Category: CJA04-0202.05

Code of Judicial Administration – Effective November 1, 2023

CJA04-0202.03. Records access (AMEND).

CJA04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index (AMEND). 

The proposed amendments align the rules with Utah Code Sections 77-40a-403(2)(b) and 77-40a-404, identifying individuals and entities who may access expunged records. Other amendments are non-substantive and intended to streamline the rules.

CJA04-0404. Jury selection and service (AMEND). The proposed amendments add the option to email juror qualification forms and summonses to prospective jurors.

Judicial Council Order

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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 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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