)(A)(i)(d) in lines 56-57;
  • Amended (3)(A)(v) in lines 90-93; and
  • Amended (3)(E) in lines 108-110.

CJA04-0206. Exhibits (AMEND)

The rule underwent a significant revision following a 2019 audit. The proposed amendments address custody, disposal, and storage of physical and electronic evidence. This rule has been thoroughly vetted by the boards and clerks of court.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND)

The proposed amendments (lines 30-34) allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.

CJA07-0302. Court reports prepared for delinquency cases (AMEND)

The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The proposed amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.

Judicial Council Order

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Rules Governing the Utah State Bar – Effective November 1, 2021

USB14-0802. Authorization to practice law. Amend. The rule will now allow an LPP to stand or sit with their client during a proceeding to provide emotional support, answer factual questions as needed that are addressed to the client by the court or opposing counsel, take notes, and assist the client to understand the proceeding and relevant orders. This amendment differs from what circulated for comment by clarifying and limiting the scope of the LPP’s assistance at counsel table.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2021

URAP015. Petitions for review in tax cases. Amend. The amendments to Rule 15: (1) remove the statutory citations in 15(a) and (c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The amendments to Rule 43: (1) change the due date from 10 days to 14 days in 43(b)(1); (2) comport the rule with Standing Order No. 11; and (3) clean up other language for clarity and consistency.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioners – Effective June 3, 2021

URGLPP15-0703. Qualifications for licensure as a Licensed Paralegal Practitioner. Amend. The rule omits reference to the repealed Limited Time Waiver and adds clarity to the qualifying degrees and certifications under the education portion of the eligibility requirements.

URGLPP15-0705. Limited time waiver. Repeal. As of May 1, 2021, the Limited Time Waiver has expired. The Waiver was slated to expire three years from the date which the Bar began accepting applications for the Licensed Paralegal Practitioner, which began in spring 2019.

Supreme Court Order

 

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Rules Governing Licensed Paralegal Practitioners – Effective May 1, 2021

URGLPP15-0401. Purpose. REPEALED.

URGLPP15-0402. Definitions. REPEALED.

URGLPP15-0404. Active status licensed paralegal practitioner MCLE. REPEALED.

URGLPP15-0405. MCLE requirements for licensed paralegal practitioner on inactive status. REPEALED.

URGLPP15-0406. MCLE requirements for limited paralegal practitioner on active military duty. REPEALED.

URGLPP15-0408. Credit hour defined; application for approval. REPEALED.

URGLPP15-0409. Self-study categories of accredited MCLE defined. REPEALED.

URGLPP15-0410.  Accreditation of MCLE; attendance; undue hardship  and special accreditation. REPEALED.

URGLPP15-0411. Board accreditation of non-approved sponsor courses. REPEALED.

URGLPP15-0412.  Presumptively approved sponsors; presumptive MCLE accreditation. REPEALED.

URGLPP15-0413.  MCLE credit for qualified audio and video presentations; webcasts; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. REPEALED.

URGLPP15-0414.  Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. REPEALED.

URGLPP15-0415.  Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. REPEALED.

URGLPP15-0416.  Limited paralegal practitioner on active status not practicing in Utah; limited paralegal practitioner on active status engaged in full-time volunteer work in remote locations. REPEALED.

URGLPP15-0417.  Miscellaneous fees and expenses. REPEALED.

Supreme Court Order

 

 

 

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Rules of Juvenile Procedure – Effective September 1, 2021

URJP018. Summons; service of process; notice. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP020. Discovery generally. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP022.  Initial appearance and preliminary examination in cases under Utah Code section 78A–6–703.3. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP043. Evidence. Amended.  Updates statutory reference to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP046. Disposition hearing. Amended. Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP047. Reviews and modification of orders. Amend.  Updates statutory references to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

URJP056. Expungement. Amended.  Updates statutory references and makes minor revisions to reflect statutory changes contained in H.B. 285 Juvenile Recodification (2021).

Supreme Court Order

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