Category: CJA04-0405

Code of Judicial Administration – Effective May 1, 2019

CJA01-0205. Standing and Ad Hoc Committee. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners.  Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

Judicial Council Order

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Code of Judicial Administration

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
CJA 04-0510.03. Qualification of ADR providers. Amend. Corrects an incorrect reference to another rule.
CJA 04-0907. Divorce education and divorce orientation courses. Amend. Provides an option to take the divorce orientation course online, and reflects changes to the fees for the course as required by statute.
Judicial Council Minutes.

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Code of Judicial Administration

CJA 04-0202.02 Records classification. Amend. Classifies records from cases involving minors seeking judicial consent for abortion as sealed.
CJA 04-0405. Juror and witness fees and expenses. Amend. Increases the rate for jury snacks and breaks from $3.00 to $4.00 in accordance with the state rate.
CJA 04-0906. Guardian ad litem program. Amend. Allows the Office of Guardian ad Litem to remove a private guardian ad litem who has not met the continuing education requirement from their case assignment roster.
Judicial Council Minutes.

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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 01-304. 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 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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