Rules Governing the Utah State Bar – Comment Period Closes November 7, 2022

USB14-0802. Authorization to practice law. Amend. The purpose of the proposed amendments to Rule 14-802 is to give Licensed Paralegal Practitioners (LPPs) the ability to modify the court forms that are relevant to their areas of practice. This would give LPPs some much needed flexibility to complete services for their clients while still working within the scopes of practice established by the Supreme Court. Rule 14-802 was initially drafted with the intention of both defining the scope of practice for LPPs and ensuring the availability, accuracy, and effect of that scope of practice through forms that have been vetted and approved by the Judicial Council’s Standing Committee on Court Forms. While the intent of this rule was to guide LPPs, attorneys, and the public through a new and uncharted program that authorized the limited practice of law by non-attorneys, it resulted in unanticipated results. LPPs’ effectiveness has been artificially limited, with negative results for their clients in the form of reduced cost savings and the inability to tailor pleadings to clients’ individual circumstances.

 

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Rules of Civil Procedure – Comment Period Closes November 7, 2022

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND.  The first proposed change to subparagraph (l)(1) adds motions for Rule 16 pretrial conferences to the list of motions the court may act upon without waiting for a response.  The second proposed change removes portions of the rule and adds subparagraph (q) to the end of the rule to outline page limits and word limits for filings.  This brings the rule in line with the Utah Local Federal rules, the Utah Rules of Appellate Procedure, and the Federal Courts of Appeal which use page and word limits.  Parties may use the page or word limits.

URCP007A. Motions to enforce order and for sanctions. AMEND.  The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court.  The same change was made to Rule 7B.

URCP007B. Motion to enforce order and for sanctions in domestic law matters. AMEND.  The proposed change to subparagraph (h) would clarify any confusion that may arise in reading rule 109 where an injunction is entered by the court in domestic actions and whether a party may file a motion to enforce an injunction entered by the court.  The same change was made to Rule 7A.

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Code of Judicial Administration – Comment Period Closes November 3, 2022

CJA04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. (Amend). Clarifies that requesters denied access to non-public court records associated with a case that they are not authorized to access under rule 4-202.03 must file a motion or petition to access the record.

CJA04-0202.08. Fees for records, information, and services. (Amend). Consistent with H.B. 96 and 63G-2-203(5)(c), the proposed amendments in lines 55-62 would allow the court to charge requesters for the first 15 minutes of personnel time if the person has submitted a separate request within the 10-day period immediately prior to the date of the new request, provided the person is not a Utah media representative.

In line 112, “impecunious” is changed to “indigent” to make it more consistent with Utah Code and other court rules.

In lines 116-118, indigent requesters are allowed one free copy of each record, after which they would be required to pay the standard rates. Exceptions can be made by the State Court Administrator.

CJA01-0204. Executive committees. (Amend). The proposed amendments create court-level core teams and subcommittees of Policy, Planning, and Technology to assist the Committee in accomplishing its new technology responsibilities.

CJA01-0201. Judicial Council Membership – Election. (Amend).

CJA01-0302. Board of Judges Membership – Officers – Secretariat. (Amend).

The proposed amendments clarify that Council members may serve as non-voting members of a trial court board and continue to allow an exception for the appellate courts.

Rule 1-201 has also been amended to reflect the Judicial Council’s membership exception for the Standing Committee on Judicial Fairness and Accountability set forth in rule 1-205(1)(C).

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Code of Judicial Administration – Comment Period Closes October 8, 2022

CJA04-0208. Automated case processing procedures. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments authorize the Administrative Office of the Courts to develop a process for issuing automated orders in deferred traffic prosecution cases, similar to the clean slate expungement process. Removes definitions of terms that are not included in the rule.

CJA03-0108. Judicial assistance. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the presiding officer of the Council to appoint a district court presiding judge as the signing judge for deferred traffic prosecution orders in all district courts within the presiding judge’s district with jurisdiction over eligible cases.

CJA04-0403. Electronic signature and signature stamp use. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the electronic signature of a judge to be automatically affixed to orders related to deferred traffic prosecution cases.

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Code of Judicial Administration – Comment Period Closes October 7, 2022

CJA04-0202.02. Records classification. (AMEND) Currently, the rules are unclear as to what happens to a record previously designated as sealed if it is included in the overall record on appeal. The proposed amendment would allow sealed records to remain sealed even if included in the record on appeal. Records may be unsealed by court order.

Appendix B. Justice Court Standards for Recertification. (AMEND) Code of Judicial Administration Rule 9-108 requires that justice court standards be reviewed and updated every two years. The proposed amendments are intended to streamline the appendix, provide clarity, and incorporate recent statutory amendments.

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Rules of Criminal Procedure – Comment Period Closed September 3, 2022

URCrP012.5. Notice of transfer Domestic Violence case from Justice Court to District Court. (NEW). On July 1, 2022, H.B. 196 went into effect, modifying Section 78A-7-106 of the Utah Code. The statute now includes a provision whereby a domestic violence case set for trial in a justice court may be transferred to a district court after the prosecuting attorney or defendant files a notice of transfer. Rule  12.5 proposes procedure justice courts and district courts should follow to effectuate this transfer.

Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved new Rule 12.5 of the Utah Rules of Criminal Procedure for expedited adoption and a 45-day comment period.

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Code of Judicial Administration – Comment Period Closed September 2, 2022

CJA09-0107. Justice court technology, security, and training account. (AMEND). Following the creation of the Budget and Fiscal Management Committee, the approval process for allocations from the Justice Court Technology, Security and Training Account was modified. The proposed amendments codify a change in practice that was implemented a few years ago.

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Rules of Criminal Procedure – Comment Period Closed August 28, 2022

URCrP008.  Appointment of counsel. (AMEND). The language of this rule has been amended to clarify when the right to counsel applies to defendants charged with a criminal offense. The rule also includes a new subsection to explain the right to self-representation and how a defendant may waive the right to counsel. The colloquy courts should engage with defendants seeking to waive the right is provided in this addition. Finally, the rule clarifies the prerequisite qualifications for attorneys appointed to represent defendants charged in capital cases.

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Rules of Criminal Procedure – Comment Period Closed August 28, 2022

URCrP042. Expungement. (NEW). Pursuant to U.C.J.A. Rule 11-105, the Utah Supreme Court has approved Rule 42 of the Utah Rules of Criminal Procedure for expedited adoption and another round of public comment. This version of the Rule includes technical and substantive corrections to match procedures for automatic expungement provided by Utah Code Ann. 77-40a-201. The Rule further contemplates protocol that the Administrative Office of the Courts will follow to create lists of expungement-eligible cases and identify and remove from those lists cases that do not meet eligibility criteria or are objected to by victims or prosecutors.

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