Author: Utah Courts

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Rules of Juvenile Procedure and Rules Governing the Utah State Bar – Comment Period Closes August 13, 2020

URJP050. Presence at hearings. Amended. Proposed changes permit and detail Indian tribes’ right to participate in court proceedings pursuant to the Indian Child Welfare Act.

USB14-0802. Authorization to practice law. Amend. Proposed changes permit Indian tribes, who have intervened in proceedings pursuant to the Indian Child Welfare Act, to have a designated nonlawyer represent them. Other technical and formatting changes are also included.  

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Code of Judicial Administration – Comment Period Closes August 8, 2020

CJA01-0201. Membership – Election. AMEND – Makes changes to general provisions regarding election of Judicial Council members to implement in rule SB0167 from the 2020 general session.

CJA06-0102. Election of District Court judges to the Judicial Council. AMEND – Makes changes to provisions regarding election of District Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

CJA07-0101. Juvenile Court Board, Executive Committee and Council Representatives.
AMEND – Makes changes to provisions regarding election of Juvenile Court members of the Judicial Council to implement in rule SB0167 from the 2020 general session.

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Rules of Appellate Procedure – Comment Period Closes August 2, 2020

URAP003. Appeal as of right: how taken. Amend. The proposed 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 proposed 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.

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Rules of Professional Conduct and Rules Governing the Utah State Bar – Comment Period Closes August 1, 2020

Rules of Professional Conduct

Public Service

RPC06.05. Short-term Limited Legal Services. AMEND. Broadens the term “short-term legal services” to include one-time consultations and representations through government- and law school-sponsored programs. Further provides that other lawyers in a firm are not disqualified from representing clients whose interests are adverse to a client who received short-term limited legal services from a lawyer in the firm if (1) the lawyer who provided the services is timely screened from the adverse clients’ matters, and (2) receives no fees from those matters.

Maintaining the Integrity of the Profession

RPC08.04. Misconduct. AMEND. Provides that it is professional misconduct for a lawyer to engage in conduct that is an unlawful, discriminatory, or retaliatory employment practice under Title VII of the Civil Rights Act of 1964 or the Utah Antidiscrimination Act. “Employer” means any person or entity that employs one or more persons. The amendments also provide that it is professional misconduct for a lawyer to egregiously violate, or engage in a pattern of repeated violations, of the Standards of Professionalism and Civility if such violations harm the lawyer’s client or another lawyer’s client or are prejudicial to the administration of justice.

Rules Governing the Utah State Bar

Standards of Professionalism and Civility

USB14-0301. Standards of Professionalism and Civility. AMEND. Rule 8.4(h) makes the provisions of this rule mandatory for all lawyers. Amendments further provide that lawyers shall avoid hostile, demeaning, humiliating, or discriminatory conduct in law-related activities. Law-related activities include, but are not limited to, settlement negotiations; depositions; mediations; court appearances; CLE’s; events sponsored by the Bar, Bar sections, or Bar associations; and firm parties. Discriminatory conduct includes all discrimination against protected classes as those classes are enumerated in the Utah Antidiscrimination Act of 1965, Utah Code section 34A-5-106(1)(a), and federal statutes, as amended from time to time.

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Rules of Juvenile Procedure – Comment Period Closes July 25, 2020

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.  AMENDED.  Reflects statutory changes made by  H.B. 384-Juvenile Justice Amendments.

URJP023A. Hearing on conditions of Section 78A-6-702; bind over to district court. REPEALED.  Rule 23A will be repealed because the underlying statute was repealed by H.B. 384-Juvenile Justice Amendments.

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

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Code of Judicial Administration – Comment Period Closes July 25, 2020

CJA01-0205. Standing and ad hoc committees (AMEND)
Amends the title of the Uniform Fine and Bail Schedule Committee to the “Uniform Fine Committee.”

CJA04-0302. Uniform recommended fine/bail schedule (AMEND)

Amends the title of the rule to the “Recommended Uniform Fine Schedule,” deletes “bail” and/or replaces “bail” with “fine,” deletes “and a youth offender schedule” because the Uniform Fine Schedule no longer includes fines regarding youth, minors, or juvenile court, and in regard to presentence investigation reports, deletes “prepared by the Department of  Corrections” and the “Juvenile Court Probation Department” because that is not always the case.
CJA04-0701. Failure to appear (AMEND)
Replaces “forfeit bail” with “remit a fine” and replaces “bail” with “fine.”

CJA04-0704.  Authority of court clerks (AMEND)

Replaces “bail” with “fine,” replaces “forfeit bail” with “remit a fine,” and changes the name of the schedule to the “Uniform Fine Schedule.”
CJA06-0301. Authority of court commissioner as magistrate (AMEND)
Amends “bail” to “fines.”
Appendix B. Justice Court Standards (AMEND)
Amends “bail schedule” to “fine schedule.”
Appendix F. Utah State Courts Records Retention Schedule (AMEND)
Changes the name of the schedule to the “Uniform Fine Schedule.”
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Code of Judicial Administration – Comment Period Closes July 25, 2020

CJA03-0101. Judicial Performance Standards (AMEND)

CJA03-0104. Presiding Judges (AMEND)

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners (AMEND)
The proposed amendments to Rules 3-101, 3-104, and 3-111 establish a definition for “submitted” for purposes of the case under advisement performance standard. The updates also provide discretion to the Council to excuse full compliance with the performance standards regarding cases under advisement and education hours for circumstances beyond the judge’s control, pursuant to Utah Code section 78A-2-223.

CJA06-0506. Procedure for Contested Matters Filed in the Probate Court (AMEND)
Change “may” to “will” in regard to scheduling a pre-mediation conference.

CJA03-0403. Judicial Branch Education (AMEND)

CJA09-0101. Board of Justice Court Judges (AMEND)

CJA09-0109. Presiding Judges (AMEND)
Proposed changes to Rules 9-101 and 9-109 provide an alternative to conducting elections for leadership positions in the justice courts when the justice court conference is canceled. The proposed change to 3-403 authorizes the Board of Justice Court Judges to excuse judges from that conference.

CJA04-0106. Electronic Conferencing (REPEAL)
Because remote hearing provisions exist in the rules of procedure, the proposal is to repeal CJA 4-106.

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Rules of Juvenile Procedure – Comment Period Closes July 12, 2020

URJP052. Appeal. Amended. The rule increases from 20 days to 21 days the time in which a party may petition for permission to appeal from an interlocutory order after the entry of the order of the juvenile court. This mirrors the 21 day standard contained in Rule 5(a) of the Utah Rules of Appellate Procedure.

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