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Rule 1-205. Standing and ad hoc committees.

 Intent:

To establish standing and ad hoc committees to assist the Counciland provide recommendations on topical issues.

To establish uniform terms and a uniform method for appointingcommittee members.

To provide for a periodic review of existing committees to assurethat their activities are appropriately related to the administration of thejudiciary.

Applicability:

This rule shall apply to the internal operation of the Council.

Statement of the Rule:

(1) Standing committees.

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

(1)(A)(i) Technology Committee;

(1)(A)(ii) Uniform Fine Schedule Committee;

(1)(A)(iii) Ethics Advisory Committee;

(1)(A)(iv) Judicial Branch Education Committee;

(1)(A)(v) Court Facility Planning Committee;

(1)(A)(vi) Committee on Children and Family Law;

(1)(A)(vii) Committee on Judicial Outreach;

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

(1)(A)(ix) Language Access Committee;

(1)(A)(x) Guardian ad Litem Oversight Committee;

(1)(A)(xi) Committee on Model Utah Civil Jury Instructions;

(1)(A)(xii) Committee on Model Utah Criminal Jury Instructions;

(1)(A)(xiii) Committee on Pretrial Release and Supervision; and

(1)(A)(xiv) Committee on Court Forms.

(1)(B) Composition.

(1)(B)(i) The Technology Committee shall consist of one judge fromeach court of record, one justice court judge, one lawyer recommended by theBoard of Bar Commissioners, two court executives, two court clerks and twostaff members from the Administrative Office.

(1)(B)(ii) The Uniform Fine/Bail Schedule Committee shall consistof one district court judge who has experience with a felony docket, threedistrict court judges who have experience with a misdemeanor docket, onejuvenile court judge and three justice court judges.

(1)(B)(iii) The Ethics Advisory Committee shall consist of onejudge from the Court of Appeals, one district court judge from JudicialDistricts 2, 3, or 4, one district court judge from Judicial Districts 1, 5, 6,7, or 8, one juvenile court judge, one justice court judge, and an attorneyfrom either the Bar or a college of law.

(1)(B)(iv) The Judicial Branch Education Committee shall consistof one judge from an appellate court, one district court judge from JudicialDistricts 2, 3, or 4, one district court judge from Judicial Districts 1, 5, 6,7, or 8, one juvenile court judge, the education liaison of the Board ofJustice Court Judges, one state level administrator, the Human ResourceManagement Director, one court executive, one juvenile court probationrepresentative, two court clerks from different levels of court and differentjudicial districts, one data processing manager, and one adult educator fromhigher education. The Human Resource Management Director and the adult educatorshall serve as non-voting members. The state level administrator and the HumanResource Management Director shall serve as permanent Committee members.

(1)(B)(v) The Court Facility Planning Committee shall consist ofone judge from each level of trial court, one appellate court judge, the statecourt administrator, a trial court executive, and two business people withexperience in the construction or financing of facilities.

(1)(B)(vi) The Committee on Children and Family Law shall consistof one Senator appointed by the President of the Senate, one Representativeappointed by the Speaker of the House, the Director of the Department of HumanServices or designee, one attorney of the Executive Committee of the Family LawSection of the Utah State Bar, one attorney with experience in abuse, neglectand dependency cases, one attorney with experience representing parents inabuse, neglect and dependency cases, one representative of a child advocacyorganization, one mediator, one professional in the area of child development,one representative of the community, the Director of the Office of Guardian adLitem or designee, one court commissioner, two district court judges, and twojuvenile court judges. One of the district court judges and one of the juvenilecourt judges shall serve as co-chairs to the committee. In its discretion thecommittee may appoint non-members to serve on its subcommittees.

(1)(B)(vii) The Committee on Judicial Outreach shall consist ofone appellate court judge, one district court judge, one juvenile court judge,one justice court judge, one state level administrator, a state level judicialeducation representative, one court executive, one Utah State Barrepresentative, one communication representative, one law libraryrepresentative, one civic community representative, and one state educationrepresentative. Chairs of the Judicial Outreach Committee?s subcommittees shallalso serve as members of the committee.

(1)(B)(viii) The Committee on Resources for Self-representedParties shall consist of two district court judges, one juvenile court judge, twojustice court judges, three clerks of court ? one from an appellate court, onefrom an urban district and one from a rural district ? one member of the OnlineCourt Assistance Committee, one representative from the Self-Help Center, onerepresentative from the Utah State Bar, two representatives from legal serviceorganizations that serve low-income clients, one private attorney experienced inproviding services to self-represented parties, two law school representatives,the state law librarian, and two community representatives.

(1)(B)(ix) The Language Access Committee shall consist of onedistrict court judge, one juvenile court judge, one justice court judge, onetrial court executive, one court clerk, one interpreter coordinator, oneprobation officer, one prosecuting attorney, one defense attorney, twocertified interpreters, one approved interpreter, one expert in the field oflinguistics, and one American Sign Language representative.

(1)(B)(x) The Guardian ad Litem Oversight Committee shall consistof seven members with experience in the administration of law and publicservices selected from public, private and non-profit organizations.

(1)(B)(xi) The Committee on Model Utah Civil Jury Instructionsshall consist of two district court judges, four lawyers who primarilyrepresent plaintiffs, four lawyers who primarily represent defendants, and oneperson skilled in linguistics or communication.

(1)(B)(xii) The Committee on Model Utah Criminal Jury Instructionsshall consist of two district court judges, one justice court judge, fourprosecutors, four defense counsel, one professor of criminal law, and oneperson skilled in linguistics or communication.

(1)(B)(xiii) The Committee on Pretrial Release and Supervisionshall consist of two district court judges, one juvenile court judge, twojustice court judges, one prosecutor, one defense attorney, one county sheriff,one representative of counties, one representative of a county pretrialservices agency, one representative of the Utah Insurance Department, onerepresentative of the Utah Commission on Criminal and Juvenile Justice, onecommercial surety agent, one state senator, one state representative, and thecourt?s general counsel or designee.

(1)(B)(xiv) The Committee on Court Forms shall consist of onedistrict court judge, one juvenile court judge, one justice court judge, onecourt clerk, one appellate court staff attorney, one representative from theSelf-Help Center, the State Law Librarian, the Court Services Director, onemember selected by the Online Court Assistance Committee, one representativefrom a legal service organization that serves low-income clients, oneparalegal, one educator from a paralegal program or law school, one personskilled in linguistics or communication, and one representative from the UtahState Bar.

(1)(C) Standing committee chairs. The JudicialCouncil shall designate the chair of each standing committee. Standingcommittees shall meet as necessary to accomplish their work. Standingcommittees shall report to the Council as necessary but a minimum of once everyyear. Council members may not serve, participate or vote on standingcommittees. Standing committees may invite participation by others as they deemadvisable, but only members designated by this rule may make motions and vote.All members designated by this rule may make motions and vote unless otherwisespecified. Standing committees may form subcommittees as they deem advisable.

(1)(D) Committee performance review. At leastonce every six years, the Management Committee shall review the performance ofeach committee. If the Management Committee determines that committee continuesto serve its purpose, the Management Committee shall recommend to the JudicialCouncil that the committee continue. If the Management Committee determinesthat modification of a committee is warranted, it may so recommend to theJudicial Council.

(1)(D)(i) Notwithstanding subsection (1)(D), the Guardian ad LitemOversight Committee, recognized by Section 78A-6-901, shall not terminate.

(2) Ad hoc committees. The Council may form adhoc committees or task forces to consider topical issues outside the scope ofthe standing committees and to recommend rules or resolutions concerning suchissues. The Council may set and extend a date for the termination of any ad hoccommittee. The Council may invite non-Council members to participate and voteon ad hoc committees. Ad hoc committees shall keep the Council informed oftheir activities. Ad hoc committees may form sub-committees as they deemadvisable. Ad hoc committees shall disband upon issuing a final report orrecommendations to the Council, upon expiration of the time set for termination,or upon the order of the Council.

(3) General provisions.

(3)(A) Appointment process.

(3)(A)(i) Administrator's responsibilities. Thestate court administrator shall select a member of the administrative staff toserve as the administrator for committee appointments. Except as otherwiseprovided in this rule, the administrator shall:

(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 indicationof willingness to serve from each prospective appointee and informationregarding the 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 theprospective reappointee's service on the committee, the attendancerecord of the prospective reappointee, theprospective reappointee's contributions to the committee, and theprospective reappointee's other present and past committeeassignments; and

(3)(A)(i)(d) present a list of prospective appointeesand reappointees to the Council and report on recommendationsreceived regarding the appointment of members and chairs.

(3)(A)(ii) Council's responsibilities. TheCouncil shall appoint the chair of each committee. Whenever practical,appointments shall reflect geographical, gender, cultural and ethnic diversity.

(3)(B) Terms. Except as otherwise provided inthis rule, standing committee members shall serve staggered three year terms.Standing committee members shall not serve more than two consecutive termson a committee unless the Council determines that exceptional circumstancesexist which justify service of more than two consecutive terms.

(3)(C) Expenses. Members of standing and ad hoccommittees may receive reimbursement for actual and necessary expenses incurredin the execution of their duties as committee members.

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

 

Effective May 1, 2018