Category: CJA04-0202.02

Code of Judicial Administration

CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

Continue Reading

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

Continue Reading

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Modifies the membership on the Judicial Outreach Committee.
CJA 03-0114. Judicial outreach. Amend. Modifies the scope of the committee’s responsibilities.
CJA 04-0202.02. Records classification. Amend. Classifies as private financial declaration in domestic relations cases and their supporting attachments and child protective order cases. Classifies as a protected record audit records concerning the security of a court facility.
CJA 04-0403. Signature stamp use. Amend. Permits a clerk to use a judge’s signature stamp for orders dismissing cases under URCP 3 and URCP 4(b), in addition to the existing authority to do so for dismissals under Rule 4-103.
CJA 04-0613. Jail prisoner transportation. Amend. Amends the rule to conform to a new agreement between the courts and counties.
CJA 06-0401. Domestic relations commissioners. Amend. Makes amendments to conform to proposed Rule of Civil Procedure 108.
CJA 06-0601 Mental health commissioners. Amend. Makes amendments to conform to proposed Rule of Civil Procedure 108.

Continue Reading

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Eliminates the Judicial Performance Evaluation Committee. Exempts the Guardian ad Litem Oversight Committee from sunset review.
CJA 02-0106.01. Goals of performance evaluation for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.02. Criteria for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.03. Information for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.04. Self improvement process. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 02-0106.05. Administration of the performance evaluation program for judicial self improvement. Repeal. Self-improvement goals for commissioners and senior judges will be governed by Rule 3-111.
CJA 03-0111. Performance evaluation of senior judges and court commissioners. New. Combines Rules 3-111.01 through 3-111.04 into one rule, describing the evaluation program applicable to senior judges and court commissioners.
CJA 03-0111.01 Goals of performance evaluation for certification for retention election. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.02 Judicial performance evaluation criteria. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.03 Standards of judicial performance. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.04 Evaluation and certification of judges and commissioners. Consolidate into Rule 3-111 and Repeal.
CJA 03-0111.05. Evaluation and certification of senior judges. Repeal.
CJA 03-0111.06. Administration of the judicial performance evaluation and certification program. Repeal.
CJA 03-0201. Court commissioners. Amend. Provides for uniform end of term of December 31.
CJA 03-0306. Court interpreters. Amend. Expand interpreter program to the remaining balance of the court’s casetypes.
CJA 04-0202.02. Records classification. Amend. Classify as private performance evaluation information from senior judges and court commissioners.
CJA 04-0601. Selection of indigent aggravated murder defense fund counsel. New. Establishes the process to be used to select pre-contracted attorneys from the roster maintained by the Indigent Defense Funds Board in aggravated murder cases.
CJA 06-0402. Records in domestic relations cases. New. Defines the records required for motions for temporary relief, alimony, child support, and child custody.

Continue Reading

Code of Judicial Administration

CJA 02-0103. Open and closed meetings. Amend. Clarify that a meeting can be closed to discuss the professional competence of an individual and add discussion of a non-public document as grounds to close a meeting.
CJA 04-0202.02. Records classification. Amend. Classify a record of a Children’s Justice Center investigative interview as a protected record before the conclusion of legal proceedings and as a sealed record after the conclusion of legal proceedings.
CJA 04-0202.06. Response to request to access or classify a court record. Amend. Incorporate amendments to GRAMA by HB 278 and HB 133. Require that, if a records request claims to qualify for an expedited response, the records custodian will, within 5 business days, respond or notify the requester that the request does not qualify. If the request is to access a record of a Children’s Justice Center investigative interview, refer to Section 77-37-4.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Designate Manti as a state court operation rather than by contract with the county.
CJA 04-0702. Electronic citations required. New Require that citations filed after January 1, 2012 be filed electronically.
CJA 07-0308. Expungement procedures. Repeal. All provisions of this rule are contained in URJP 56 or Section 78A-6-1105.

Continue Reading

Code of Judicial Administration

CJA 02-0104. Recording meetings. Amend. Modify provisions about Judicial Council audio record and minutes to conform to amendments to the Open and Public Meetings Act.
CJA 04-0202.02 Record classification. Amend Classifies business address, phone and email of a non-party as a public record. Residential and personal information of a non-party would remain private. Effective May 27, 2009 under Rule 2-205. Subject to change after the comment period.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Delete reference to repealed section of the Utah Code.
CJA 04-0701. Failure to appear. Amend. Conforming to HB 292, eliminates the requirement for a criminal information before issuing a warrant for failure to appear in an infraction.
CJA 04-0906. Guardian ad litem program. Amend. Provides that the Guardian ad Litem Oversight Committee appoints the director.

Continue Reading

Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private. This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.

Continue Reading

Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.
CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.

Continue Reading

Code of Judicial Administration. Rule Regulating Access to Court Records.

Final Report of the Committee on Privacy and Public Court Records.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally.
CJA 04-205. Security of court records. Amend. Technical changes.

Continue Reading

Code of Judicial Administration

CJA 1-205. Standing and ad hoc committees. Establishes the Judicial Outreach Committee. Technical amendments.
CJA 3-111.03. Standards of judicial performance. Establishes 30 hours per year as the minimum standard for certification.
CJA 3-114. Judicial outreach. Identifies the responsibilities of the Judicial Outreach Committee.
CJA 3-201.02. Court Commissioner Conduct Committee. Changes composition of Court Commissioner Conduct Committee.
CJA 3-202. Court Referees. Permits court to hire full or part time referee by contract. Effective December 15, 2003 subject to further amendment after the comment period.
CJA 3-412. Procurement of goods and services. Increases the amount of contracts within the discretion of the TCE from $1000 to $5000.
CJA 4-202.02. Records classification. Changes designation of PSI report from “controlled” to “protected” to conform with statute.
CJA 4-402. Clerical resources. Establishes process for clerical weighted caseload.
CJA 4-701. Failure to appear. Increases bail for failure to appear.
CJA 9-101. Board of Justice Court Judges. Changes justice court representative on the Education Committee.

Continue Reading