Category: CJA03-0414

Code of Judicial Administration – Effective November 1, 2018

CJA03-0401. Office of General Counsel.  Amend.  Deletes certain unnecessary and outdated provisions.  Removal of the language in lines 39-42 does not abdicate Judges’ responsibility to make their own decisions pursuant to the Code of Judicial Conduct.

CJA03-0414. Court Security.  Amend.  Allows the Court Security Director to possess a firearm and ammunition in a courthouse when qualified.

CJA04-0202.03. Records Access.  Amend.  Allows for access to certain records for Licensed Paralegal Practitioners.  Allows access to juvenile court social records by entities or individuals providing services to juveniles.

CJA04-0202.09. Miscellaneous.  Amend.  Adds specific requirements for records access requests for email correspondence.  Corrects previous publication error regarding Tax-related Records and removal of language requiring certification of omitting / redacting all non-public information from the record.

CJA04-0403. Electronic Signature and Signature Stamp Use.  Amend.  Adds “orders appointing a court visitor” to the list of documents on which a clerk may use a judge’s signature stamp, with prior approval from a judge or commissioner.

CJA04-0701. Failure to Appear.  Amend.  Deletes the reference to failures to appear as a separate offense pursuant to S.B. 58, which eliminated the crime of failure to appear on a citation.

Judicial Council Order

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Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Changes the name of the Court Interpreter Committee to the Language Access Committee.
CJA 02-0206. Effective date of rules. Amend. Designates May 1 and November 1 as the presumed effective date of Judicial Council rules.
CJA 03-0306. Court interpreters. Amend. Creates a complaint process for failure to follow the requirements of the rule. Clarifies that Rule 3-306 is not authority to charge for language access costs. Cites the competing authority of federal and state law. Recognizes interpreter credentials from other states. Requires staff to be acting within the scope of human resource policies and procedures, which includes qualifications for a second language stipend, before engaging in a first-hand conversation with a person of limited English proficiency.
CJA 03-0402. Human resources administration. Amend. Changes the name of the career service review board to the grievance review panel.
CJA 03-0414. Court security. Amend. The amendment removes a reference to proselytizing that arguably limits the scope of the restriction on demonstrating or pamphleteering in a courthouse.
CJA 04-0110. Transfer of juvenile cases from district and justice courts to the juvenile court. Amend. Technical change, recognizing that Section 78A-7-106 governs transfer of cases from justice court to juvenile court.
CJA 04-0202.02. Records classification. Amend. Classifies the addendum to an appellate brief in a case involving termination of parental rights or adoption as a private record. Establishes the classification of a “safeguarded” record and which records are safeguarded records. Describes when jurors’ names are public, private or safeguarded.
CJA 04-0202.03. Records access. Amend. Describes who has access to safeguarded records. Modifies who has access to the juvenile court social file.
CJA 04-0403. Signature stamp use. Amend. Deletes acceptance of pleas in abeyance from the list of documents on which the clerk can sign for the judge with a signature stamp.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Makes Morgan District Court a state operation. Effective November 1, 2013 under Rule 2-205. Subject to change after the comment period.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. Amend. Includes juvenile court within the guidelines of the rule.
CJA 04-0610. Appointment of justice court judges to preside at first appearances, preliminary hearings and arraignments. Amend. Technical amendment.
CJA 04-0906. Guardian ad litem program. Amend. Further amendments approved as a result of comments to the 7/1/2013 amendments.
CJA 07-0304. Probation supervision. Amend. Eliminates the description of supervision and correction plans from the rule.

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Code of Judicial Administration

CJA 03-0408. Inventory. Amend. Deletes procedures that are no longer required.
CJA 03-0414. Court security. Amend. Removes from the rule certain architectural features for court facilities. Transfers some responsibilities from the TCEs and the Judicial Council to the Court Security Director. Regulates access keys and cards. Prohibits demonstrations inside a courthouse. Technical amendments.
CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA 04-0510.01 Alternative dispute resolution definitions. Renumber and amend. Replaces paragraph (1) of Rule 4-510. Retains the same definition of terms.
CJA 04-0510.02 Responsibilities of the Director and Administrative Office of the Courts. Renumber and amend. Replaces paragraphs (2) and (4)(A) of Rule 4-510. Retains the same responsibilities for program administration.
CJA 04-0510.03. Qualification of ADR providers. Renumber and Amend. Replaces paragraph (3) of Rule 4-510. Retains the same qualifications for ADR providers.
CJA 04-0510.04. ADR training. Renumber and Amend. Replaces paragraph (4) of Rule 4-510. Retains the same training qualifications and requirements.
CJA 04-0510.05 Referral of civil actions. Renumber and amend. Replaces paragraphs (5) through (16) of Rule 4-510.Modifies how cases involved in ADR are handled. Eliminates the requirement to view the ADR video.
CJA 04-0510.06 Cases exempt from ADR rules. Renumber and amend. Replaces the “Applicability” section Rule 4-510. Identifies the casetypes excluded from the ADR rules.
CJA 04-0704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Allows clerks to dismiss citations as permitted in the Uniform Fine/Bail Schedule.
CJA 04-0904. Informal trial of support, custody and parent-time. New. Provides for an optional informal trial in which the parties present their cases in narrative form with questions by the judge.
CJA 04-0907. Mandatory divorce education. Amend. Simplifies policy on access to divorce orientation courses and divorce education courses.
CJA 06-0401. Domestic relations commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.
CJA 06-0601 Mental health commissioners. Amend. Makes amendments to conform to Rule of Civil Procedure 108.
CJA 07-0307. Use of money in the restitution fund. Amend. Allows the trial court executive to spend up to $250 without approval by the juvenile court administrator.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

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Code of Judicial Administration

CJA 01-304. General authority and duties. Amend. Correct references to former Utah Code Title 78.
CJA 03-104. Presiding judges. Amend. Correct references to former Utah Code Title 78.
CJA 03-201. Court commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 03-306. Court Interpreters. Amend. Correct references to former Utah Code Title 78.
CJA 03-412. Procurement of goods and services. Amend. Correct references to former Utah Code Title 78.
CJA 03-413. Judicial library resources. Amend. Deletes references to materials no longer published.
CJA 03-414. Court security. Amend. Correct references to former Utah Code Title 78.
CJA 04-201. Record of proceedings. Amend. Correct references to former Utah Code Title 78.
CJA 04-203. Designating a case as historically significant. New. Establishes a process by which a person can request that a case be designated as historically significant. Records in historically significant cases will be retained permanently.
CJA 04-301. Trust Accounts. Amend. Correct references to former Utah Code Title 78.
CJA 04-302. Uniform recommended fine/bail schedule. Amend. Correct references to former Utah Code Title 78.
CJA 04-401. Media in the courtroom. Amend. Permits audio and video transmissions from the courtroom. Prohibits photographing documents and exhibits not in the public record. Clarifies that the judge can control areas adjacent to the courtroom without automatic restrictions.
CJA 04-404. Jury selection and service. Amend. Correct references to former Utah Code Title 78.
CJA 04-405. Juror and witness fees and expenses. Amend. Correct references to former Utah Code Title 78.
CJA 04-408.01. Responsibility for administration of trial courts. Amend. Correct references to former Utah Code Title 78.
CJA 04-510. Alternative dispute resolution. Amend. Correct references to former Utah Code Title 78.
CJA 04-801. Transfer of small claims cases. Amend. Correct references to former Utah Code Title 78.
CJA 06-101. The Board of District Court Judges. Amend. Prohibits a judge who is substituting for a Board member from making or voting on motions.
CJA 06-401. Domestic relations commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 07-102. Duties and authority of Juvenile Court Commissioners. Amend. Correct references to former Utah Code Title 78.
CJA 07-302. Social studies. Amend. Correct references to former Utah Code Title 78.
CJA 07-305. Reviews. Amend. Correct references to former Utah Code Title 78.
CJA 09-103. Certification of educational requirements. Amend. Correct references to former Utah Code Title 78.
CJA 09-104. Salary recommendations. Amend. Correct references to former Utah Code Title 78.
CJA 10-1-304. Blanket bonds. Amend. Correct references to former Utah Code Title 78.
Chapter 11. Article 1. Advisory Committees and the Rulemaking Process. Amend. Creates from Rule 11-101 a series of rules. Each rule regulates a particular topic in the rulemaking process.
CJA 11-101. Creation and Composition of Advisory Committees. Amend. Adds a provision that committee members are officers of the court and not representatives of any interest.
CJA 11-102. Advisory Committee Procedures. New. Adds quorum and voting requirements.
CJA 11-103. Rulemaking Procedures. New. Recognizes reliance on written comments.
CJA 11-104. Procedures Pertaining to the Practice of Law. New. Technical amendments.
CJA 11-105. Supreme Court Action on Rule Modifications. New. Adds distribution and comment provisions to rule amendments initiated by the Supreme Court.
CJA 11-106. Rule Distribution Process. New. Adds a distribution and publication provision.
CJA Appx A. Manual of Procedures for Judicial Nominating Commissions. Amend.
CJA Appx F. Utah State Court Records Retention Schedule. Amend. Establishes a retention period for email.

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Code of Judicial Administration

CJA 03-406. Budget and fiscal management. Amend. Permit greater discretion in defining budget programs. Effective November 1, 2006.
CJA 03-414. Court security. Amend. Permit private security agents transporting money to be armed. Effective April 24, 2006.
CJA 04-202.08 Fees for records, information, and services. Amend. Reduces to cost per Xchange search after 200 searches from $.20 to $.10. Effective August 1, 2006. Approved as an expedited amendment under Rule 2-205. Subject to further change after the comment period.
CJA 04-404. Jury selection and service. Amend. Differentiates between excuse from jury service and postponement. Modifies the qualification process to enable qualifying on the web. Eliminates demographic information from the qualification questions. Deletes requirement that an excused juror be called in the next term. Effective November 1, 2006.
CJA 06-303. Collection of fines and restitution. Amend. Corrects references from Office of Recovery Services and Department of Corrections to Office of State Debt Collection. Effective November 1, 2006.
CJA 10-1-303. Parent-time enforcement mediation. New. To establish a policy regarding Expedited Parent-time Enforcement Pilot Program. Effective November 1, 2006.
CJA 10-1-501. Orders to show cause. New. The rule describes the process for requesting an order to show cause in the Fifth District Court. Effective November 1, 2006.
CJA 10-1-801. Fax filings. New. Prohibits most fax filings in the Eighth District Court. Effective November 1, 2006.
CJA Appx F. Record Retention Schedule. Amend. Retain search warrants not associated with a case for five years. Effective November 1, 2006.
Judicial Council Minutes.

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Code of Judicial Administration

CJA 03-414. Court security. Amend. Correct statutory references.
CJA 04-202.08. Fees for records, information, and services. Amend. Establishes the fee for delivery of documents by outgoing fax.
CJA 07-301. Intake. Amend. Delete erroneous reference to non-judicial adjustment as including a surcharge.
CJA 10-1-302. Limits on fax filing. New. Prohibits fax filing in Third District Court except in limited situations. Effective February 1, 2006
Judicial Council Minutes.
CJA 11-302. Admission pro hac vice. Amend. Exempts from the fee for admission pro hac vice attorneys representing the U.S. government and those representing indigent defendants on a pro bono basis.
Supreme Court Order.

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