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Rule 11-101. Creation andComposition of Advisory Committees.

Intent:

To establish advisory committees andprocedures to govern those committees.

Applicability:

This rule shall apply to the SupremeCourt, the Administrative Office of the Courts, and the Supreme Court advisorycommittees.

Statementof the Rule:

(1) Establishmentof committees. There is hereby established a Supreme Court advisorycommittee in each of the following areas: civil procedure, criminal procedure,juvenile court procedure, appellate procedure, evidence, and the rules ofprofessional conduct. The Supreme Court shall designate a liaison to eachadvisory committee.

(2) Compositionof committees. The Supreme Court shall determine the size of eachcommittee based upon the workload of the individual committees. The committeesshould be broadly representative of the legal community and should includepracticing lawyers, academicians, and judges. Members should possess expertisewithin the committee?s jurisdiction. A committee may also have up to twononvoting emeritus members. An emeritus member has the same authority andduties as other committee members, except that such member shall have noauthority to vote. An emeritus member may serve two terms in addition to theterms served as a member.

(3) Applicationand recruitment of committee members. Vacancies on the committeesshall be announced in a manner reasonably calculated to reach members of theUtah State Bar. The notice shall specify the name of the committee that has thevacancy, a brief description of the committee?s responsibilities, the methodfor submitting an application or letter of interest, and the applicationdeadline. Members of the committees or the Supreme Court may solicitapplications for membership on the committees. Applications and letters ofinterest shall be submitted to the Supreme Court.

(4) Appointmentof committee members and chair. Upon expiration of the applicationdeadline, the Supreme Court shall review the applications and letters ofinterest and appoint those individuals who are best suited to serve on thecommittee. Members shall be appointed to serve staggered four-year terms. Inthe event of a mid-term vacancy the Supreme Court shall appoint a new member toserve for the remainder of the term. The Supreme Court shall select a chairfrom among the committee?s members. No member may serve more than two fullconsecutive terms on the committee unless appointed by the Supreme Court as thecommittee chair or when justified by special circumstances, such as an academicianor court staff attorney. A member appointed as chair may serve up to four termsas a member and chair. Judges who serve as members of the committees generallyshall not be selected as chairs. Committee members shall serve as officers ofthe court and not as representatives of any client, employer, or otherorganization or interest group. At the first meeting of a committee in anycalendar year, and at every meeting at which a new member of the committeefirst attends, each committee member shall briefly disclose the general natureof his or her legal practice.

(5) Absences. Inthe event that a committee member fails to attend three committee meetingsduring a calendar year, the chair may notify the Supreme Court of thoseabsences and may request that the Supreme Court replace that committee member.

(6) Administrativeassistance. The Administrative Office of the Courts shall coordinatestaff support to each committee, including the assistance of the Office ofGeneral Counsel in research and drafting and the coordination of secretarialsupport and publication activities.

(7) Recordingsecretaries. A committee chair may appoint a third-year law student, amember of the Bar in good standing, or a legal secretary to serve as arecording secretary for the committee. The recording secretary shall attend andtake minutes at committee meetings, provide research and drafting assistance tocommittee members and perform other assignments as requested by the chair.

 

Effective May 1, 2018