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.
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.
RPC01.02. Scope of representation and allocation of authority between client and lawyer.
RPC04.02. Communication with persons represented by legal professionals.
RPC06.01. Voluntary pro bono legal service.
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 In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix.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.
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.
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.
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.
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.
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.
The amendments and new rule are related to pretrial release practices in response to HB 206.
URCrP004. Amend. Prosecution by information.
URCrP006. Amend. Warrant of arrest or summons.
URCrP007. Amend. Initial proceeding for class A misdemeanors and felonies.
URCrP007A. Amend. Procedures for arraignment on class B and C misdemeanors, or infractions.
URCrP009. Amend. Proceedings for persons arrested without a warrant on suspicion of crime.
URCrP009A. Amend. Proceedings for persons arrested pursuant to an arrest warrant.
URCrP010. Amend. Arraignment.
URCrP027. Amend. Stay of sentence pending motions for new trial or appeal from court of record.
URCrP027A. Amend. Stays pending approval from a court not of record – Appeals for a trial de novo.
URCrP027B. Amend. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case.
URCrP028. Amend. Disposition after appeal.
URCrP038. Amend. Appeals from justice court and district court.
URCrP041. New. Unsecured bonds.