Category: CJA04-0202.09

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  Deletes certain unnecessary and outdated provisions.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 – Effective November 1, 2018

CJA04-0202.02. Records Classification. Amend.  Allows a minor’s full name to be listed on any type of protective order, rather than initials only on adult protective orders and a full name on child protective orders.  Classifies affidavits of indigency as private record.

CJA04-0202.07. Appeals.  Amend.  Clarifies that a person may appeal a response that a record does not exist or is not maintained by the court and amends the timing for filing and responding to an appeal.

CJA04-0510.03. Qualification of ADR Providers. Amend. Updates the language of the rule to reflect the broadened scope of the new ADR ethics exam.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2017

CJA04-103 Civil calendar management. Amend. Pursuant to Cannon v. Holmes, 2016 UT 42, and Civil Rule 41, requires that all orders of dismissal entered under the rule must contain the language “without prejudice.”

CJA4-202.09 Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.

CJA09-301 Record of arraignment and conviction. Repeal. The Court of Appeals has determined that failure to follow this rule does not affect the validity of a plea or conviction with respect to enhancements. State v. Gonzales, 2005 UT App 538, 127 P.3d 1252. The rule is also redundant to other rules and statutes. See, e.g., URCrP Rule 11, CJA Rule 4-609, Utah Code § 53-10-208.1.

Judicial Council Order

 

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Code of Judicial Administration

CJA 04-0202.02. Records access. Amend. Provides that adoption records become public on the one hundredth anniversary of the date of the final decree as required by statute. Makes notices from the U.S. Bankruptcy Court private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Provides that a party with an interest in a case may move or petition a court with jurisdiction or a court that no longer has jurisdiction to reclassify a record or to have information redacted from the record. Adds all possible classifications. Provides that the relevant rules of procedure apply to such motions or petitions. Gives the appellate clerk the responsibility for protecting sealed briefs and removing information ordered to be redacted. Provides that a court order is only binding on the court, the parties to the petition, and the state law library, unless otherwise ordered.
CJA 04-0202.09. Miscellaneous. Amend. Provides that a party may move, or a non-party interested in a record may petition, to classify a record as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social, or to redact non-public information from a public record.
CJA 04-0205. Security of court records. Amend. Provides that an appellate clerk is responsible for expunging appellate records upon an order of expungement, but that an appellate brief will be public unless it is otherwise classified through an order on a motion or petition.
October 2015 Judicial Council Minutes.

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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 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 01-201. 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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