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Rule 3

Rule 3-108. Judicial assistance.

Intent:

To establish the authority, procedure and criteria for judicial assistance.

Applicability:

This rule shall apply to judicial assistance provided by active senior judgesand judges of courts of record.

Statement of the Rule:

(1) Criteria for requesting assistance. Judicial assistance shall be providedonly for the following reasons:

(A) to prevent the occurrence of a backlog in the court's calendar;

(B) to reduce a critical accumulated backlog;

(C) to handle a particular case involving complex issues and extensive timewhich would have a substantial impact on the court's calendar;

(D) to replace a sitting judge who is absent because of assignment as a taxjudge, illness or to replace the judges in that location because ofdisqualification in a particular case;

(E) to handle essential cases when there is a vacant judicial position;

(F) to handle high priority cases during vacation periods or duringattendance at education programs by the sitting judge, following every effort bythat judge to adjust the calendar to minimize the need for assistance and onlyto handle those matters which cannot be accommodated by the other judges of thecourt during the absence;

(G) to provide education and training opportunities to judges of one courtlevel in the disposition of cases in another court level; and

(H) in district court, to handle cases involving taxation, as defined in Rule6-103(4) of the Utah Code of Judicial Administration.

(2) Criteria for transferring or assigning judges. The transfer or assignmentof judges shall be based upon the following priorities:

(A) experience and familiarity with the subject matter, including, indistrict court cases involving taxation, as defined in Rule 6-103(4) of the UtahCode of Judicial Administration, knowledge of the theory and practice of advalorem, excise, income, sales and use, and corporate taxation;

(B) active judges before active senior judges with consideration of thefollowing:

(i) active judges from a court of equal jurisdiction in a differentgeographical division than the court in need, who are physically situatednearest and are most convenient to that court;

(ii) active senior judges from a court of equal jurisdiction to the court inneed who are physically situated nearest and are most convenient to that court;

(iii) active judges from a court of different jurisdiction than the court inneed whose subject matter jurisdiction is most closely related to that court andwho are in close proximity to it;

(iv) active judges from a court of equal jurisdiction in a differentgeographical division than the court in need who are far removed from thatcourt;

(v) active or active senior judges from a court of different jurisdictionthan the court in need whose subject matter jurisdiction is similar to thatcourt who are not in close proximity;

(C) availability;

(D) expenses and budget.

(3) Assignment of active judges.

(A) Any active judge of a court of record may serve temporarily as the judgeof a court with equal jurisdiction in a different judicial district uponassignment by the presiding judge of the district in which the judge to beassigned normally sits or, in district court cases involving taxation, asdefined in Rule 6-103(4) of the Utah Code of Judicial Administration, assignmentby the supervising tax judge with the approval of the presiding officer of theCouncil.

(B) Any active judge of a court of record may serve temporarily as the judgeof a court with different jurisdiction in the same or a different judicialdistrict upon assignment by the presiding officer of the Council or assignmentby the state court administrator with the approval of the presiding officer ofthe Council.

(C) The assignment shall be made only after consideration of the judge'scalendar. The assignment may be for a special or general assignment in aspecific court or generally within that level of court and shall be for aspecific period of time, or for the duration of a specific case. Full timeassignments in excess of 30 days in a calendar year shall require theconcurrence of the assigned judge. The state court administrator shall reportall assignments to the Council on an annual basis.

(D) Requests for the assignment of a judge shall be conveyed, through thepresiding judge, to the person with authority to make the assignment underparagraphs (A) and (B). A judge who is assigned temporarily to another courtshall have the same powers as a judge of that court.

(4) Notice of assignments made under this rule shall be made in writing, acopy of which shall be sent to the state court administrator.

(5) Schedule of trials or court sessions. The state court administrator,under the supervision of the presiding officer of the Council, may scheduletrials or court sessions and designate a judge to preside, assign judges withincourts and throughout the state, reassign cases to judges, and change the countyfor trial of any case if no party to the litigation files timely objections tothe change.