Author: Utah Courts

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Code of Judicial Administration – Comment Period Extended to December 1, 2020

CJA03-0101. Judicial Performance Standards (AMEND).

The proposed amendments to Rules 3-101 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.

The comment period’s expiration is extended from September 8, 2020 to December 1, 2020. The previous notice of comment period is found here.

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Rules Governing the State Bar – Comment Period Closes October 17, 2020

Proposed changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-1101. Definitions.

USB14-1102. Purpose and composition of the committee.

USB14-1105. Selection of the arbitration panel; additional claims.

USB14-1107. Award; form; service of award; judicial confirmation of award.

USB14-1108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.

USB14-1114. Matters entitled to mediation.

 

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Rules Governing the State Bar – Comment Period Closed September 26, 2020

USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half.  Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.

USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.

USB14-0705. Admission by Motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.

 

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Code of Judicial Administration – Comment Period Closed September 24, 2020

CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.

CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.

CJA03-0407. Accounting (AMEND). Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.

CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.

CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”

CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.

 

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Supreme Court Rules of Professional Practice, Office of Professional Conduct – Comment Period Closed September 11, 2020

The proposed amendments reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).

Proposed Amendments to the Supreme Court Rules of Professional Practice related to the Discipline, Disability, and Sanctions Rules

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Rules of Criminal Procedure – Comment Period Closed September 5, 2020

URCrP016. Discovery. Amend. Distinguishes between mandatory disclosures, disclosures upon request, and trial disclosures. Creates a timing requirements for each. Clarifies attorney work product protection. Amends relief and sanctions for failure to disclose. Reorganizes identification evidence section.

Due to the extensive nature of the proposed amendments, both the redline text and a final version of Rule 16 are provided.

URCrP016 redline text

URCrP016 final version

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Rules of Juvenile Procedure and Rules Governing the Utah State Bar – Comment Period Closed 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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