Category: -Code of Judicial Administration

Code of Judicial Administration – Effective November 1, 2022

CJA03-0421. WINGS Committee. (NEW). Outlines the roles and responsibilities of the new Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS).

CJA04-0903. Uniform custody evaluations. (AMEND). Limits the circumstances under which a custody evaluation can be ordered, outlines the training requirements of those who conduct custody evaluations, and shortens the time period in which a party must request a custody evaluation from 45 days to 28 days after the custody evaluation conference.

CJA06-0104. Water law judges. (NEW). New rule creating designated water judges in district court to handle cases involving water law and the adjudication of water rights.

Judicial Council Order

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Code of Judicial Administration – Effective May 23, 2022

CJA04-0508. Guidelines for ruling on a motion to waive fees. (AMEND). The proposed amendments are in response to S.B. 87, effective May 4, 2022. Among other things, SB 87 amends provisions regarding affidavits of indigency and requires a court to find an individual indigent under certain circumstances.

CJA01-0204. Executive committees. (AMEND).

CJA 01-0205. Standing and Ad Hoc Committees. (AMEND).

Creates a Standing Committee on Working Interdisciplinary Network of Guardianship Stakeholders (WINGS). Renames the Policy and Planning Committee to the “Policy, Planning, and Technology Committee.” In addition to its current responsibilities, the committee will now review and recommend technology policies and priorities. The Standing Technology Committee is dissolved.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2022

CJA01-0205. Standing and Ad Hoc Committees (AMEND). Creates a Standing Committee on Fairness and Accountability. Amends the membership of the Committee on Resources for Self-represented Parties, the Committee on Model Utah Criminal Jury Instructions, and the Committee on Court Forms.

CJA02-0103. Open and closed meetings (AMEND). Removes the requirement that the AOC send a separate notification to a newspaper of general circulation when the Judicial Council meeting agendas are posted on the Utah Public Notice Website. Clarifies that a Judicial Council meeting may be closed for discussions regarding legal advice of counsel.

CJA04-0302. Recommended Uniform Fine Schedule. (AMEND). In May 2020, the Management Committee approved changing the name of the committee from “Recommended Uniform Fine Schedule Committee” to “Recommended Uniform Fine Committee,” but the name wasn’t amended in the rule. The proposed amendment simply reflects the approved name change.

Judicial Council Order

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Code of Judicial Administration – Effective March 11, 2022

CJA03-0407. Accounting. (AMEND). The amendments to the rule address the following items:

1. Incorporate the Budget and Fiscal Management Committee (BFMC) into Rule 3-407 as an approval body for accounting manual updates. The original version of Rule 3-407 predated the creation of the BFMC.

2. Elevate and document the role of the clerks of court as reviewers and approvers of new and amended accounting manual policies, post review by the Accounting Manual Review Committee but before the BFMC. The clerks of court are performing this role today, the proposed amendment would simply incorporate current practice into policy. This change has been endorsed by Shane Bahr and Neira Siaperas.

3. Eliminate the court services representative on the Accounting Manual Review Committee as the elevation of the review by all clerks of court will more comprehensively address any role played by the old court services area which has been integrated into IT.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2022

CJA01-0303. Internal procedures and organization. (AMEND). Allows for reports from the Boards of District, Juvenile, and Justice Court Judges to be provided twice each year rather than quarterly.

CJA02-0101. Rules for the conduct of Council meetings. (AMEND)

CJA05-0101. The Board of Appellate Court Judges. (AMEND)

CJA06-0101. The Board of District Court Judges. (AMEND)

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives. (AMEND)

CJA09-0101. Board of Justice Court Judges. (AMEND)

Removes the requirement to follow Robert’s Rules of Order. Boards and Committees will use general principles for conducting meetings in an orderly and professional manner.

CJA03-0401.  Office of General Counsel. (AMEND). Clarifies that the General Counsel’s Office is not required to provide staff support for all Judicial Council and Supreme Court committees.

CJA04-0202.02. Records classification. (AMEND).The amendment at line 170 clarifies that a minor’s name is only public in criminal cases if the minor is a party. The amendment at lines 273-274 removes a reference to Utah Code Title 77, Chapter 3a because stalking injunctions are now codified with protective orders in Utah Code Title 78B, Chapter 7.

CJA04-0208. Automatic expungement of cases. (NEW).Governs the Administrative Office of the Court’s development and implementation of an automated expungement process. The rule requires approval by the Judicial Council of all automated processes and approval of the form and content of automated orders. Processes must also meet any requirements under the Rules of Criminal Procedure.

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Code of Judicial Administration – Effective November 1, 2021

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

The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.

CJA03-0415. Auditing (AMEND)

The approved 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.

CJA04-0206. Exhibits (AMEND)

The approved amendments address custody, disposal, and storage of physical and electronic evidence.

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

The approved amendments 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 approved 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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