Author: Utah Courts

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Rules of Juvenile Procedure – Effective September 27, 2021

URJP005. Definitions. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021) and updated the definition of “ungovernability” to align with H.B. 285.

URJP007. Warrants. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (b)(6) regarding runaway minors to align with H.B. 285, added a statutory reference to the authority a probation officer has to take into custody a minor who violates a condition of probation, and clarified that “custody” is “temporary custody.”

URJP050. Presence at hearings. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021). Modified the language in subsection (f) to conform with proposed changes the Advisory Committee on the Rules of Civil Procedure made to Civil Rule 24 involving tribal intervention and participation in Indian Child Welfare Act cases.

URJP060. Judicial bypass procedure to authorize minor to consent to an abortion. Amended. Updated statutory references affected by H.B. 285 Juvenile Code Recodification (2021).

Supreme Court Order

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Code of Judicial Administration – Effective November 1, 2021

CJA01-0205. Standing and ad hoc committees (AMEND)

The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.

CJA03-0415. Auditing (AMEND)

The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA03-0419. Office of Fairness and Accountability (NEW)

Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.

CJA04-0206. Exhibits (AMEND)

The approved amendments address custody, disposal, and storage of physical and electronic evidence.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND)

The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.

CJA07-0302. Court reports prepared for delinquency cases (AMEND)

The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.

Judicial Council Order

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Rules Governing the Utah State Bar – Effective November 1, 2021

USB14-0802. Authorization to practice law. Amend. The rule will now allow an LPP to stand or sit with their client during a proceeding to provide emotional support, answer factual questions as needed that are addressed to the client by the court or opposing counsel, take notes, and assist the client to understand the proceeding and relevant orders. This amendment differs from what circulated for comment by clarifying and limiting the scope of the LPP’s assistance at counsel table.

Supreme Court Order

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Rules of Appellate Procedure – Effective November 1, 2021

URAP015. Petitions for review in tax cases. Amend. The amendments to Rule 15: (1) remove the statutory citations in 15(a) and (c); (2) rework the language in 15(c); and (3) clean up other language for clarity and consistency.

URAP043. Certification by the Court of Appeals to the Supreme Court. Amend. The amendments to Rule 43: (1) change the due date from 10 days to 14 days in 43(b)(1); (2) comport the rule with Standing Order No. 11; and (3) clean up other language for clarity and consistency.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioners – Effective June 3, 2021

URGLPP15-0703. Qualifications for licensure as a Licensed Paralegal Practitioner. Amend. The rule omits reference to the repealed Limited Time Waiver and adds clarity to the qualifying degrees and certifications under the education portion of the eligibility requirements.

URGLPP15-0705. Limited time waiver. Repeal. As of May 1, 2021, the Limited Time Waiver has expired. The Waiver was slated to expire three years from the date which the Bar began accepting applications for the Licensed Paralegal Practitioner, which began in spring 2019.

Supreme Court Order

 

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