Category: -Code of Judicial Administration

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Code of Judicial Administration – Effective November 1, 2021

CJA01-0205. Standing and ad hoc committees (AMEND)

The approved amendments changed the membership of the Standing Committee on Pretrial Release and Supervision.

CJA03-0415. Auditing (AMEND)

The approved amendments more clearly define the types of audits conducted by the Audit Department, clarify audit procedures, and identify the individuals involved at critical points.

CJA03-0419. Office of Fairness and Accountability (NEW)

Identifies the objectives of the Office of Fairness and Accountability and the duties of the Director of the Office of Fairness and Accountability.

CJA04-0206. Exhibits (AMEND)

The approved amendments address custody, disposal, and storage of physical and electronic evidence.

CJA04-0401.02. Possession and use of portable electronic devices (AMEND)

The approved amendments allow JPEC to continue to use recordings to evaluate the performance of justice court judges subject to a basic evaluation.

CJA07-0302. Court reports prepared for delinquency cases (AMEND)

The Sentencing Commission released a new Juvenile Disposition Guide that does not provide specific recommendations for disposition, only factors that should be considered. The approved amendments align the rule with the statute regarding probation’s role in victim restitution (78A-6-117(j)(ix-x)) and the new Juvenile Disposition Guidelines.

Judicial Council Order

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Code of Judicial Administration – Effective June 28, 2021

CJA01-0305. Board of Senior Judges. Amended. The amendments to CJA Rule 1-305 modify the Board of Senior Judges.

CJA03-0104. Presiding judges. Amended. The amendments to CJA Rule 3-104 clarify the authority of a presiding judge to assign a senior judge by referencing CJA Rule 3-108.

CJA03-0108. Judicial assistance. Amended. The amendments to CJA Rule 3-108 establish the circumstances for which a senior judge assignment may be made and the procedure for making a senior judge assignment.

CJA03-0113. Senior judges. Amended. The amendments to CJA Rule 3-113 clarify and modify the circumstances in which a senior judge may be compensated for judicial coverage.

CJA03-0501. Insurance Benefits Upon Retirement. Amended. The amendments to CJA Rule 3-501 provide guidance for the use of the senior judge incentive benefit.

CJA11-0201. Senior Judges. The amendments to CJA Rule 11-201 provide the Supreme Court with additional information about applicants for appointment as a senior judge and clarify the process in which an applicant may respond to a Judicial Council recommendation regarding the appointment of a senior judge.

Judicial Council Order

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Code of Judicial Administration – Effective November 1, 2021

CJA01-0204. Executive committees (AMEND). Allows the Policy and Planning Committee, Liaison Committee, and Budget and Fiscal Management Committee to each determine their own schedule for electing chairs.

CJA02-0103. Open and closed meetings (AMEND). Adds the category of “safeguarded” to the list of reasons that a Council meeting may be closed. The amendment corrects an oversight. The rule wasn’t updated when “safeguarded court records” were added as a classification in CJA rule 4-202.02.

Judicial Council Order

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Code of Judicial Administration – Effective May 24, 2021

CJA04-0403. Electronic signature and signature stamp use (AMEND).  New Utah Rules of Civil Procedure 7A and 7B, effective May 1, 2021, replaced the order to show cause process  with new “motion to enforce” procedures. Similar to the OSC process, a moving party files an ex parte motion and the court issues an order. The rule amendment allows clerks and judicial assistants to use, with prior approval, an electronic signature or signature stamp to process motions to enforce.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2021

CJA02-0211. Compliance with the Code of Judicial Administration and the Code of Judicial Conduct (AMEND). Expands the ability to report allegations of a failure to comply with the provisions of the CJA and the CJC to any court employee. Clarifies the reporting process. Allows information identifying the complainant to be omitted from reports to the Judicial Council. If the allegations involve inappropriate behavior toward the complainant, the complainant must be made aware of any corrective action taken. The complainant may ask for Judicial Council review of any decision made by the presiding officer.

CJA10-01-0501. Orders to show cause (REPEAL)

CJA10-01-0602. Orders to show cause (REPEAL)

The Supreme Court approved revisions to URCP rule 7, and created new URCP rules 7A and 7B. Rules 7A and 7B create a new, uniform process for enforcing court orders through regular motion practice. The new rules (effective May 1, 2021) replace the current order to show cause process found in Rule 7(q) and in the two local court rules listed above.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2021

CJA03-0101. Judicial performance standards. (AMEND). Establishes a definition of “submitted” for purposes of the case under advisement performance standard. Clarifies that judges will be considered compliant with education and case under advisement standards if their failure to meet one or both of those standards was due to circumstances outside of the judge’s control.

CJA03-0108. Judicial assistance. (AMEND). Authorizes the presiding officer of the Judicial Council to appoint a district court presiding judge as the signing judge for automatic expungements in all district courts within the presiding judge’s district.

Judicial Council Order

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Code of Judicial Administration – Effective May 1, 2021

CJA03-0201. Court Commissioners (AMEND). Clarifies that both the Council and presiding judges can take corrective actions in response to a complaint or poor performance, and “removal” was added as a possible corrective action.

CJA03-0201.02. Court Commissioner Conduct Committee (AMEND). More clearly defines the committee’s charge and complaint procedures, and creates an appeals process if the Committee dismisses a complaint without a hearing.

CJA03-0301.01. State Court Administrator—Complaints and Performance Review; Complaints Regarding Judicial Officers and State Court Employees (NEW)
Establishes the Management Performance Review Committee, outlines a process for reviewing the performance of the State Court Administrator, and creates an avenue by which complaints regarding the State Court Administrator, judicial officers, and state court employees can be received, reviewed, and investigated.

CJA03-0105. Administration of the Judiciary (NEW). Sets forth the authority of judges, courts, the Supreme Court, and the Judicial Council to administer the functions of the judicial branch.  Creates a process by which the Supreme Court and Judicial Council may assess and determine exclusive and predominate authority, and how those two bodies will communicate with each other when issues arise.

Judicial Council Order

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