Utah Courts
UCJA Rule 1-205 (Code of Judicial Administration)
UCJA Rule 1-205 (Code of Judicial Administration)
Rule 1-205. Standing and Ad Hoc Committees.
Intent:
To establish standing and ad hoc committees to assist the Council and provide recommendations on topical issues.
To establish uniform terms and a uniform method for appointing committee members.
To provide for a periodic review of existing committees to assure that their activities are appropriately related to the administration of the judiciary.
Applicability:
This rule shall apply to the internal operation of the Council.
Statement of the Rule:
(1) Standing Committees.
(1)(A) Establishment. The following standing committees of the Council are hereby established:
(1)(A)(i) Uniform Fine Committee;
(1)(A)(ii) Ethics Advisory Committee;
(1)(A)(iii) Judicial Branch Education Committee;
(1)(A)(iv) Court Facility Planning Committee;
(1)(A)(v) Committee on Children and Family Law;
(1)(A)(vi) Committee on Judicial Outreach;
(1)(A)(vii) Committee on Resources for Self-represented Parties;
(1)(A)(viii) Language Access Committee;
(1)(A)(ix) Guardian ad Litem Oversight Committee;
(1)(A)(x) Committee on Model Utah Civil Jury Instructions;
(1)(A)(xi) Committee on Model Utah Criminal Jury Instructions;
(1)(A)(xii) Committee on Pretrial Release and Supervision; and
(1)(A)(xiii) Committee on Court Forms;
(1)(A)(xiv) Committee on Judicial Fairness and Accountability; and
(1)(A)(xv) Working Interdisciplinary Network of Guardianship Stakeholders (WINGS)
(1)(B) Composition.
(1)(B)(i) The Uniform Fine Committee performs the duties described in rule 4-302 and shall consist of:
(1)(B)(i)(a) one district court judge who has experience with a felony docket;
(1)(B)(i)(b) three district court judges who have experience with a misdemeanor docket; and
(1)(B)(i)(c) four justice court judges.
(1)(B)(ii) The Ethics Advisory Committee performs the duties described in rule 3-109 and shall consist of:
(1)(B)(ii)(a) one judge from the Court of Appeals;
(1)(B)(ii)(b) one district court judge from Judicial Districts 2, 3, or 4;
(1)(B)(ii)(c) one district court judge from Judicial Districts 1, 5, 6, 7, or 8;
(1)(B)(ii)(d) one juvenile court judge;
(1)(B)(ii)(e) one justice court judge; and
(1)(B)(ii)(f) an attorney from either the Bar or a college of law.
(1)(B)(iii) The Judicial Branch Education Committee performs the duties described in rule 3-403 shall consist of:
(1)(B)(iii)(a) one judge from an appellate court;
(1)(B)(iii)(b) one district court judge from Judicial Districts 2, 3, or 4;
(1)(B)(iii)(c) one district court judge from Judicial Districts 1, 5, 6, 7, or 8;
(1)(B)(iii)(d) one juvenile court judge;
(1)(B)(iii)(e) the education liaison of the Board of Justice Court Judges;
(1)(B)(iii)(f) one state level administrator;
(1)(B)(iii)(g) the Human Resource Management Director;
(1)(B)(iii)(h) one court executive;
(1)(B)(iii)(i) one juvenile court probation representative;
(1)(B)(iii)(j) two court clerks from different levels of court and different judicial districts;
(1)(B)(iii)(k) one data processing manager; and
(1)(B)(iii)(l) one adult educator from higher education.
(1)(B)(iii)(m) The Human Resource Management Director and the adult educator shall serve as non-voting members. The state level administrator and the Human Resource Management Director shall serve as permanent Committee members.
(1)(B)(iv) The Court Facility Planning Committee performs the duties described in rule 3-409 and shall consist of:
(1)(B)(iv)(a) one judge from each level of trial court;
(1)(B)(iv)(b) one appellate court judge;
(1)(B)(iv)(c) the state court administrator;
(1)(B)(iv)(d) a trial court executive;
(1)(B)(iv)(e) two business people with experience in the construction or financing of facilities; and
(1)(B)(iv)(f) the court security director.
(1)(B)(v) The Committee on Children and Family Law performs the duties described in rule 4-908 and shall consist of:
(1)(B)(v)(a) one Senator appointed by the President of the Senate;
(1)(B)(v)(b) the Director of the Department of Human Services or designee;
(1)(B)(v)(c) one attorney of the Executive Committee of the Family Law Section of the Utah State Bar;
(1)(B)(v)(d) one attorney with experience in abuse, neglect and dependency cases;
(1)(B)(v)(e) one attorney with experience representing parents in abuse, neglect and dependency cases;
(1)(B)(v)(f) one representative of a child advocacy organization;
(1)(B)(v)(g) the ADR Program Director or designee;
(1)(B)(v)(h) one professional in the area of child development;
(1)(B)(v)(i) one mental health professional;
(1)(B)(v)(j) one representative of the community;
(1)(B)(v)(k) the Director of the Office of Guardian ad Litem or designee;
(1)(B)(v)(l) one court commissioner;
(1)(B)(v)(m) two district court judges; and
(1)(B)(v)(n) two juvenile court judges.
(1)(B)(v)(o) One of the district court judges and one of the juvenile court judges shall serve as co-chairs to the committee. In its discretion the committee may appoint non-members to serve on its subcommittees.
(1)(B)(vi) The Committee on Judicial Outreach performs the duties described in rule 3-114 and shall consist of:
(1)(B)(vi)(a) one appellate court judge;
(1)(B)(vi)(b) one district court judge;
(1)(B)(vi)(c) one juvenile court judge;
(1)(B)(vi)(d) one justice court judge; one state level administrator;
(1)(B)(vi)(e) a state level judicial education representative;
(1)(B)(vi)(f) one court executive;
(1)(B)(vi)(g) one Utah State Bar representative;
(1)(B)(vi)(h) one communication representative;
(1)(B)(vi)(i) one law library representative;
(1)(B)(vi)(j) one civic community representative; and
(1)(B)(vi)(k) one state education representative.
(1)(B)(vi)(l) Chairs of the Judicial Outreach Committee’s subcommittees shall also serve as members of the committee.
(1)(B)(vii) The Committee on Resources for Self-represented Parties performs the duties described in rule 3-115 and shall consist of:
(1)(B)(vii)(a) two district court judges;
(1)(B)(vii)(b) one juvenile court judge;
(1)(B)(vii)(c) two justice court judges;
(1)(B)(vii)(d) three clerks of court – one from an appellate court, one from an urban district and one from a rural district;
(1)(B)(vii)(e) one representative from a social services organization providing direct services to underserved communities;
(1)(B)(vii)(f) one representative from the Utah State Bar;
(1)(B)(vii)(g) two representatives from legal service organizations that serve low-income clients;
(1)(B)(vii)(h) one private attorney experienced in providing services to self-represented parties;
(1)(B)(vii)(i) two law school representatives;
(1)(B)(vii)(j) the state law librarian; and
(1)(B)(vii)(k) two community representatives.
(1)(B)(viii) The Language Access Committee performs the duties described in rule 3-306.02 and shall consist of:
(1)(B)(viii)(a) one district court judge;
(1)(B)(viii)(b) one juvenile court judge;
(1)(B)(viii)(c) one justice court judge;
(1)(B)(viii)(d) one trial court executive;
(1)(B)(viii)(e) one court clerk;
(1)(B)(viii)(f) one interpreter coordinator;
(1)(B)(viii)(g) one probation officer;
(1)(B)(viii)(h) one prosecuting attorney;
(1)(B)(viii)(i) one defense attorney;
(1)(B)(viii)(j) two certified interpreters;
(1)(B)(viii)(k) one approved interpreter;
(1)(B)(viii)(l) one expert in the field of linguistics; and
(1)(B)(viii)(m) one American Sign Language representative.
(1)(B)(ix) The Guardian ad Litem Oversight Committee performs the duties described in rule 4-906 and shall consist of:
(1)(B)(ix)(a) seven members with experience in the administration of law and public services selected from public, private and non-profit organizations.
(1)(B)(x) The Committee on Model Utah Civil Jury Instructions performs the duties described in rule 3-418 and shall consist of:
(1)(B)(x)(a) two district court judges;
(1)(B)(x)(b) four lawyers who primarily represent plaintiffs;
(1)(B)(x)(c) four lawyers who primarily represent defendants; and
(1)(B)(x)(d) one person skilled in linguistics or communication.
(1)(B)(xi) The Committee on Model Utah Criminal Jury Instructions performs the duties described in rule 3-418 and shall consist of:
(1)(B)(xi)(a) two district court judges;
(1)(B)(xi)(b) one justice court judge;
(1)(B)(xi)(c) four prosecutors;
(1)(B)(xi)(d) four defense counsel; and
(1)(B)(xi)(e) one person skilled in linguistics or communication.
(1)(B)(xii) The Committee on Pretrial Release and Supervision performs the duties described in rule 3-116 and shall consist of:
(1)(B)(xii)(a) two district court judges;
(1)(B)(xii)(b) two justice court judges;
(1)(B)(xii)(c) one prosecutor;
(1)(B)(xii)(d) one defense attorney;
(1)(B)(xii)(e) one county sheriff;
(1)(B)(xii)(f) one representative of counties;
(1)(B)(xii)(g) one representative of a county pretrial services agency;
(1)(B)(xii)(h) one representative of the Utah Commission on Criminal and Juvenile Justice;
(1)(B)(xii)(i) one commercial surety agent;
(1)(B)(xii)(j) one state senator;
(1)(B)(xii)(k) one state representative;
(1)(B)(xii)(l) the Director of the Indigent Defense Commission or designee;
(1)(B)(xii)(m) one representative of the Utah Victims’ Council;
(1)(B)(xii)(n) one representative of a community organization actively engaged in pretrial justice issues;
(1)(B)(xii)(o) one chief of police; and
(1)(B)(xii)(p) the court’s general counsel or designee.
(1)(B)(xiii) The Committee on Court Forms performs the duties described in rule 3-117 and shall consist of:
(1)(B)(xiii)(a) two district court judges;
(1)(B)(xiii)(b) one court commissioner;
(1)(B)(xiii)(c) one juvenile court judge;
(1)(B)(xiii)(d) one justice court judge;
(1)(B)(xiii)(e) one court clerk;
(1)(B)(xiii)(f) one appellate court staff attorney;
(1)(B)(xiii)(g) one representative from the Self-Help Center;
(1)(B)(xiii)(h) the State Law Librarian;
(1)(B)(xiii)(i) the district court administrator or designee;
(1)(B)(xiii)(j) one representative from a legal service organization that serves low-income clients;
(1)(B)(xiii)(k) one paralegal;
(1)(B)(xiii)(l) one educator from a paralegal program or law school;
(1)(B)(xiii)(m) one person skilled in linguistics or communication;
(1)(B)(xiii)(n) one representative from the Utah State Bar; and
(1)(B)(xiii)(o) the LPP administrator.
(1)(B)(xiv) The Committee on Fairness and Accountability performs the duties described in rule 3-420. The committee shall include members who demonstrate an interest in or who have experience with issues of diversity, equity, and inclusion and shall consist of:
(1)(B)(xiv)(a) one district court judge;
(1)(B)(xiv)(b) one juvenile court judge;
(1)(B)(xiv)(c) one justice court judge;
(1)(B)(xiv)(d) one appellate court judge;
(1)(B)(xiv)(e) two former judges from any court level;
(1)(B)(xiv)(f) the General Counsel or designee;
(1)(B(xiv)(g) one representative of the community;
(1)(B)(xiv)(h) the Director of the Office of Fairness and Accountability;
(1)(B)(xiv)(i) the Director of Data and Research or designee; and
(1)(B)(xiv)(j) up to two additional qualified individuals.
(1)(B)(xv) The Working Interdisciplinary Network of Guardianship Stakeholders (WINGS) performs the duties described in rule 3-421, and shall consist of:
(1)(B)(xv)(a) Judiciary representatives:
(1)(B)(xv)(a)(i) two or more district court judges;
(1)(B)(xv)(a)(ii) two or more district court judicial support staff with experience in guardianship matters;
(1)(B)(xv)(a)(iii) one representative from the Guardianship Reporting and Monitoring Program (GRAMP)
(1)(B)(xv)(a)(iv) one representative from the Court Visitor Program; and
(1)(B)(xv)(a)(v) the General Counsel or designee.
(1)(B)(xv)(b) Community stakeholder representatives:
(1)(B)(xv)(b)(i) one representative from Adult Protective Services;
(1)(B)(xv)(b)(ii) one representative from Disability Law Center;
(1)(B)(xv)(b)(iii) one representative from Adult and Aging Services;
(1)(B)(xv)(b)(iv) one representative from Office of Public Guardian;
(1)(B)(xv)(b)(v) one representative from the Utah State Bar;
(1)(B)(xv)(b)(vi) one representative from Office of the Attorney General;
(1)(B)(xv)(b)(vii) one representative from the Utah legislature;
(1)(B)(xv)(b)(viii) one representative from the Utah Commission on Aging;
(1)(B)(xv)(b)(ix) one representative from Utah Legal Services; and
(1)(B)(xv)(b)(x) the Long-Term Care Ombudsman or designee.
(1)(B)(xv)(c) Individual community representatives. Three or more community stakeholders representing:
(1)(B)(xv)(c)(i) mental health community;
(1)(B)(xv)(c)(ii) medical community;
(1)(B)(xv)(c)(iii) private legal community that specializes in guardianship matters;
(1)(B)(xv)(c)(iv) aging-adult services community;
(1)(B)(xv)(c)(v) educator from a legal program or law school;
(1)(B)(xv)(c)(vi) organization serving low-income, minorities, or marginalized communities;
(1)(B)(xv)(c)(vii) citizens under or involved in guardianship; and
(1)(B)(xv)(c)(viii) other organizations with a focus including, but not limited to guardianship, aging, legal services, or disability.
(1)(C) Standing committee chairs. The Judicial Council shall designate the chair of each standing committee. Standing committees shall meet as necessary to accomplish their work. Standing committees shall report to the Council as necessary but a minimum of once every year. Except for the Committee on Judicial Fairness and Accountability, council members may not serve, participate or vote on standing committees. Standing committees may invite participation by others as they deem advisable, but only members designated by this rule may make motions and vote. All members designated by this rule may make motions and vote unless otherwise specified. Standing committees may form subcommittees as they deem advisable.
(1)(D) Committee performance review. At least once every six years, the Management Committee shall review the performance of each committee. If the Management Committee determines that committee continues to serve its purpose, the Management Committee shall recommend to the Judicial Council that the committee continue. If the Management Committee determines that modification of a committee is warranted, it may so recommend to the Judicial Council.
(1)(D)(i) Notwithstanding subsection (1)(D), the Guardian ad Litem Oversight Committee, recognized by Section 78A-6-901, shall not terminate.
(2) Ad hoc committees. The Council may form ad hoc committees or task forces to consider topical issues outside the scope of the standing committees and to recommend rules or resolutions concerning such issues. The Council may set and extend a date for the termination of any ad hoc committee. The Council may invite non-Council members to participate and vote on ad hoc committees. Ad hoc committees shall keep the Council informed of their activities. Ad hoc committees may form sub-committees as they deem advisable. Ad hoc committees shall disband upon issuing a final report or recommendations 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. The state court administrator shall select a member of the administrative staff to serve as the administrator for committee appointments. Except as otherwise provided in this rule, the administrator shall:
(3)(A)(i)(a) announce expected vacancies on standing committees two months in advance and announce vacancies on ad hoc committees in a timely manner;
(3)(A)(i)(b) for new appointments, obtain an indication of willingness to serve from each prospective appointee and information regarding the prospective appointee's present and past committee service;
(3)(A)(i)(c) for reappointments, obtain an indication of willingness to serve from the prospective reappointee, the length of the prospective reappointee's service on the committee, the attendance record of the prospective reappointee, the prospective reappointee's contributions to the committee, and the prospective reappointee's other present and past committee assignments; and
(3)(A)(i)(d) present a list of prospective appointees and reappointees to the Council and report on recommendations received regarding the appointment of members and chairs.
(3)(A)(ii) Council's responsibilities. The Council 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 in this rule, standing committee members shall serve staggered three year terms. Standing committee members shall not serve more than two consecutive terms on a committee unless the Council determines that exceptional circumstances exist which justify service of more than two consecutive terms.
(3)(C) Expenses. Members of standing and ad hoc committees may receive reimbursement for actual and necessary expenses incurred in the execution of their duties as committee members.
(3)(D) Secretariat. The Administrative Office shall serve as secretariat to the Council's committees.