Posted: January 20, 2021
Rules of Criminal Procedure – Comment Period Closes March 6, 2021
URCrP016. This proposal incorporates changes suggested by the public comments to require disclosure of police officer’s notes only if they have not been incorporated into a police report, allowing defendants to waive the mandatory disclosures, and clarifying the notice procedure when a prosecutor decides a required disclosure is either not lawful or would endanger any person or an ongoing investigation.
Posted: December 28, 2020
Rules of Civil Procedure – Comment period closes February 11, 2021
URCP005. Service and filing of pleadings and other papers. AMEND. The proposed amendments to Rule 5(b)(3) would make email service the default method.
URCP006. Time. AMEND. The proposed amendments to Rule 6(c) acknowledge the timing issues surrounding mail service by expanding the amount of time to act from 3 days to 7.
URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The proposed amendments to Rule 7 would provide that motion hearings may be held remotely, consistent with the safeguards in Rule 43(b).
URCP037. Statement of discovery issues; Sanctions; Failure to admit, to attend deposition or to preserve evidence. AMEND. The proposed amendments to Rule 37 would provide that hearings on discovery issues be conducted remotely, consistent with the Rule 43(b) safeguards.
URCP043. Evidence. AMEND. Replaces repealed Code of Judicial Administration Rule 4-106. The proposed amendments would provide appropriate safeguards for the use of remote hearings and bring evidentiary hearings into the rule’s purview. The amendments would also adopt an oath to be used for all witness testimony.
URCP045. Subpoena. AMEND. The proposed amendments to Rule 45 would provide that if an appearance is required in response to a subpoena, the subpoena must provide notice of the date, time, and place for the appearance and, if remote transmission is requested, instructions for participation and who to contact if there are technical difficulties.
URCP076. Notice of contact information change. AMEND. The proposed amendments to Rule 76 would coordinate with the Rule 5 amendments by clarifying the purposes for which updated contact information is provided to the court.
Posted: December 21, 2020
Code of Judicial Administration – Comment Period Closes February 4, 2021
CJA03-0101. Judicial Performance Standards (AMEND)
Establishes a definition for “submitted” for purposes of the case under advisement performance standard, and 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. All material relied upon by the Judicial Council in making a certification decision or explanation shall be forwarded to JPEC and shall be made public to the extent that the information is not confidential personal health information.
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.
Posted: December 3, 2020
Rules of Professional Conduct – Comment Period Closed January 17, 2021
RPC01.00. Terminology.
RPC01.01. Competence.
RPC01.02. Scope of representation and allocation of authority between client and lawyer.
RPC01.05. Fees.
RPC04.02. Communication with persons represented by legal professionals.
RPC06.01. Voluntary pro bono legal service.
Posted: November 25, 2020
Code of Judicial Administration – Comment Period Closed January 9, 2021
CJA Appendix J. Ability-to-Pay Matrix (AMEND). In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix. The Ability-to-Pay Matrix provides recommended monetary bail amounts using the poverty guidelines and an individual’s risk of failing to appear in court. Setting monetary bail is a highly fact dependent decision. The recommended amounts do not reflect the maximum amount a judge may order. Judges should ordinarily impose monetary bail based on a person’s ability-to-pay. However, judges continue to have the same discretion to deviate from the recommended amounts as they had under the Uniform Fine and Bail Schedule, provided judges conduct an individualized assessment of ability-to-pay and risk.
Posted: November 2, 2020
Rules Governing the Utah State Bar – Comment Period Closes December 17, 2020
The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys. For more information, please see the attached letter from David Hirschi, Chair MCLE Board.
Posted: November 2, 2020
Rules of Appellate Procedure – Comment Period Closes December 17, 2020
URAP034. Costs. Amend. The proposed amendments to Rule 34: (1) provide a flat $3.00 per page for costs in 34(c)(1); (2) change dates throughout the rule to increments of seven; (3) comport the rule with Standing Order 11 (Regarding filing documents by email); (4) replace the term “taxed” to “awarded” throughout the rule; and (5) clean up other language for clarity and consistency.
Posted: October 26, 2020
Code of Judicial Administration – Comment Period Closed December 10, 2020
CJA04-0202.02. Records Classification (AMEND). Clarifies that all records related to determinations of indigency are private records.
CJA04-0403. Electronic signature and signature stamp use (AMEND). Authorizes judges’ electronic signatures to be automatically affixed to automatic expungement orders.
Posted: October 7, 2020
Code of Judicial Administration – Comment Period Closed November 21, 2020
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.
Posted: October 6, 2020
Code of Judicial Administration – Comment Period Closed November 20, 2020
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.