Code of Judicial Administration – Effective November 1, 2020

CJA03-0104. Presiding Judges (AMEND). Defines “submitted” for purposes of the cases under advisement performance standard.

CJA03-0111. Performance Evaluation of senior judges and court commissioners (AMEND).Defines “submitted” for purposes of the cases under advisement performance standard, and states that senior judges and court commissioners can overcome a presumption against certification if they can show that their failure to comply with education requirements or the Code of Judicial Conduct was beyond their personal control.

CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.

CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.

CJA03-0407. Accounting (AMEND).  Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.

CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.

CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”

CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND).  Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.

Judicial Council Order

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Rules of Criminal Procedure – Effective October 1, 2020

Amends rules on pretrial release practices in response to HB 206.

URCrP004. Prosecution by information. Amend.

URCrP006. Warrant of arrest or summons. Amend.

URCrP007. Initial proceeding for class A misdemeanors and felonies. Amend.

URCrP007A. Procedures for arraignment on class B and C misdemeanors, or infractions. Amend.

URCrP009. Proceedings for persons arrested without a warrant on suspicion of crime. Amend.

URCrP009A. Proceedings for persons arrested pursuant to an arrest warrant. Amend.

URCrP010. Arraignment. Amend.

URCrP027. Stay of sentence pending motions for new trial or appeal from court of record. Amend.

URCrP027A. Stays pending approval from a court not of record – Appeals for a trial de novo. Amend.

URCrP027B. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case. Amend.

URCrP028. Disposition after appeal. Amend.

URCrP038. Appeals from justice court and district court. Amend.

URCrP041. Unsecured bonds. New.

Supreme Court Order

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Rule of Evidence – Effective March 13, 2019

URE0417. Admissibility of Evidence of the Actor’s Expression or Association in Victim Targeting Criminal Penalty Enhancements (NEW). This rule was adopted during the 2019 general legislative session, pursuant to Senate Joint Resolution 8 (S.J.R. 8) “Joint Resolution Amending Rules of Evidence – Victim Selection” and was effective March 13, 2019. It was not posted at that time due to error.

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Rules Governing the Utah State Bar – Effective September 1, 2020

“Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.”

USB14-0701.  Definitions.

USB14-0705. Admission by motion.

USB14-0707. Application; deadlines; withdrawals; postponements and fees.

USB14-0708.  Character and fitness.

USB14-0711.  Grading and passing of the Bar Examination.

USB14-0712. Qualifications for admission based on UBE.

USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.

USB14-0716. License fees; enrollment fees; oath and admission.

USB14-0717. Readmission after resignation or disbarment of Utah attorneys.

USB14-0718. Licensing of Foreign Legal Consultants.

USB14-0719. Qualifications for admission of House Counsel Applicants.

Supreme Court Order

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Rules of Juvenile Procedure – Effective November 1, 2020

URJP005. Definitions. Amended. Makes revisions to definitions of “adult” and “minor” in juvenile delinquency cases to comply with statutory changes in H.B. 384-Juvenile Justice Amendments.

URJP017. The petition. Amended.  Makes revisions pertaining to petitions for expungement, including expungement of nonjudicial adjustments and petition for vacatur.

URJP021. Warrant of arrest or summons in cases under Section 78A-6-702 and Section 78A-6-703. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP022. Initial appearance and preliminary examination in cases under Section 78A-6-702.   Amended.    Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP023. Hearing to waive jurisdiction and certify under Section 78A-6703: bind over to district court.   Repealed.  Rule 23 will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP031.  Initiation of truancy proceedings.  Amended.  Corrects outdated statutory references.

URJP044. Findings and conclusions.  Amended.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP050. Presence at hearings. Amended. Permits and details Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

URJP056. Expungement.  Amended.  Makes revisions to statutory changes contained in H.B. 384 regarding procedures for petitioning for expungement of juvenile court adjudications and nonjudicial adjustments.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2020

URAP003. Appeal as of right–how taken. Amend. The amendments to Rule 3: (1) incorporate the advisory committee note into paragraph (f), (2) update the reference of a clerk transmitting a certified copy in paragraph (g)(1) to the current practice of emailing the notice of appeal, and (3) clarify and cleanup the language.

URAP008. Stay or injunction pending appeal. Amend. The Rule 8 amendments: (1) amend paragraph (a) to parallel the federal Rule 8 except that only in extraordinary circumstances will an appellate court act on certain motions where the movant failed to request a stay or opposed an injunction in the trial court; (2) add requirements for bonds in paragraph (b); and (3) add new paragraph (c), which provides that for requests for relief to which Rules 65A or 62(c) of the Utah Rules of Civil Procedure applied in the trial court, any relief available pending appeal is governed by those rules.

Supreme Court Order

 

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Rules Governing the Utah State Bar, Supreme Court Rules of Professional Practice – Effective September 1, 2020

USB14-0802. Authorization to practice law. Amend. Amendments to Rule 14-802: (1) permit Indian tribes, who have intervened in proceedings pursuant to the Indian Child Welfare Act, to have a designated nonlawyer represent them; (2) clarify that practicing law under Utah Supreme Court Standing Order 15 does not violate this rule; and (3) include other technical and formatting changes.

Supreme Court Order

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