Category: CJA04-0202.02

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.

 

Continue Reading

Code of Judicial Administration – Comment Period Closed November 12, 2018

CJA01-0205. Standing and Ad Hoc Committees. 

AMEND.  Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND.  Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
AMEND.  Stylistic formatting (numbering) changes to committee composition section of the rule.

CJA04-0202.02. Records Classification.  

AMEND.  Classifies abstracts of juvenile court judgments filed in district court as “private” court records.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.  

AMEND.  Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).

CJA Appendix I. Summary of Classification of Court Records.

AMEND.  Change classification of “Criminal Invesigations” case type from “Protected” to “Public unless otherwise ordered” for better consistency with requirements of Utah Code.

Continue Reading

Code of Judicial Administration – Comment Period Closed March 17, 2018

CJA03-0407  Amend.  Accounting.  Amends the membership of the Accounting Manual Review Committee to reflect current practice.

CJA04-0202.02  Amend.  Records Classification.  Allows a minor’s full name to be listed on any type of protective order, rather than initials only on adult protective orders and a full name on child protective orders.  Classifies affidavits of indigency as private record.

CJA04–0202.07  Amend.  Appeals.  Clarifies that a person may appeal a response that a record does not exist or is not maintained by the court and amends the timing for filing and responding to an appeal.

CJA04-0202.09  Amend. Miscellaneous.  Strikes language requiring filers to certify that all non-public information has been omitted or redacted from public records.

CJA04-0510.03  Amend.  Qualification of ADR Providers.  Updates the language of the rule to reflect the broadened scope of the new ADR ethics exam

CJA07-0303  Repeal.  Repeals the rule in its entirety due to changes in HB 239.

Continue Reading

Code of Judicial Administration – Comment Period Closed February 17, 2017

CJA01-205. Standing and ad hoc committees. Amend. Creates a new Judicial Council Standing Committee on Forms; provides committee composition. Expedited under Rule 2-205.

CJA02-212. Communication with the Office of Legislative Research and General Counsel. Amend. Limits and changes the timing of the notice requirement to the Office of Legislative Research and General Counsel of the Court’s draft rules.

CJA03-117. Committee on Court Forms. New. Establishes the charge for the new Judicial Council Standing Committee on Forms. Expedited under Rule 2-205.

CJA04-103. Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42 and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”

CJA04-202.02. Records Classification. Amend. Makes dismissals in criminal cases private except in limited circumstances.

Continue Reading
Continue Reading

Code of Judicial Administration – Comment Period Closed April 23, 2016

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

Continue Reading

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile court mediation disposition notices as juvenile court social records. Exempts information required by Utah Code section 78A-6-304(4) from being classified as safeguarded.

Continue Reading

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Classifies appellate filings, including briefs, as public. Classifies records maintained and prepared by juvenile probation, except for those filed with the court, as protected.
CJA 04-0202.03. Records access. Amend. Provides that a person given access to a record in order for juvenile probation to fulfill a probation responsibility may access a safeguarded record.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Provides that a party with an interest in a case may move or petition a court with jurisdiction or a court that no longer has jurisdiction to reclassify a record or to have information redacted from the record. Adds all possible classifications. Provides that the relevant rules of procedure apply to such motions or petitions. Gives the appellate clerk responsibility for protecting sealed briefs and removing information ordered to be redacted. Provides that a court order is only binding on the court, the parties to the petition, and the state law library, unless otherwise ordered.
CJA 04-0202.09. Miscellaneous. Amend. Provides that a party may move, or a non-party interested in a record may petition, to classify a record as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social, or to redact non-public information from a public record.
CJA 04-0205. Security of court records. Amend. Provides that an appellate clerk is responsible for expunging records upon an order of expungment, but that a brief will be public unless it is otherwise classified through an order on a motion or petition.
CJA 04-0901. Mandatory electronic filing in juvenile court. New. Requires that pleadings and other papers filed in existing juvenile court cases on or after December 1, 2015 shall be filed electronically in C.A.R.E. Requires that pleadings and other papers filed to initiate juvenile court cases on or after August 1, 2016 shall be filed electronically in C.A.R.E.

Continue Reading

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Provides that adoption records become public on the one hundredth anniversary of the date of the final decree as required by statute. Makes notices from the U.S. Bankruptcy Court private.
CJA 04-0905. Restraint of minors in juvenile court. New. Provides for the proper restraint of minors in juvenile court proceedings. Provides that ex parte communications related to restraint are not prohibited, but that the judge or commissioner shall notify all parties of the communication as soon as possible and give them an opportunity to respond.

Continue Reading

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Justice Court Standards Committee. Provides that the Judicial Council’s Management Committee shall review standing and ad hoc committees every six years and make a recommendation to the Judicial Council as to whether the committee should continue. Allows the committees to meet as needed.
CJA 03-0109. Ethics Advisory Committee. Amend. Gives the committee 60 days to issue an opinion. Allows the committee chair to extend the time for deliberations on an opinion when necessary. Allows the boards of judges to request reconsideration of an opinion.
CJA 03-0112. Justice Court Standards Committee. Repeal. Eliminates the Justice Court Standards Committee in conjunction with the responsibility for justice court standards being moved to the Board of Justice Court Judges.
CJA 03-0418. Model Utah Jury Instructions. New. Provides direction on developing jury instructions to the committees on the Model Utah Jury Instructions.
CJA 04-0202.02. Records classification. Amend. Classifies affidavits supporting motions to waive fees as private records.
CJA 06-0501. Reporting requirements for guardians and conservators. Amend. Requires a guardian or conservator to file a verified Private Information Record with the AOC within 7 days of appointment.
CJA 09-0101. Board of Justice Court Judges. Amend. Gives the Board of Justice Court Judges responsibility for overseeing justice court standards.
CJA 09-0108. New. Outlines the justice court standards as previously provided in rule 3-112.

Continue Reading