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Rule 1-205.? Standingand Ad Hoc Committees.

Intent:

To establish standing and ad hoccommittees to assist the Council and provide recommendations on topical issues.

To establish uniform terms and a uniformmethod for appointing committee members.

To provide for a periodic review of existing committees toassure that their activities are appropriately related to the administration ofthe judiciary.

Applicability:

This rule shall apply to the internal operation of theCouncil.

Statement of the Rule:

(1)       StandingCommittees.

(1)(A)       Establishment.The following standing committees of the Council are hereby established:

(1)(A)(i)       TechnologyCommittee;

(1)(A)(ii)      UniformFine Schedule Committee;

(1)(A)(iii)     EthicsAdvisory Committee;

(1)(A)(iv)     JudicialBranch Education Committee;

(1)(A)(v)      CourtFacility Planning Committee;

(1)(A)(vi)     Committeeon Children and Family Law;

(1)(A)(vii)    Committeeon Judicial Outreach;

(1)(A)(viii)   Committeeon Resources for Self-represented Parties;

(1)(A)(ix)     LanguageAccess Committee;

(1)(A)(x)      Guardianad Litem Oversight Committee;

(1)(A)(xi)     Committeeon Model Utah Civil Jury Instructions;

(1)(A)(xii)    Committeeon Model Utah Criminal Jury Instructions;

(1)(A)(xiii)   Committeeon Pretrial Release and Supervision; and

(1)(A)(xiv)  Committeeon Court Forms.

(1)(B)       Composition.

(1)(B)(i)       TheTechnology Committee shall consist of:

(1)(B)(i)(a)        one judge from each court of record;

(1)(B)(i)(b)        one justice court judge;

(1)(B)(i)(c)        one lawyer recommended by the Board of BarCommissioners;

(1)(B)(i)(d)        two court executives;

(1)(B)(i)(e)        two court clerks; and

(1)(B)(i)(f)         two staff members fromthe Administrative Office.

(1)(B)(ii)      TheUniform Fine/Bail Schedule Committee shall consist of:

(1)(B)(ii)(a)       one district court judge who has experience witha felony docket;

(1)(B)(ii)(b)       three district court judges who have experiencewith a misdemeanor docket;

(1)(B)(ii)(c)       one juvenile court judge; and

(1)(B)(ii)(d)       three justice courtjudges.

(1)(B)(iii)     TheEthics Advisory Committee shall consist of:

(1)(B)(iii)(a)       onejudge from the Court of Appeals;

(1)(B)(iii)(b)       onedistrict court judge from Judicial Districts 2, 3, or 4;

(1)(B)(iii)(c)       onedistrict court judge from Judicial Districts 1, 5, 6, 7, or 8;

(1)(B)(iii)(d)       onejuvenile court judge;

(1)(B)(iii)(e)       onejustice court judge; and

(1)(B)(iii)(f)       an attorney from eitherthe Bar or a college of law.

(1)(B)(iv)     TheJudicial Branch Education Committee shall consist of:

(1)(B)(iv)(a)       onejudge from an appellate court;

(1)(B)(iv)(b)       onedistrict court judge from Judicial Districts 2, 3, or 4;

(1)(B)(iv)(c)       onedistrict court judge from Judicial Districts 1, 5, 6, 7, or 8;

(1)(B)(iv)(d)       onejuvenile court judge;

(1)(B)(iv)(e)       theeducation liaison of the Board of Justice Court Judges;

(1)(B)(iv)(f)       one state level administrator;

(1)(B)(iv)(g)       theHuman Resource Management Director;

(1)(B)(iv)(h)       onecourt executive;

(1)(B)(iv)(i)       one juvenile court probation representative;

(1)(B)(iv)(j)       two court clerks from different levels of courtand different judicial districts;

(1)(B)(iv)(k)       onedata processing manager; and

(1)(B)(iv)(l)       one adult educator fromhigher education.

(1)(B)(iv)(m)     TheHuman Resource Management Director and the adult educator shall serve asnon-voting members. The state level administrator and the Human ResourceManagement Director shall serve as permanent Committee members.

(1)(B)(v)      TheCourt Facility Planning Committee shall consist of:

(1)(B)(v)(a)       one judge from each level of trial court;

(1)(B)(v)(b)       one appellate court judge;

(1)(B)(v)(c)       the state court administrator;

(1)(B)(v)(d)       a trial court executive; and

(1)(B)(v)(e)       two business peoplewith experience in the construction or financing of facilities.

(1)(B)(vi)     TheCommittee on Children and Family Law shall consist of:

(1)(B)(vi)(a)       oneSenator appointed by the President of the Senate;

(1)(B)(vi)(b)       oneRepresentative appointed by the Speaker of the House;

(1)(B)(vi)(c)       theDirector of the Department of Human Services or designee;

(1)(B)(vi)(d)       oneattorney of the Executive Committee of the Family Law Section of the Utah StateBar;

(1)(B)(vi)(e)       oneattorney with experience in abuse, neglect and dependency cases;

(1)(B)(vi)(f)       one attorney with experience representingparents in abuse, neglect and dependency cases;

(1)(B)(vi)(g)       onerepresentative of a child advocacy organization;

(1)(B)(vi)(h)       onemediator;

(1)(B)(vi)(i)       one professional in the area of childdevelopment;

(1)(B)(vi)(j)       one representative of the community;

(1)(B)(vi)(k)       theDirector of the Office of Guardian ad Litem or designee;

(1)(B)(vi)(l)       one court commissioner;

(1)(B)(vi)(m)     twodistrict court judges; and

(1)(B)(vi)(n)       two juvenile court judges.

(1)(B)(vi)(o)       Oneof the district court judges and one of the juvenile court judges shall serveas co-chairs to the committee. In its discretion the committee may appointnon-members to serve on its subcommittees.

(1)(B)(vii)    TheCommittee on Judicial Outreach shall consist of:

(1)(B)(vii)(a)      oneappellate court judge;

(1)(B)(vii)(b)      onedistrict court judge;

(1)(B)(vii)(c)      onejuvenile court judge;

(1)(B)(vii)(d)      onejustice court judge; one state level administrator;

(1)(B)(vii)(e)      astate level judicial education representative;

(1)(B)(vii)(f)       onecourt executive;

(1)(B)(vii)(g)      oneUtah State Bar representative;

(1)(B)(vii)(h)      onecommunication representative;

(1)(B)(vii)(i)       onelaw library representative;

(1)(B)(vii)(j)       onecivic community representative; and

(1)(B)(vii)(k)      one state education representative.

(1)(B)(vii)(l)       Chairsof the Judicial Outreach Committee?s subcommittees shall also serve as membersof the committee.

(1)(B)(viii)   TheCommittee on Resources for Self-represented Parties shall consist of:

(1)(B)(viii)(a)     twodistrict court judges;

(1)(B)(viii)(b)     onejuvenile court judge;

(1)(B)(viii)(c)     twojustice court judges;

(1)(B)(viii)(d)     threeclerks of court ? one from an appellate court, one from an urban district andone from a rural district;

(1)(B)(viii)(e)     onemember of the Online Court Assistance Committee;

(1)(B)(viii)(f)      onerepresentative from the Self-Help Center;

(1)(B)(viii)(g)     onerepresentative from the Utah State Bar;

(1)(B)(viii)(h)     tworepresentatives from legal service organizations that serve low-income clients;

(1)(B)(viii)(i)      oneprivate attorney experienced in providing services to self-represented parties;

(1)(B)(viii)(j)      twolaw school representatives;

(1)(B)(viii)(k)     thestate law librarian; and

(1)(B)(viii)(l)      two community representatives.

(1)(B)(ix)     TheLanguage Access Committee shall consist of:

(1)(B)(ix)(a)       onedistrict court judge;

(1)(B)(ix)(b)       onejuvenile court judge;

(1)(B)(ix)(c)       onejustice court judge;

(1)(B)(ix)(d)       onetrial court executive;

(1)(B)(ix)(e)       onecourt clerk;

(1)(B)(ix)(f)       one interpreter coordinator;

(1)(B)(ix)(g)       oneprobation officer;

(1)(B)(ix)(h)       oneprosecuting attorney;

(1)(B)(ix)(i)       one defense attorney;

(1)(B)(ix)(j)       two certified interpreters;

(1)(B)(ix)(k)       oneapproved interpreter;

(1)(B)(ix)(l)       one expert in the field of linguistics; and

(1)(B)(ix)(m)     one American Sign Language representative.

(1)(B)(x)      TheGuardian ad Litem Oversight Committee shall consist of:

(1)(B)(x)(a)       seven members withexperience in the administration of law and public services selected frompublic, private and non-profit organizations.

(1)(B)(xi)     TheCommittee on Model Utah Civil Jury Instructions shall consist of:

(1)(B)(xi)(a)       twodistrict court judges;

(1)(B)(xi)(b)       fourlawyers who primarily represent plaintiffs;

(1)(B)(xi)(c)       fourlawyers who primarily represent defendants; and

(1)(B)(xi)(d)       one person skilled in linguistics or communication.

(1)(B)(xii)    TheCommittee on Model Utah Criminal Jury Instructions shall consist of:

(1)(B)(xii)(a)      twodistrict court judges;

(1)(B)(xii)(b)      onejustice court judge;

(1)(B)(xii)(c)      fourprosecutors;

(1)(B)(xii)(d)      fourdefense counsel;

(1)(B)(xii)(e)      oneprofessor of criminal law; and

(1)(B)(xii)(f)       one person skilled in linguistics or communication.

(1)(B)(xiii)   TheCommittee on Pretrial Release and Supervision shall consist of:

(1)(B)(xiii)(a)     twodistrict court judges;

(1)(B)(xiii)(b)     onejuvenile court judge;

(1)(B)(xiii)(c)     twojustice court judges;

(1)(B)(xiii)(d)     oneprosecutor;

(1)(B)(xiii)(e)     onedefense attorney;

(1)(B)(xiii)(f)      onecounty sheriff;

(1)(B)(xiii)(g)     onerepresentative of counties;

(1)(B)(xiii)(h)     onerepresentative of a county pretrial services agency;

(1)(B)(xiii)(i)      onerepresentative of the Utah Insurance Department;

(1)(B)(xiii)(j)      onerepresentative of the Utah Commission on Criminal and Juvenile Justice;

(1)(B)(xiii)(k)     onecommercial surety agent;

(1)(B)(xiii)(l)      onestate senator;

(1)(B)(xiii)(m)   onestate representative;

(1)(B)(xiii)(n)     theDirector of the Indigent Defense Commission or designee; and

(1)(B)(xiii)(o)     the court?s general counsel or designee.

(1)(B)(xiv)  TheCommittee on Court Forms shall consist of:

(1)(B)(xiv)(a)    onedistrict court judge;

(1)(B)(xiv)(b)    onecourt commissioner;

(1)(B)(xiv)(c)    onejuvenile court judge;

(1)(B)(xiv)(d)    onejustice court judge;

(1)(B)(xiv)(e)    onecourt clerk;

(1)(B)(xiv)(f)     oneappellate court staff attorney;

(1)(B)(xiv)(g)    onerepresentative from the Self-Help Center;

(1)(B)(xiv)(h)    theState Law Librarian;

(1)(B)(xiv)(i)      theCourt Services Director;

(1)(B)(xiv)(j)      onemember selected by the Online Court Assistance Committee;

(1)(B)(xiv)(k)    onerepresentative from a legal service organization that serves low-incomeclients;

(1)(B)(xiv)(l)      oneparalegal;

(1)(B)(xiv)(m)  oneeducator from a paralegal program or law school;

(1)(B)(xiv)(n)    oneperson skilled in linguistics or communication; and

(1)(B)(xiv)(o)    one representative from the Utah State Bar.

(1)(C)       Standingcommittee chairs. The Judicial Council shall designate the chair of eachstanding committee. Standing committees shall meet as necessary to accomplishtheir work. Standing committees shall report to the Council as necessary but aminimum of once every year. Council members may not serve, participate or voteon standing committees. Standing committees may invite participation by othersas they deem advisable, but only members designated by this rule may makemotions and vote. All members designated by this rule may make motions and voteunless otherwise specified. Standing committees may form subcommittees as theydeem advisable.

(1)(D)       Committeeperformance review. At least once every six years, the ManagementCommittee shall review the performance of each committee. If the ManagementCommittee determines that committee continues to serve its purpose, theManagement Committee shall recommend to the Judicial Council that the committeecontinue. If the Management Committee determines that modification of acommittee is warranted, it may so recommend to the Judicial Council.

(1)(D)(i)       Notwithstandingsubsection (1)(D), the Guardian ad Litem OversightCommittee, recognized by Section 78A-6-901, shall not terminate.

(2)       Adhoc committees. The Council may form ad hoc committees or task forces toconsider topical issues outside the scope of the standing committees and torecommend rules or resolutions concerning such issues. The Council may set andextend a date for the termination of any ad hoc committee. The Council mayinvite non-Council members to participate and vote on ad hoc committees. Ad hoccommittees shall keep the Council informed of their activities. Ad hoccommittees may form sub-committees as they deem advisable. Ad hoc committeesshall disband upon issuing a final report or recommendations to the Council,upon expiration of the time set for termination, or upon the order of theCouncil.

(3)       Generalprovisions.

(3)(A)       Appointmentprocess.

(3)(A)(i)       Administrator'sresponsibilities. The state court administrator shall select a member ofthe administrative staff to serve as the administrator for committeeappointments. Except as otherwise provided in this rule, the administratorshall:

(3)(A)(i)(a)        announce expected vacancies on standingcommittees two months in advance and announce vacancies on ad hoc committees ina timely manner;

(3)(A)(i)(b)        for new appointments, obtain an indication ofwillingness to serve from each prospective appointee and information regardingthe prospective appointee's present and past committee service;

(3)(A)(i)(c)        for reappointments, obtain an indication ofwillingness to serve from the prospective reappointee,the length of the prospective reappointee's serviceon the committee, the attendance record of the prospective reappointee,the prospective reappointee's contributions to thecommittee, and the prospective reappointee's otherpresent and past committee assignments; and

(3)(A)(i)(d)        present a list ofprospective appointees and reappointees to theCouncil and report on recommendations received regarding the appointment ofmembers and chairs.

(3)(A)(ii)      Council'sresponsibilities. The Council shall appoint the chair of each committee.Whenever practical, appointments shall reflect geographical, gender, culturaland ethnic diversity.

(3)(B)       Terms.Except as otherwise provided in this rule, standing committee membersshall serve staggered three year terms. Standing committeemembers shall not serve more than two consecutive terms on a committee unlessthe Council determines that exceptional circumstances exist which justifyservice of more than two consecutive terms.

(3)(C)       Expenses.Members of standing and ad hoc committees may receive reimbursement for actualand necessary expenses incurred in the execution of their duties as committeemembers.

(3)(D)       Secretariat.The Administrative Office shall serve as secretariat to the Council's committees.

Effective January 1, 2019