Rule 4-411. Courthouse attire.

 

Intent:

To ensure that Utahís 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 Utahís courthouses.

 

Applicability:

This rule applies to all Utah justice courts, district courts, juvenile courts, and appellate courts.

 

Statement of the Rule:

(1) Open courts, personal attire, and judicial officer decision-making.

(1)(a) Except as provided in paragraphs (2), (3), and (4), no person having business in any court shall be denied access to a courtroom or courthouse based solely on the personís attire.

(1)(b) All courtroom access decisions based on a personís attire shall be made in accordance with this rule by a judicial officer on a case-by-case basis. ďJudicial officerĒ is defined as a judge or court commissioner.

(1)(c) With respect to courtroom access decisions based on a personís attire, the role of a court bailiff, court security, or court staffis limited to answering questions and enforcing a judicial order.

 

(2) Courthouse security.

(2)(a) Court security personnel may deny access to a courthouse, if a personís attire raises a legitimate safety or security threat.

(2)(b)Court security personnel may deny access to a courtroom based on a personís attire to enforce a judicial order.

 

(3) Integrity of court proceedings.

(3)(a) A person may be denied access to a courtroom if a judicial officer decides that a personís attire would:

(3)(a)(i) disrupt the proceedings;

(3)(a)(ii) prejudice any victim or party to the proceedings; or

(3)(a)(iii) introduce a legitimate safety or security threat.

(3)(b) A judicial officer making a decision to deny access to a courtroom based on the factors in subsection (3)(a) shall make specific findings on the record justifying the decision.

 

(4) Contrary statements.

††††††††††† (4)(a) All statements contrary to this rule are hereby rescinded.

(4)(b) All statements contrary to this rule shall be removed, including statements expressed in any courthouse, courtroom, website, or policy manual.

 

Effective November 1, 2020