Category: -Code of Judicial Administration

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Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees.  AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution.  AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges.  AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities.  AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives.  AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources.  AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement.  AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous.  AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use.  AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners.  Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses.  AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.  AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

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Code of Judicial Administration – Comment Period Closed December 13, 2018

CJA04-0409. Council Approval of Problem Solving Courts.  AMEND – Removes certification criteria from Rule 4-409 and adds those items to the Judicial Council’s problem solving court certification checklist.  Clarifies and provided greater detail regarding the Judicial Council’s problem solving court certification process.  Makes miscellaneous stylistic changes and minor non-substantive revisions.

Adult Drug Court Certification Checklist. AMEND – Adds certification criteria previously located in Rule 4-409.  Reformats and reorganizes existing content for greater clarity and ease of use.  Make minor non-substantive revisions and corrections.  While publication of the certification checklist is not required under CJA 2-203, the Judicial Council is seeking public comment on the certification checklist due to its interdependence with CJA 4-409.  Although the specific version of the checklist published for public comment relates to “Adult Drug Courts,” feedback will be considered more broadly as applying to all types of Utah problem solving courts.  The Judicial Council specifically seeks feedback on the continuing need for the “in rural areas” exception language marked with an asterisk in “Required Criteria” number 13 and 14.

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Code of Judicial Administration – Comment Period Closed August 10, 2018

CJA03-0401. Office of General Counsel.  Amend.  Deletes certain unnecessary and outdated provisions.  Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.

CJA03-0414. Court Security.  Amend.  Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified and requires court access cards to be color-coded.

CJA04-0403. Electronic Signature and Signature Stamp Use.  Amend.  Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.

CJA04-0701. Failure to Appear.  Amend.  Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.

CJA04-0202.03. Records Access.  Amend.  Allows for access to certain records for Licensed Paralegal Practitioners.  Allows access to juvenile court social records by entities or individuals providing services to juveniles.

CJA04-0202.09. Miscellaneous.  Amend.  Adds specific requirements for records access requests for email correspondence.

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Code of Judicial Administration – Comment Period Closed May 11, 2018

CJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges, associate presiding judges, and education directors for justice courts. This rule is effective April 1, 2018 pursuant to UCJA Rule 2-205 and this is the second request for comment.

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

CJA03-0111  Performance evaluation of senior judges and court commissioners.  Amend.  1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires. This is the second request for comment due to the addition of the fourth category of amendments.  

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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.

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Rules Governing the State Bar – Comment Period Closed March 17, 2018

USB14-0101  Amend.  Article 1.  Integration and Management.

USB14-0102  Amend.  Rule 14-102.  Regulation of the practice of law.

USB14-0103  Amend.  Rule 14-103.  Organization and management of the Bar.

USB14-0104  Amend.  Rule 14-104.  Admission to practice law; qualifications, enrollment, oath, and fees.

USB14-0105  Amend.  Rule 14-105.  Conduct of licensed lawyers and judicial officers; complaints, investigations, and discipline.

USB14-0107  Amend.  Rule 14-107.  Annual license, fees; disbursements of funds.

USB14-0108  Amend.  Rule 14-108.  Issuance of license; form.

USB14-0110  Amend.  Rule 14-110.  Active and inactive members of the Bar.

USB14-0111  Amend.  Rule 14-111.  Practicing without a license prohibited.

USB14-0112  Amend.  Rule 14-112.  Duties of attorneys and counselors at law.

USB14-0201  Amend.  Bylaws.

USB14-0203  Amend.  Rule 14-203.  License categories.

USB14-0210  Amend. Rule 14-210.  General.

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