Category: CJA04-0202.03

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  Deletes certain unnecessary and outdated provisions.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 04-0202.02. Records classification. Amend. Classifies appellate filings, including briefs, as public. Classifies records maintained and prepared by juvenile probation, except for those filed with the court, as protected.
CJA 04-0202.03. Records access. Amend. Provides that a person given access to a record in order for juvenile probation to fulfill a probation responsibility may access a safeguarded record.
CJA 04-0901. Mandatory electronic filing in juvenile court. New. Requires that pleadings and other papers filed in existing juvenile court cases on or after December 1, 2015 shall be filed electronically in C.A.R.E. Requires that pleadings and other papers filed to initiate juvenile court cases on or after August 1, 2016 shall be filed electronically in C.A.R.E.
October Judicial Council Minutes.

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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 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a “record” documents prepared or received by a person in the person’s private capacity and documents that do not relate to the public’s business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as “protected” records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0409. Council approval of Problem Solving Courts. Amend. Regulates ex parte communication in problem solving courts, as recognized by the Code of Judicial Conduct and consistent with the signed agreement. Removes from the rule several justice courts no longer running DUI courts.
CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s.
CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.
CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.

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Code of Judicial Administration

CJA 03-0404. Public information program. Amend. Clarifies the purpose of the public information program.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP 107(a).
CJA 04-0202.08 Fees for records, information, and services. Amend. Adjusts the fees for Xchange to include downloading documents. Adds a per-use fee for those who do not subscribe. Waiver of most Xchange fees for the press.
CJA 04-0408.01. Responsibility for administration of trial courts. Amend. Designate Manti as a state court operation rather than by contract with the county.
CJA 04-0701. Failure to appear. Amend. Clarify that the bail increase applies to each case rather than to each charge in the case.

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Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.
CJA 04-509. Court-appointed parent coordinator. New. Establishes the role, qualifications and procedures of the parent coordinator.
CJA 04-906. Guardian ad litem program. Amend. Establishes the relationship between the Director, the Oversight Committee, attorneys, staff and volunteers. Clarifies the complaint, discipline and appeal process.

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Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds a representative of the American Sign Language to the Court Interpreter Committee.
CJA 04-202.03. Records access. Amend. Requires approval of the judge for access to a competency evaluation, psychological evaluation or sex behavior risk assessment. Sets the standard by which access will be allowed. Allows access to private probate records to interested persons.
CJA 04-403. Signature stamp use. Amend. Permits a judge’s signature stamp to be used on orders prepared by the court.
CJA 04-405. Juror and witness fees and expenses. Amend. Authorizes alternative process to certify attendance of a juror or witness.
CJA 04-510. Alternative dispute resolution. Amend. Reflects statewide application of most of the rule. Creates uniform method to defer ADR.

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Code of Judicial Administration

CJA 01-201. Membership – Election. Amend. Prohibits more than 2 successive terms on the Judicial Council.
CJA 01-204. Executive committees. Amend. Requires new committee chairs at least every 2 years.
CJA 01-205. Standing and ad hoc committees. Amend. Recognizes the court interpreter advisory panel as a standing committee. Establishes the Guardian ad Litem Oversight Committee. Establishes sunset dates for all standing committees. Effective February 28, 2005.
CJA 02-205. Emergency rulemaking procedures. Amend. Changes title to “expedited” rulemaking procedures.
CJA 03-102. Assumption of judicial office. Amend. Deletes requirement for inventory of personal property.
CJA 03-104. Presiding judges. Amend. Technical change to conform to other rules.
CJA 03-306. Court interpreters. Amend. Establishes the duties of the Court Interpreter Committee.
CJA 03-412. Procurement of goods and services. Amend. Changes references to statutes.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records. Effective November 1, 2005.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records. Effective November 1, 2005.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public. Effective November 1, 2005.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records. Effective November 1, 2005.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record. Effective November 1, 2005.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database. Effective November 1, 2005.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request. Effective November 1, 2005.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision. Effective November 1, 2005.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records. Effective November 1, 2005.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities. Effective November 1, 2005.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally. Effective November 1, 2005.
CJA 04-205. Security of court records. Amend. Technical changes. Effective November 1, 2005.
CJA 04-206. Exhibits. Amend. Changes requirements for record keeping and destruction.
CJA 04-408. Locations of trial courts of record. Amend. Recognizes West Jordan as a trial court location. Eliminates Sandy and West Valley.
CJA 04-408.01. Responsibility for administration of trial courts. Amend. Designate Kanab as a district court site for which the state contracts with the county.
CJA 04-906. Guardian ad litem program. Amend. Describes the duties of the Guardian ad Litem Oversight Committee. Establishes procedures for complaints against guardian ad litem attorneys and staff. Effective February 28, 2005.
CJA 07-304. Probation supervision. Amend. Adopts the probation risk assessment and restorative justice models for supervision of juveniles.
CJA Appendix F. Records retention schedule. Amend. Reduces retention period for civil judgments of money only. Treats alcohol related convictions the same as DUI conviction. Technical amendments.
Judicial Council Minutes.
CJA 11-101. Supreme Court’s rulemaking process. Amend. Changes title of subsection to “expedited” rulemaking procedures.
Supreme Court Order.
CJA 11-201. Senior judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
Supreme Court Order.
CJA 11-203. Senior justice court judges. Amend. Permits senior judges to be active senior judges with an annual evaluation. Establishes a uniform reappointment date.
Supreme Court Order.

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