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Rule4-411. Courthouse attire.

 

Intent:

Toensure that Utah?s courts are open in accordance with Article 1, Section 11 ofthe Utah Constitution while balancing the need for decorum in court proceedingsand safety of all persons having business in Utah?s courthouses.

 

Applicability:

Thisrule applies to all Utah justice courts, district courts, juvenile courts, andappellate courts.

 

Statementof the Rule:

(1) Open courts, personal attire, and judicial officer decision-making.

(1)(a) Except as provided inparagraphs (2), (3), and (4), no person having business in any court shall bedenied access to a courtroom or courthouse based solely on the person?s attire.

(1)(b)All courtroom access decisions ?based on a person?s attire shall be madein accordance with this rule by a judicial officer on a case-by-case basis. ?Judicialofficer? is defined as a judge or court commissioner.

(1)(c)With respect to courtroom access decisions based on a person?s attire, the roleof a court bailiff, court security, or court staff? is limited to answering questions andenforcing a judicial order.

 

(2) Courthouse security.

(2)(a)Court security personnel may deny access to a courthouse, if a person?s attireraises a legitimate safety or security threat.

(2)(b)? Courtsecurity personnel may deny access to a courtroom based on a person?s attire toenforce a judicial order.

 

(3) Integrity of court proceedings.

(3)(a)A person may be denied access to a courtroom if a judicial officer decides thata person?s attire would:

(3)(a)(i) disruptthe proceedings;

(3)(a)(ii) prejudiceany victim or party to the proceedings; or

(3)(a)(iii) introducea legitimate safety or security threat.

(3)(b)A judicial officer making a decision to deny access to a courtroom based on thefactors in subsection (3)(a) shall make specificfindings on the record justifying the decision.

 

(4) Contrary statements.

??????????? (4)(a)All statements contrary to this rule are hereby rescinded.

(4)(b)All statements contrary to this rule shall be removed, including statements expressedin any courthouse, courtroom, website, or policy manual.

 

Effective November 1,2020