Category: -Code of Judicial Administration

Code of Judicial Administration – Effective May 1, 2021

CJA03-0101. Judicial performance standards. (AMEND). Establishes a definition of “submitted” for purposes of the case under advisement performance standard. Clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control.

CJA03-0108. Judicial assistance. (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2021

CJA03-0201. Court Commissioners (AMEND). Clarifies that both the Council and presiding judges can take corrective actions in response to a complaint or poor performance, and “removal” was added as a possible corrective action.

CJA03-0201.02. Court Commissioner Conduct Committee (AMEND). More clearly defines the committee’s charge and complaint procedures, and creates an appeals process if the Committee dismisses a complaint without a hearing.

CJA03-0301.01. State Court Administrator—Complaints and Performance Review; Complaints Regarding Judicial Officers and State Court Employees (NEW)
Establishes the Management Performance Review Committee, outlines a process for reviewing the performance of the State Court Administrator, and creates an avenue by which complaints regarding the State Court Administrator, judicial officers, and state court employees can be received, reviewed, and investigated.

CJA03-0105. Administration of the Judiciary (NEW). Sets forth the authority of judges, courts, the Supreme Court, and the Judicial Council to administer the functions of the judicial branch.  Creates a process by which the Supreme Court and Judicial Council may assess and determine exclusive and predominate authority, and how those two bodies will communicate with each other when issues arise.

Judicial Council Order

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Code of Judicial Administration – Effective January 28, 2019

CJA04-0409. Council approval of Problem Solving Courts.
AMEND. Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist.  Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process.  Makes miscellaneous stylistic changes and minor non-substantive revisions.

Judicial Council Order

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Code of Judicial Administration – Effective January 1, 2019

CJA01-0205. Standing and Ad Hoc Committees.
AMEND – Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND – Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.

CJA04-202.02. Records Classification.
AMEND – Classifies abstracts of juvenile court judgments filed in district court as “private” court records.

CJA04-508.  Guidelines for Ruling on Motion to Waive Fees.
AMEND – Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).

CJA Appendix I. Summary of Classification of Court Records.
AMEND – Change classification of “Criminal Investigations” case type from “Protected” to “Public unless otherwise ordered.”

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2018

CJA03-0401. Office of General Counsel.  Amend.  Deletes certain unnecessary and outdated provisions.  Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.

CJA03-0414. Court Security.  Amend.  Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified.

CJA04-0202.03. Records Access.  Amend.  Allows for access to certain records for Licensed Paralegal Practitioners.  Allows access to juvenile court social records by entities or individuals providing services to juveniles.

CJA04-202.09. Miscellaneous.  Amend.  Adds specific requirements for records access requests for email correspondence.  Corrects previous publication error regarding Tax-related Records and removal of language requiring certification of omitting / redacting all non-public information from the record.

CJA04-0403. Electronic Signature and Signature Stamp Use.  Amend.  Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.

CJA04-0701. Failure to Appear.  Amend.  Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2018

CJA03-0111. Performance evaluation of senior judges and court commissioners.  Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires.

Judicial Council Order

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Code of Judicial Administration – Effective June 25, 2018

CJA09-0109. Presiding judges. New. Amend. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule was effective April 1, 2018 pursuant to UCJA Rule 2-205. The final version effective June 25, 2018 adds “the media” to paragraph (3)(D)(i) in conformity with the paragraph (3)(D) title.

Judicial Council Order

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