Code of Judicial Administration – Comment Period Closes November 12, 2021

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)

The proposed amendments remove the requirement to follow Robert’s Rules, bringing the boards and Judicial Council in line with current practice. This appears to be a self-imposed requirement that isn’t followed and isn’t required under the Open and Public Meetings Act. Policy and Planning believes the use of general principles for conducting meetings in an orderly and professional manner should be sufficient.

CJA03-0303.  Justice court clerks. (AMEND)

In conjunction with the Judicial Institute, the Board of Justice Court Judges recommends adding an annual certification requirement for justice court clerks.

CJA03-0117.  Committee on Court Forms. (AMEND)

CJA03-0401.  Office of General Counsel. (AMEND)

The proposed amendments make the rules consistent with CJA 1-205(3)(D) (“the Administrative Office shall serve as secretariat to the Council’s committees”) and CJA 1-204(8) (“the Administrative Office shall serve as the secretariat to the executive committees”), providing the State Court Administrator with the flexibility to assign AOC resources where appropriate.

CJA03-0411.  Grant management. (AMEND).

At the Judicial Council’s direction, rule 3-411 outlines significant changes to the courts’ grant management program.

CJA04-0202.02.  Records classification. (AMEND)

A working group is preparing a new form on petitions to determine competency. The form will have two parts (1) the petition without confidential information and (2) a statement in support that includes confidential information. The proposed amendment in line 189 would ensure the statements in support are classified as private. Parties, the subject of the record, attorneys, and anyone with a court order (among others) may access private records (CJA 4-202.03(3)).

*The proposed amendment in line 169 went out for public comment in July. It is included here for tracking purposes only.

CJA04-0208.  Automatic expungement of cases. (NEW)

New rule 4-208 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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Rules Governing the Utah State Bar – Comment Period Closes November 11, 2021

USB14-0209. Utah Bar Foundation. Proposal to repeal. 

Background 

The Utah Bar Foundation (UBF) was created in 1963 as a 501(c)(3) organization. Its original purpose was to raise funds from members of the legal community in order to support civil legal aid for lower income Utahns, to fund law-related education, to further the administration of justice, and to support other worthwhile law-related causes. 

Section 2.1 of UBF’s 1963 founding Bylaws states the following: “Section 2.1 Classification, Qualification, Privileges and Election of Members. The corporation shall have one class of members consisting of all duly qualified, active members of the Utah State Bar who are in good standing. Each member shall have one (1) vote at any meeting of the members.” At some point many years ago, language in substantially the same form was codified in Rule 14-209. 

UBF stopped raising private funds from the legal community in 1999 when nonprofit “and Justice for all” was created. “and Justice for all” now serves as the primary fundraising organization in the legal community.  

Because UBF has evolved to receive financial support from a wide variety of sources and not solely from private legal community funds, the UBF Board is proposing to amend its Bylaws so that it no longer has defined membership. This would allow active, inactive, and non-attorneys to serve on the Utah Bar Foundation Board of Directors, as well as members of the general public. It will also render moot the language of Rule 14-209. 

The vote to amend the Bylaws will take place at a meeting of the currently defined membership which is defined as “all duly qualified, active members of the Utah State Bar who are in good standing.” Notice for that meeting will be provided in the Utah Bar Journal and given via email to all qualified UBF members as their email address appears on the records of the Utah State Bar. Additional details on the date, time, and location of the meeting, as well as a full copy of the proposed Restated Articles of Incorporation and Bylaws for the Utah Bar Foundation, can be found on the Foundation’s website at https://www.utahbarfoundation.org. 

Please contact the Foundation offices for any questions or additional information at 801-297-7046 or via email at kim@utahbarfoundation.org 

While the Foundation will continue to provide regular updates to Utah attorneys about their activities, this amendment to the Bylaws will allow the Foundation to be more inclusive of all stakeholders that share its common vision and mission of supporting civil legal aid and law-related education efforts.

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Rules of Juvenile Procedure – Comment Period Closes October 7, 2021

URJP044. Findings and Conclusions. Amend. Clarifies which case proceedings the court shall enter findings of fact and conclusions of law as well as updates the outdated term “permanent deprivation” to “termination of parental rights.” Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021).

 

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Rules of Professional Practice – Comment Period Closes October 7, 2021

CJA11-0401.  Standing Committee on Appellate Representation and the Appellate Roster. Amend.

The following is a brief summary of the rule amendments (line numbers refer to the redline version and note where the subject amendments begin). Amendments to Rule 11-401:

·       Address the creation of the Indigent Appellate Defense Division (line 12);

·       Simplify committee composition (line 33);

·       Clarify that at least one appellate brief submitted for application purposes must be in the relevant subject matter area (line 107);

·       Add a CLE requirement (line 146);

·       Add requirements for entity exempt status and clarify when an attorney falls under that exemption (line 161); and

·       Increase term limits from three to five years (lines 135 and 145).

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Code of Judicial Administration – Comment Period Closed September 17, 2021

CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.

CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.

CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.

CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.

CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.

CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.

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Rules of Appellate Procedure – Comment Period Closed September 10, 2021

URAP023. Motions. Amend. The proposed amendments remove all language regarding form requirements in 23(f) and incorporate that language into Rule 27.

URAP027. Form of briefs. Amend. The proposed amendments: (1) combine form requirements for briefs, motions, and other documents into one rule; (2) incorporate language regarding form requirements from Rule 23(f); and (3) clean up other language for clarity and consistency.

URAP030. Decision of the court: dismissal; notice of decision. Amend. The proposed amendments clarify what constitutes the entry of a decision in 30(d) and (e).
URAP031. Expedited appeals decided after oral argument without written opinion. Amend. The proposed amendments: (1) include language in 31(b)(1) allowing the Court to consider expedited decision upon stipulation of the parties; (2) remove the language in 31(d) regarding appeals ineligible for expedited decision; and (3) clean up other language for clarity and consistency.
URAP054. Transcript of proceedings. Amend. The proposed amendments update instructions for ordering transcripts in 54(a).
URAP055. Petition on appeal. Amend. The proposed amendments: (1) change the deadline in 55(a) for filing the petition on appeal to 15 days from the transmission of the record, rather than from filing the notice of appeal; (2) modify 55(b) to allow appointed appellate counsel to file the petition on appeal; and (3) include a requirement that appellate counsel be appointed within 21 days of the notice of appeal.
URAP056. Response to petition on appeal. Amend. The proposed amendments: (1) replace the page requirement with a word requirement in 56(b); and (2) comport the rule with Standing Order No. 11.
URAP057. Record on appeal; transmission of record. Amend. The proposed amendments update language regarding record transmission in 57(b).
URAP058. Ruling. Amend. The proposed amendments remove the language in 58(b) regarding the remand to juvenile court to appoint appellate counsel.
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Rules of Juvenile Procedure – Comment Period Closed August 12, 2021

URJP005. Definitions. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updates the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, adds a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarifies that “custody” is “temporary custody.”

URJP011. Time limits on detention orders. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and adds language to address when diversion in lieu of detention agreements can terminate.

URJP030. Citations; applicable offenses and procedures; bail. Amend.  Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Clarifies a minor’s right to bail when the minor has been cited or is in a detention facility as well as that “court” refers to “juvenile court.”

URJP050. Presence at hearings. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modifies the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amend. Updates statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and qualifies that the time frame in subsection (d) is business days.

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