Author: Utah Courts

Posted: November 8, 2022

Rules Governing the Utah State Bar – Effective November 7, 2022

USB14-0705.Admission by motion. Amended as of November 7, 2022, pursuant to UCJA Rule 11-105(5). The amendments restore reciprocity language to the rule.

Since the August 1, 2022 amendments, the Utah State Bar’s Office of Admissions has fielded several inquiries about whether an attorney who is primarily licensed and practicing in a non-reciprocal jurisdiction would now be eligible for admission by motion. These questions appear to arise from the deletion of a reciprocity provision in Rule 14-705. Removing reciprocity requirements was never the intention behind the August amendments. Rather, the intention was to simply recognize that the pandemic created opportunities for remote work. As such, these amendments clarify that a reciprocal admission applicant must have been engaged in the Full-time Practice of Law in the reciprocal jurisdiction, whether remotely or in-person, during the relevant time period.
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Posted: November 1, 2022

Rules of Civil Procedure – Effective November 1, 2022

URCP004. Process. Amend. A community member recognized the slight difference in the language of the rule and the language in the form summons as it relates to default judgments.  Based upon the regular practice with default judgments the Committee proposed a change of the word “will” to “may” in subsection (c)(1)(E).  The rule now reads a “judgment by default may be entered against the defendant.”

URCP043. Evidence. Amend. A proposal was made to change the language of the remote hearing oath outlined in subsection (c) to remove the language “issue (or matter) pending between ___ and ___” to be replaced by the word “matter.”  Particularly for cases in juvenile court where the caption is “State of Utah in the interest of …” the language in the oath is more encompassing if read “evidence you shall give in this matter” when administering the oath.

URCP076. Notice of contact information change. Amend. After review of the rule and publishing for comment twice, the amendments include what information must be provided when contact information changes and to whom notice should be sent.

 

Supreme Court Order

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Posted: October 31, 2022

Supreme Court Rules of Professional Practice – Effective November 1, 2022

CJA11-0581. Sanctions. The amendments clarify that if a lawyer is placed on probation the status of probation is public, but the terms of their probation may be private.

CJA11-0582. Factors to be considered in imposing sanctions. The amendments to Rule 11-582: (1) requires the factfinder to consider the presumptive sanctions set forth in the rules, along with any mitigating and aggravating factors; and (2) adds a section to provide guidance when multiple instances of misconduct are found.

CJA11-0583. Imposition of sanctions. The amendment to Rule 11-583 repeals existing rule 11-583 addressing appropriate sanctions and replaces it with four new rules (rules 11-583 through 11-586) that set forth presumptive sanctions based on the nature of the duty violated.

CJA11-0584. Presumptive sanctions for violating duties owed to the public. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer failed to maintain personal integrity, generally, by committing a criminal act. Additionally, this new rule provides presumptive sanctions for violations of Rule 3.8, Special responsibilities of a prosecutor.

CJA11-0585. Presumptive sanctions for violating duties owed to the legal system. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct prejudicial to the administration of justice. This rule relates to deceit, fraud, misrepresentation, improper communication with individuals in the legal system, and abuse of the legal process.

CJA11-0586. Presumptive sanctions for violating duties owed as a member of the legal profession. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct involving misleading communications about a lawyer or a lawyer’s services, unreasonable or improper fees, unauthorized practice of law, failure to report professional misconduct, and failure to respond to a lawful request from disciplinary authority.

Supreme Court Order for Rules 11-581 and 11-582

Supreme Court Order for Rule 11-583

Supreme Court Order for Rules 11-584, 11-585, and 11-586

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Posted: October 13, 2022

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Posted: October 13, 2022

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Posted: October 11, 2022

Rules of Evidence – Effective November 1, 2022

URE0412. Admissibility of Victim’s Sexual Behavior or Predisposition. AMEND. Rule 412 is amended to clarify that the Rule is applicable to juvenile delinquency proceedings as well as criminal proceedings.

URE0504. Legal Professional – Client. AMEND. Rule 504 is amended to expand the lawyer-client privilege to cover not only confidential client communications with lawyers, but also other legal professionals including licensed paralegal practitioners.

Supreme Court Order

 

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Posted: October 3, 2022

Rules of Appellate Procedure – Effective November 1, 2022

URAP008. Stay or injunction pending appeal.

URAP017. Stay pending review.

URAP023B. Motion to remand for findings necessary to determination of ineffective assistance of counsel claim.

URAP029.  Oral argument.

URAP037.  Suggestion of mootness; voluntary dismissal.

The listed rules were amended to (1) add “or declaration” any time affidavit is mentioned; (2) add an Advisory Committee Note explaining that the term “declaration” refers to the unsworn declaration described in Title 78b, Chapter 18a, Uniform Unsworn Declarations Act; (3) move the reference to the statute in Rule 37 to an Advisory Committee Note so the rules will be consistent; and (4) remove language in Rules 8 and 17 regarding other sworn statements.

Supreme Court Order

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Posted: September 19, 2022

Code of Judicial Administration – Effective November 1, 2022

CJA04-0206. Exhibits. (Amend). For clarification purposes, “biological evidence” has been added to the non-exhaustive list of exhibits that will remain in the custody of parties during trial and a reference to Title 53, Chapter 20, Forensic Biological Evidence Preservation, has been added to paragraph (5) to draw parties’ attention to their responsibilities regarding disposal of biological evidence.

CJA09-0107. Justice court technology, security, and training account. (Amend). Following the creation of the Budget and Fiscal Management Committee, the approval process for allocations from the Justice Court Technology, Security and Training Account was modified. The approved amendments codify a change in practice that was implemented a few years ago.

Judicial Council Order

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Posted: September 19, 2022

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Posted: August 24, 2022

Code of Judicial Administration – Effective October 1, 2022

CJA04-0208.  Automated case processing procedures. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments authorize the Administrative Office of the Courts to develop a process for issuing automated orders in deferred traffic prosecution cases, similar to the clean slate expungement process. Removes definitions of terms that are not included in the rule.

CJA03-0108. Judicial assistance. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the presiding officer of the Council to appoint a district court presiding judge as the signing judge for deferred traffic prosecution orders in all district courts within the presiding judge’s district with jurisdiction over eligible cases.

CJA04-0403. Electronic signature and signature stamp use. (AMEND) HB 139, deferred traffic prosecution, goes into effect on October 1, 2022. The amendments allow the electronic signature of a judge to be automatically affixed to orders related to deferred traffic prosecution cases.

Judicial Council Order

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