Intent:

To establish clear and uniform definitions of words used in this Code.

Applicability:

These definitions shall apply to all rules adopted by the Judicial Council.

Statement of the Rule:

(1) Unless the context indicates otherwise, as used in this Code:

(A) "Administrative Office" means Office of the State Court Administrator.

(B) "Administrative Staff" means employees of the judiciary who are authorized to perform and responsible for performing administrative functions.

(C) "Board" means one or more of the Boards of Judges established by this Code.

(D) "Chair" means the presiding officer of a board of judges.

(E) "Code" means the Code of Judicial Administration and may be cited as CJA.

(F) "Council" means the Utah Judicial Council as established by Article VIII, Section 12 of the Utah Constitution.

(G) "Court" means an entire jurisdictional system and not any geographic division thereof.

(H) "Court Executives" means the chief administrative officer of the local courts and the clerks of the appellate courts.

(I) "Courts of Record" means those courts in which the judges have the qualifications required by Article VIII, Section 7 of the Utah Constitution, are selected in the manner prescribed by Article VIII, Section 8 of the Utah Constitution, and are retained in the manner prescribed by Article VIII, Section 9 of the Utah Constitution. The following are courts of record: the Supreme Court, the Court of Appeals, the district courts, and the juvenile courts.

(J) "Courts not of Record" means those courts in which the judges have the qualifications established by the Legislature and are selected in a manner prescribed by the Legislature under the authority of Article VIII, Section 11 of the Utah Constitution. Justice courts are courts not of record.

(K) "Final action" means the vote of the council adopting, amending, or repealing a rule or resolution.

(L) "Judge" includes justices and judges of courts of record and courts not of record.

(M) "Judicial Officer" means an officer of the court who is a judge or justice and has the authority to decide causes or issues between parties and render decisions in a judicial capacity.

(N) "Judiciary" means the entire judicial branch of government including justices, judges, court commissioners, referees, hearing officers, court reporters, clerical and administrative staff and central, local, and line staff.

(O) "Local Supplemental Rules" means those rules governing the administration of the judiciary which have been adopted by the local courts in accordance with the provisions of this Code.

(P) "Policy" means the general principles for the government of the Judiciary.

(Q) "Presiding Officer" means the chief justice of the Supreme Court as the presiding officer of the council.

(R) "Quasi-judicial Officer" means court commissioners and court referees.

(S) "Quorum" means a majority of the members of the Judicial Council, Board, committee or other body.

(T) "Resolution" means a formal statement of the opinion of the council.

(U) "Rule" means a standard, guideline, or directive issued by the council concerning a matter of policy.

(V) "Secretariat" means the clerical and administrative staff to the Council, the Boards and the Council's executive, ad hoc and standing committees.

(2) Unless the context indicates otherwise, as used in this Code the singular includes the plural, and the plural the singular; the masculine includes the feminine, and the feminine the masculine.

(3) Any rule of the council, insofar as the rule is identical to an existing policy of the council, shall be construed as a continuation of such policy and not as a new enactment.

Intent:

To identify the Council as the principal authority for the administration of the judiciary.

To identify the Council or its designee as the sole authority for establishing and representing the official position of the judiciary on issues within the jurisdiction of the Council.

To establish general guidelines to assist the Council in establishing policy.

Applicability:

This rule shall apply to all rules and resolutions considered or adopted by the Council.

This rule shall apply to the Council and the Boards.

Statement of the Rule:

(1) As established by the Constitution of Utah, the Council is the principal authority for the administration of the judiciary.

(2) The Council or its designee is the sole authority for establishing and representing the official position of the judiciary on issues within the jurisdiction of the Council. The Council has the responsibility to seek the advice and recommendations of the Boards on such issues and, when appropriate, to delegate to a board, Council committee or Court Administrator the authority to make an official public statement.

(3) Consistent with the status of the judiciary as a co-equal branch of government, the Council is committed to developing uniform policies to achieve the following objectives:

(A) providing the people an open, fair, efficient, and independent system for the advancement of justice under the law;

(B) attracting and retaining qualified judges;

(C) improving the opportunity for and the quality of continuing education for judges and staff;

(D) identifying and solving on a continuing basis the priority problems facing the judiciary; and

(E) assuring that the judiciary keeps pace with legal, social, political, demographic, and technical developments.

Intent:

To establish the manner of election of Council members as authorized by statute.

To establish the procedure for filling a vacancy on the Council as authorized by statute.

Applicability:

This rule shall apply to all elected members of the Council. This rule shall not apply to the Chief Justice of the Supreme Court.

This rule shall apply to the Boards of Judges and the Board of Commissioners of the Utah State Bar.

As used in this rule, unless the context indicates otherwise, "Board" includes the Boards of Judges and the Board of Commissioners of the Utah State Bar.

Statement of the Rule:

(1) The composition of the Council, the term of office of elected Council members, and the electorate of elected Council members shall be as prescribed by law.

(2) Term. The term of office of all elected Council members shall begin with the Council meeting immediately following the annual judicial conference. No person shall serve on the Judicial Council for more than two consecutive three-year terms plus the remainder of any unexpired portion of a term.

(2) Election. Election of judicial members of the Council shall take place during the annual judicial conference at the business meeting of each respective court. Election of the representative of the Utah State Bar shall take place at a regularly scheduled meeting of the Board of Commissioners.

(3) Vacancies

(3)(A) Judges.If a vacancy exists for a judicial member of the Council who represents a trial court, the Board for the court represented by that seat shall appoint a judge to serve on the Council until the next judicial conference. At such conference, the judges shall elect a member to the Council to serve for the unexpired portion of the original term. If a judicial member of the Council who represents an appellate court is unable to complete a term of office, the members of that court shall appoint a judge to serve on the Council until the expiration of the vacated term.

(3)(B) Bar representative. If the representative of the Utah State Bar is unable to complete a term of office, the Board of Commissioners shall elect a member or ex officio member of the Board of Commissioners to serve for the unexpired portion of the original term.

(4) Board nomination procedures. The Boards shall develop procedures for the nomination and election of Council members and shall certify to the Council the names of the members elected. The Boards shall give due regard to geographic representation, security of the election, timely publication of Council vacancies or expired terms, and ease of administration.

(5) Meeting attendance. When a judicial member of the Council is unable to attend a Council meeting, that member may designate a judge from the same level of court to attend the Council meeting and observe the proceedings. When the representative of the Utah State Bar is unable to attend a Council meeting, that member may designate a member or ex officio member of the Board of Commissioners to attend the Council meeting and observe the proceedings. The designee shall be provided with a copy of the Council agenda and other meeting materials, and may attend the open and closed sessions of the meeting. The designee may participate in the general discussion of agenda items but may not make motions or vote on Council issues.

(6) Expenses. Council members or their designated substitutes may be reimbursed for actual and necessary expenses incurred in the execution of their duties as Council members.

(7) Board membership. Council members may not serve as voting members of a Board of Judges of a trial court or serve as members of the standing committees of the Council, except for the Standing Committee on Judicial Fairness and Accountability. The representative of the Utah State Bar may vote at meetings of the Board of Commissioners if permitted to vote under rules governing the conduct of the Board of Commissioners.

Intent:

To establish the leadership and staff of the Council.

Applicability:

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

Statement of the Rule:

(1) The Chief Justice of the Supreme Court is the presiding officer of the Council.

(2) The Council may elect a vice-chairperson to conduct meetings of the council when the Chief Justice is absent.

(3) The Administrative Office shall serve as secretariat to the Council.

Intent:

To identify the responsibilities of the Chief Justice as the presiding officer of the Council.

Applicability:

This rule shall apply to the judiciary.

Statement of the Rule:

It is the responsibility of the presiding officer to:

(1) preside at meetings of the Council;

(2) supervise the implementation of Council policies;

(3) serve as chief spokesperson for the judiciary;

(4) supervise the state court administrator;

(5) supervise the administration of the judiciary;

(6) approve the establishment of and appointment to positions subordinate to the state court administrator; and

(7) perform such other duties as prescribed by law or delegated by the Council.

Intent:

To establish executive committees of the Council.

To identify the responsibility and authority of the executive committees.

To identify the membership and composition of the executive committees.

To establish procedures for executive committee meetings.

Applicability:

This rule shall apply to the judiciary.

Statement of the Rule:

(1) Executive Committees. The following executive committees of the Council are hereby established:

(1)(a) the Management Committee;

(1)(b) the Policy, Planning, and Technology Committee;

(1)(c) the Liaison Committee; and

(1)(d) the Budget and Fiscal Management Committee.

(2) Management Committee. The Management Committee shall be comprised of at least four Council members, one of whom shall be the Presiding Officer of the Council. Three Committee members constitute a quorum. The Presiding Officer of the Council or Presiding Officer's designee shall serve as the Chair. When at least three members concur, the Management Committee is authorized to act on behalf of the entire Council when the Council is not in session and to act on any matter specifically delegated to the Management Committee by the Council. The Management Committee is responsible for managing the agenda of the Council consistently with Rule 2-102 of this Code. The Management Committee is responsible for deciding procurement protest appeals.

(3) Policy, Planning, and Technology Committee. The Policy, Planning, and Technology Committee shall recommend to the Council periodic and long term planning efforts as necessary for the efficient administration of justice, and shall research and make recommendations regarding any matter referred by the Council. The Committee shall recommend to the Council new and amended rules for the Code of Judicial Administration, new and amended policies for the Human Resource Policies and Procedures Manual, pursuant to Rule 3-402, and new or amended technology policies and priorities.

(3)(A) Technology Core Teams. Each court level shall establish a Technology Core Team to review and prioritize requests impacting technology associated with court level applications. Core Teams should include representatives from each judicial district, where applicable, and may consist of a combination of the following positions:

(3)(A)(i) Appellate Court Core Team:

(3)(A)(i)(a) Appellate Court Administrator;

(3)(A)(i)(b) Clerk of Court;

(3)(A)(i)(c) appellate court judge;

(3)(A)(i)(d) Appellate Court Coordinator; and

(3)(A)(i)(e) IT staff.

(3)(A)(ii) District/Justice Court Core Team:

(3)(A)(ii)(a) District Court Administrator or designee(s);

(3)(A)(ii)(b) Justice Court Administrator or designee(s);

(3)(A)(ii)(c) Clerk of Court;

(3)(A)(ii)(d) Trial Court Executive;

(3)(A)(ii)(e) district court judge;

(3)(A)(ii)(f) justice court judge;

(3)(A)(ii)(g) Team Manager;

(3)(A)(ii)(h) Case Manager;

(3)(A)(ii)(i) Judicial Assistant;

(3)(A)(ii)(j) Training Coordinator;

(3)(A)(ii)(k) IT staff; and

(3)(A)(ii)(l) local justice court administrator.

(3)(A)(iii) Juvenile Court Core Team:

(3)(A)(iii)(a) Juvenile Court Administrator or designee(s);

(3)(A)(iii)(b) Clerk of Court;

(3)(A)(iii)(c) Trial Court Executive;

(3)(A)(iii)(d) Chief Probation Officer;

(3)(A)(iii)(e) Probation Supervisor;

(3)(A)(iii)(f) Probation Officer;

(3)(A)(iii)(g) Team Manager;

(3)(A)(iii)(h) Case Manager;

(3)(A)(iii)(i) Judicial Assistant;

(3)(A)(iii)(j) Training Coordinator;

(3)(A)(iii)(k) juvenile court judge; and

(3)(A)(iii)(l) IT staff.

(3)(B) Technology Prioritization Subcommittee. A Technology Prioritization Subcommittee is hereby established. Members shall be designated by each Core Team and shall consist of no more than two members from each Team. A current or former member of the Policy, Planning, and Technology Committee shall be a non-voting member. Each Core Team may submit technology requests associated with court level applications to the Technology Prioritization Subcommittee. The prioritization subcommittee shall come to an agreement on the percentage of work allotted for each court level. The percentage relates to development staff compensated by general funds. Technology requests from Core Teams should fall within the work allotted to that court level for that year, unless the work requested is required by legislative or rule changes. The prioritization subcommittee may review and consider exceptions to this standard. The prioritization subcommittee will make recommendations to the Policy, Planning, and Technology Committee.

(3)(C) Technology Advisory Subcommittee. A Technology Advisory Subcommittee is hereby established. The advisory subcommittee shall be available to the Chief Information Officer, Core Teams, Technology Prioritization Subcommittee, and the Policy, Planning, and Technology Committee to provide feedback and recommendations on statewide technology services, including but not limited to, device standards, email, and bandwidth. The advisory subcommittee shall consist of:

(3)(C)(i) one district court judge;

(3)(C)(ii) one juvenile court judge;

(3)(C)(iii) one appellate court judge;

(3)(C)(iv) one justice court judge;

(3)(C)(v) one district court Trial Court Executive

(3)(C)(vi) one juvenile court Trial Court Executive;

(3)(C)(vii) one district court Clerk of Court;

(3)(C)(viii) one juvenile court Clerk of Court;

(3)(C)(ix) one local justice court administrator;

(3)(C)(x) each court level administrator or their designee(s);

(3)(C)(xi) one Chief Probation Officer;

(3)(C)(xii) the Chief Information Officer or designee;

(3)(C)(xiii) the Court Security Director; and

(3)(C)(xiv) one current or former member of the Policy, Planning and Technology Committee.

(4) Liaison Committee. The Liaison Committee shall recommend to the Council legislation to be sponsored by the Council. The committee shall review legislation affecting the authority, jurisdiction, organization or administration of the judiciary. When the exigencies of the legislative process preclude full discussion of the issues by the Council, the Committee may endorse or oppose the legislation, take no position or offer amendments on behalf of the Council.

(5) Budget and Fiscal Management Committee. The Budget and Fiscal Management Committee shall review court budget proposals, recommend fiscal priorities and the allocation of funds, and make recommendations to the Council regarding budget management and budget development in accordance with Rule 3-406.

(6) Members. Members of the executive committees must be members of the Council. Each executive committee shall consist of at least three members appointed by the Council to serve at its pleasure. The members of the Policy, Planning, and Technology Committee, the Budget and Fiscal Management Committee, and the Liaison Committee shall elect their respective chairs on a schedule deemed appropriate by each Committee. Chairs must be members of the Council.

(7) Meetings and Judicial Council Reports. Each committee shall meet as often as necessary to perform its responsibilities, but a minimum of four times per year. Each committee shall report to the Council as necessary.

(8) Staff. The Administrative Office shall provide staff support to the executive 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.

Intent:

To increase the level of participation of the courts and local judges in the development of policy for the judiciary.

To increase the level of communication between the Council and the local judges.

To provide a mechanism for supervising the implementation of Council policy.

To provide standards for the composition of the Boards that will assure thorough debate of the issues and minimize the expense of judge-hours spent away from the court.

Applicability:

This rule shall apply to all Boards of Judges.

Statement of the Rule:

(1) To meet the objectives of the Council as set forth in this Code and the responsibilities of the Council as defined by law, the following Boards of Judges are established:

(A) the Board of Appellate Court Judges;

(B) the Board of District Court Judges;

(C) the Board of Juvenile Court Judges;

(D) the Board of Justice Court Judges; and

(E) the Board of Senior Judges.

(2) Subject to the approval of the Council, the size and composition of each Board shall be determined by the judges of the respective courts in accordance with the following standards:

(A) The Boards of the trial courts shall be comprised of members whose representation is substantially proportional to the population and geographic diversity of the court on which they serve.

(B) All Boards shall be limited in size to maintain the manageability of the Board and to minimize the negative impact on daily court operations.

Intent:

To delegate the authority for the election of members and leaders of the various Boards to the Boards themselves or to the judges of the respective courts.

To minimize the costs of organization and administration of the Boards by coordinating the election of members of all Boards.

Applicability:

This rule shall apply to all Boards of Judges, except the Board of Senior Judges.

Statement of the Rule:

(1) Term – Election.The judges of the respective courts shall determine an appropriate term of office for the members of their Board. Election to the Board of a court of record shall take place at the annual judicial conference. Election to the Board of Justice Court Judges shall take place at the annual spring training conference. After an election or upon any change in membership, each Board shall certify to the Council the names of its members.

(2) Membership.Judicial Council members may not serve as voting members of a Board of Judges of a trial court.

(3) Chair – Officers.Each Board shall establish the position of chair of the Board and other positions of leadership as the Board deems appropriate. Each Board shall establish the term and manner of election to such offices. Each Board shall certify to the Council the names of the chair and other officers of the Board.

(4) Secretariat.The Administrative Office shall serve as secretariat to the Boards.

(5) Expenses.Members of the Boards may receive reimbursement for actual and necessary expenses incurred in the execution of their duties as members.

Intent:

To provide the minimum standards and requirements for the operation of the Boards.

To establish the minimum requirements for liaison with the Council.

Applicability:

This rule shall apply to all Boards of Judges, except the Board of Senior Judges.

Statement of the Rule:

(1) The meetings of the Boards shall be closed unless opened by the chair of the Board.

(2) Each Board shall keep minutes of its meetings. The minutes shall not be open to public inspection.

(3) Each Board shall meet as necessary to accomplish its work, but the Board of District Court Judges, Board of Juvenile Court Judges, and Board of Justice Court Judges shall meet a minimum of once every three months. Each Board shall report to the Council as necessary, but the Board of District Court Judges, Board of Juvenile Court Judges, and the Board of Justice Court Judges shall report to the Council a minimum of once every six months.

Intent:

To delegate to the Boards appropriate authority for administration of the courts.

To identify the responsibility of the Boards:

(1) to adopt administrative rules in accordance with the standards and guidelines of the Council and subject to ratification by the Council;

(2) to propose rules of procedure and evidence to Supreme Court Advisory Committees;

(3) to coordinate the adoption of local supplemental rules;

(4) to advise the Council;

(5) to supervise the implementation of Council policies;

(6) to serve as liaison between the local courts and judges and the Council;

(7) to develop state-wide master plans for budget and legislative priorities; and

(8) to assure that the Council, as the ultimate authority for the administration of the judiciary, controls the direction of policy development by ratification of the rules of the Boards.

Applicability:

This rule shall apply to all Boards, except the Board of Senior Judges. This rule may be supplemented by a specific grant of authority to a particular Board.

Statement of the Rule:

(1) All rules of the Boards shall be subject to ratification by the Council. The Council may ratify a rule of a Board without a 45-day comment period. Rules of the Boards shall not be inconsistent with the rules, standards, and goals established by the Council or the rules of the Supreme Court and shall not be inconsistent with law.

(2) Each Board shall develop uniform rules for the operation of its respective court in accordance with standards and goals established by the Council.

(3) Each Board shall distribute its proposed rules to affected agencies and individuals for comment prior to adoption.

(4) Each Board shall present its adopted rules to the Council for ratification. The rules of the Boards shall be printed in this Code, shall be in a format identical to that prescribed by this Code and shall be numbered sequentially to facilitate publication and reference.

(5) Each Board may submit to the Council recommendations for legislation or rules.

(6) Each Board shall study and make recommendations concerning issues referred by the Council.

(7) Each Board shall develop and recommend to the Council budget and legislative priorities for its courts.

(8) The Board of District Court Judges and the Board of Juvenile Court Judges shall meet with the presiding judges of the districts at least annually.

(9) The state court administrator shall submit for approval to the Board the name of the appointee to the position of state level administrator for that court.

(10) Each Board shall be responsible for informing the judges of its respective court of an invitation by the Council to comment upon a proposed Council rule or any other action by the Council.

(11) The Boards shall have such other authority and responsibility as delegated by the Council.

Intent:

To establish a Board of Senior Judges consisting of senior justices and senior judges of courts of record.

To prescribe the composition of the Board's membership, the method of selection of Board members, the members' terms of office, the Board's officers, the procedures to be followed in the event of vacancies, the frequency of Board meetings, and the procedures to be followed in the conduct of Board meetings.

To increase the level of participation of senior justices and senior judges in the development of policy for the judiciary.

To improve communication between the Council and senior justices and senior judges.

Applicability:

This rule shall apply to the Board of Senior Judges.

Statement of the Rule:

(1) For purposes of this rule, "senior judge" means active senior justice or active senior judge.

(2) Board of senior judges.

(2)(A) Establishment. There is established a Board of Senior Judges.

(2)(B) Membership. The Board shall be comprised of five activesenior judges, elected at the annual judicial conference senior judge business meeting, by all senior judges who are in attendance.

(2)(C) Election. The senior judges present at the business meeting shall constitute a quorum. Nominations for Board positions may be made by any senior judge. All senior judges present at the meeting shall be entitled to vote for members of the Board.

(2)(D) Terms. The terms of the Board members shall be two-years. A Board member shall not serve more than two consecutive terms and the remainder of a predecessor’s term.

(2)(E) Vacancies. If a vacancy occurs for any reason on the Board, the Board shall elect a replacement for the unexpired term of the vacancy.

(3) Board officers.

(3)(A) Establishment. There shall be a chair and vice-chair of the Board. Both the chair and vice chair shall be active senior judges.

(3)(B) Election. The chair and vice chair shall be elected by the Board members.

(3)(C) Chair and vice chair's term. The chair and vice-chair shall be elected to serve a one-year term, effective immediately after the annual judicial conference. The year following election as the vice chair shall assume the chair position. A new vice chair shall be appointed each year.

(3)(D) Chair and vice chair's responsibilities. The chair shall preside over all meetings of the Board and the annual judicial conference senior judge business meeting, and shall perform other duties as set forth in this Code and as directed by the Board. The vice-chair shall serve as chair in the absence of the chair or at the request of the chair.

(3)(E) Vacancy in office of chair or vice chair. In the event that the chair resigns or leaves the Board for any reason, the vice-chair shall become chair, serving both the unexpired term of the chair and the full term as chair. In the event that the vice-chair resigns from the Board for any reason, a new vice-chair shall be elected by the Board from among its members to serve the unexpired term of the vice-chair and to succeed as chair as otherwise provided in this rule. Voting and replacement of the vice chair may be conducted by e-mail if a replacement is needed before the next annual judicial conference.

(3)(F) Secretariat services. The Administrative Office shall serve as secretariat to the Board.

(3)(G) Board responsibility. The Board shall exercise such authority and assume such responsibility as delegated by the Council.

(4) Meetings of the Board.

(4)(A) The Board shall meet not less than once a year to transact any and all business that is within its jurisdiction.

(4)(B) The Board shall rule by majority vote. All Board members have the right to vote. Three members of the Board constitute a quorum.

Effective June 28, 2021