Category: CJA04-0403

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  Deletes certain unnecessary and outdated provisions.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 04-0403. Signature stamp use. Amend. Allows a clerk to use a judge’s signature stamp, with permission, on orders on unopposed motions requesting the Department of Workforce Services to release debtor information. The rule is effective March 14, 2014 under Utah Code of Judicial Administration, rule 2-205, and is subject to change after the comment period.

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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 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 02-103. Open and closed meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act. Effective Date: April 1, 2007.
CJA 02-104. Recording meetings. Amend. Amend Council rules to incorporate changes to the Open and Public Meetings Act. Effective Date: April 1, 2007.
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 Date: August 1, 2006.
CJA 04-403. Signature stamp use. Amend. Permits a clerk to use the judge’s signature stamp to approve an order accepting a plea in abeyance if no appearance is required by the Uniform Fine and Bail Schedule. Effective Date: April 1, 2007.
CJA 04-510. Alternative dispute resolution. Amend. The amendments will modify the training and experience necessary to qualify for the Utah State Roster of ADR Providers and to serve as a provider in divorce mediation. The amendments will provide for sanctions other than removal from the roster. The Uniform Mediation Act is added to the required reading for qualified training programs. Effective Date: April 1, 2007.
CJA 04-704. Authority of court clerks to extend payment schedule and dismiss citations. Amend. Changes from 14 days to 20 the time in which a clerk may dismiss charges for an automotive mechanical deficiency after the deficiency has been corrected. Effective Date: April 1, 2007.

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