Author: Utah Courts

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.

Continue Reading
Continue Reading

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).

 

Continue Reading

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).

Continue Reading
Continue Reading

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.

Continue Reading
Continue Reading

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.
Continue Reading

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.

Continue Reading

Rules of Civil Procedure – Comment Period Closed August 5, 2021

URCP005. Service and filing of pleadings and other papers. Amend. The proposed amendments provide that no certificate of service is required when a paper is served by filing it with the court’s electronic-filing system under paragraph (b)(3)(A).

URCP024. Intervention. Amend. Under the Indian Child Welfare Act (ICWA), an Indian Tribe is permitted to intervene in a child custody proceeding involving an Indian child. These cases arise in both district and juvenile court. Amendments to Rule 24, which track those already adopted in Juvenile Rule 50, will allow a uniform approach to ICWA to be adopted in both juvenile and district court.

Rule 62. Stay of proceedings to enforce a judgment or order. Amend. Among other amendments intended to streamline and improve Rule 62’s efficacy, the proposed amendments extend the time for the automatic stay from 14 days to 28 days and provide that a party may obtain a stay of the enforcement of a judgment or order to pay money by providing a bond or other security.

URCP062. Redline

URCP062. Clean

Continue Reading