Author: Utah Courts

Code of Judicial Administration – Comment Period Closed 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 Closed 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 Closed 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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Rules of Juvenile Procedure – Comment Period Closed July 12, 2020

URJP005. Definitions. Amended. Makes revisions to definitions of “adult” and “minor” in juvenile delinquency cases to comply with statutory changes in H.B. 384.

URJP017. The petition. Amended.  Makes revisions pertaining to petitions for expungement, including expungement of nonjudicial adjustments and petition for vacatur.

URJP031. Initiation of truancy proceedings.  Amended.  Corrects outdated statutory references.

URJP056. Expungement.  Amended.  Makes revisions to statutory changes contained in H.B. 384 regarding procedures for petitioning for expungement of juvenile court adjudications and nonjudicial adjustments.

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Rules Governing the Utah State Bar – Comment Period Closed July 2, 2020

Reason for changes

Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0707. Application: deadline; withdrawals; postponements and fees.

USB14-0708. Character and fitness.

USB14-0711. Grading and passing of the Bar Examination.

USB14-0712. Qualifications for admission based on UBE.

USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.

USB14-0716. License fees; enrollment fees; oath and admission.

USB14-0717. Readmission after resignation or disbarment of Utah attorneys.

USB14-0718. Licensing of Foreign Legal Consultants.

USB14-0719. Qualifications for admission of House Counsel Applicants.

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Rules of Appellate Procedure – Comment Period Closed June 27, 2020

URAP029. Oral arguments. Amend. The proposed amendments to URAP Rule 29 explain that the appellate courts may hold oral argument by alternative means, including phone and videoconference.

URAP048. Time for petitioning. Amend. First, the proposed amendments to URAP Rule 48(c) clarify that the new proposed paragraph (b) of Rule 35 does not affect the time for filing a petition for a writ of certiorari, unless the Court of Appeals treats the request as a petition for rehearing under Rule 35(a). Second, the proposed amendments to Rule 48(e) are meant to conform to current Supreme Court practices in reviewing requests for time extensions. Third, the proposed amendments remove paragraph (f) to conform with Standing Order 11. Fourth, there are generally clean-up amendments proposed throughout the rule.

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Code of Judicial Administration – Comment Period Closed June 15, 2020

CJA03-0402. Human Resources Administration (AMEND). Clarifies language, provides consistency with relevant state statutes and current practices, and aligns with the Judicial Council direction.

CJA04-0202.08. Fees for records, information, and services (AMEND). Amendments account for the use of thumb drives and other current technology, and increase the charge for storage devices from $10.00 to $15.00.

CJA04-0411. Courthouse Attire (NEW). To ensure that Utah’s courts are open in accordance with Article 1, Section 11 of the Utah Constitution while balancing the need for decorum in court proceedings and safety of all persons having business in Utah’s courthouses.

 

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Rules of Juvenile Procedure – Comment Period Closed – May 29, 2020

URJP009. Detention hearings; scheduling; hearing procedures.  Amended. Makes revisions to comply with statutory changes to 78A-6-112 and 78A-6-113 and brings rule in compliance with H.B. 384-Juvenile Justice Amendments (2020) and prior juvenile justice reforms.  The revisions place restrictions on the amount of time and the conditions under which the minor may be held in detention.  Requires a court determination of grounds for admission within 24 hours including weekends and holidays. Revises standard from reasonable basis to probable cause.   Deletes the Advisory Committee Note.

URJP032.  Initiation of ungovernability and runaway cases.  Amended. Revised to reflect that petitions related to children who are ungovernable or are runaways may only be filed by the Division of Juvenile Justice Services pursuant to statutory changes contained in S.B.65-Child Welfare Amendments (2020).

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Rules of Appellate Procedure – Comment Period Closed May 28, 2020

URAP035. Petition for rehearing. Amend. The proposed amendments to Rule 35: (1) provide a mechanism for filing a letter for nonsubstantive/clerical errors, (2) incorporate Standing Order 11 (regarding filing documents by email), and (3) include general cleanup for clarity and consistency.

URAP036. Issuance of remittitur. Amend. The proposed amendments to Rule 36 incorporate Standing Order 11 (regarding filing documents by email) and include general cleanup for clarity and consistency.

 

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