RPC 08.04 Misconduct. Amend. Adds new ABA Model Rule paragraph (g), which provides that it is professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.
Rules 19, 19A, 19B and 19C are designed to provide greater clarity and specificity regarding juvenile court practice pertaining to responsive pleadings, motions, orders, expedited hearings and motion practice in delinquency proceedings.
URCP005. Service and filing of pleadings and other papers. Amend. Provides that certificates of service are not required for papers that are prepared and served by the court. Also provides that the court submitting a paper to the electronic filing service provider is a valid method of service if the person being served has an electronic filing account.
CJA 11-0103. Amend. The amendments will require the Supreme Court’s rules advisory committees to submit rules to the Supreme Court before they are published for public comment.
CJA 11-0201. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
CJA 11-0203. Amend. The first set of amendments helps to distinguish between active senior judges and inactive senior judges. The second set of amendments creates a process for the Supreme Court to review senior judge applications and for the applicant to submit information directly to the Supreme Court.
RPC 01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”
RPC 03.03 Candor toward the Tribunal. Amend. In response to In re Larsen, 2016 UT 26, adds a prohibition against a lawyer “recklessly” making false statements to a tribunal and repeals and reenacts Comment .
CJA 4-0202.09 . Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.
URJP018 Adds language regarding the ability to serve a pleading by email on an attorney who has an email account on file with the Utah State Bar. Clarifies that eFiling in the Juvenile Court’s Court and Agency Records Exchange (C.A.R.E.) does not constitute service upon a party and that an agreement to accept email service is not required to effectuate the provisions of Rule 18.
URJP037 Adds reference to the statutory provisions in Section 78A-6-1111 pertaining to limitations on the appointment of counsel for indigent parties.
CJA 11-0103 Amend. This amendment would require the advisory committees to present first to the Supreme Court any proposed rule amendment for public comment and would shorten or dispense with the public comment period in certain exigent circumstances.
CJA 09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, UTAH CODE § 53-10-208.1.
USB 14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.
USB 14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.
USB 14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.
USB 14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.