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Rule 7-102. Duties and authorityof Juvenile Court Commissioners.

Intent:

To set forth the duties and authority of Juvenile Court Commissionersand to identify the types of cases Commissioners are authorized to hear.

Applicability:

This rule shall apply to the Juvenile Court.

Statement of the Rule:

(1) Types of cases and matters.

(1)(A) Commissioners may be assigned to hear and make recommendationsin cases involving:

(1)(A)(i) bailableoffenses, for arraignment and disposition;

(1)(A)(ii) truancy reviews;

(1)(A)(iii) restitution hearings;

(1)(A)(iv) detention and shelter hearings;

(1)(A)(v) other misdemeanor level offenses;

(1)(A)(vi) child protective orders; and

(1)(A)(vii) contempt.

(1)(B) Commissioners may exercise specific powers as authorized bystatute or rule of procedure.

(1)(C) Except as provided in paragraph (4) below, Commissioners may beassigned, on an emergency basis, to any matter under the jurisdiction of theJuvenile Court, by the presiding judge.

(2) Relief which may be granted.

(2)(A) Except as provided in paragraph (4) below, a Commissioner isauthorized to recommend any dispositional order authorized by Utah law,including assessment of fines, restitution, compensatory service, probation andother appropriate sanctions.

(2)(B) All recommendations of the Commissioner shall be reviewed by ajudge. The reviewing judge may confirm the recommendation of the commissioner,set the matter for rehearing before a judge, or modify the recommendation afterreviewing the record.

(2)(C) Pending the filing of a request for rehearing, therecommendation of the Commissioner shall constitute the order of the courtuntil the time for requesting a rehearing has passed or a judge has heard thematter on the merits.

(3) Judicial review.

(3)(A) If a request for a rehearing is filed, the matter shall be setfor rehearing before a judge.

(3)(B) If the request for rehearing is as to disposition only and notas to guilt or innocence, the matter shall be set for a disposition reviewonly.

(3)(C) A judge may order a rehearing of any case before confirming theCommissioner's recommendation.

(4) Limitations. Notwithstanding any other provision contained in thisrule, a Commissioner may not:

(4)(A) make a recommendation for an order directing a permanent changeof custody or committing a minor to a secure facility;

(4)(B) be assigned to conduct a felony level trial or a permanentdeprivation of parental rights trial; or

(4)(C) enter a final order or judgment.