RPC06.05. Short-term Limited Legal Services. AMEND. Broadens the term “short-term legal services” to include one-time consultations and representations through government- and law school-sponsored programs. Further provides that other lawyers in a firm are not disqualified from representing clients whose interests are adverse to a client who received short-term limited legal services from a lawyer in the firm if (1) the lawyer who provided the services is timely screened from the adverse clients’ matters, and (2) receives no fees from those matters.
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.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0505. Statute of limitations.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0540. Immunity from civil suits.
CJA11-0542. Additional rules of procedure.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0208. Special rules and regulations.
USB14-0912. Processing claims.
USB15-0703. Changes add a degree to the list of eligible educational requirements necessary for licensure and that National Certification will no longer be mandatory for each applicant, detailing which candidates are exempt from said certification.
Consolidation and Venue Transfer Amendments
URCP042. Consolidation; separate trials; venue transfer. AMEND.
The amendments to Rule 42 involve two issues: consolidation and venue transfer. The amendments clarify the powers of the district court to 1) consolidate two or more cases from any district in the state, 2) transfer a case from any court to any other court in the state, or 3) take either action as to just a portion of two or more cases. The amendments further mandate that cases filed in an improper venue be transferred to a proper venue when such is available. The venue amendments address the Supreme Court’s invitation in Footnote 4 of Davis County v. Purdue Pharma, L.P, 2020 UT 17.
Domestic Injunction Amendments
URCP005. Service and filing of pleadings and other papers. AMEND.
URCP109. Injunction in certain domestic relations cases. AMEND.
The amendments to Rules 5 and 109 address conflicting provisions between the two rules. The amendments to Rule 5 add an exception to allow specific rules to state who serves the petition. The amendments to Rule 109 require the petitioner, rather than the court, to provide a copy of the injunction to the respondent.
Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.
USB14-1102. Purpose and composition of the committee.
USB14-1105. Selection of the arbitration panel; additional claims.
USB14-1107. Award; form; service of award; judicial confirmation of award.
USB14-1108. Relief granted by award; accord and satisfaction to court; confidentiality; enforceability of award; claims of malpractice.
USB14-1114. Matters entitled to mediation.
CJA Appendix J. Ability-to-Pay Matrix (AMENDED). In response to House Bill 206, the Uniform Fine and Bail Schedule has been replaced by the Uniform Fine Schedule and the Ability-to-Pay Matrix. The Ability-to-Pay Matrix provides recommended monetary bail amounts using the poverty guidelines and an individual’s risk of failing to appear in court. Setting monetary bail is a highly fact dependent decision. The recommended amounts do not reflect the maximum amount a judge may order. Judges should ordinarily impose monetary bail based on a person’s ability-to-pay. However, judges continue to have the same discretion to deviate from the recommended amounts as they had under the Uniform Fine and Bail Schedule, provided judges conduct an individualized assessment of ability-to-pay and risk.
USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half. Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.
USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.
USB14-0705. Admission by motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.
CJA03-0104. Presiding Judges (AMEND). Defines “submitted” for purposes of the cases under advisement performance standard.
CJA03-0111. Performance Evaluation of senior judges and court commissioners (AMEND).Defines “submitted” for purposes of the cases under advisement performance standard, and states that senior judges and court commissioners can overcome a presumption against certification if they can show that their failure to comply with education requirements or the Code of Judicial Conduct was beyond their personal control.
CJA04-0202.02. Records Classification (AMEND). Minor’s names will be public in stalking injunctions. Reflects current practice.
CJA06-0507. Court Visitor (NEW). New rule outlining the appointment and role of court visitors, and establishing a process for review of court visitor reports.
CJA03-0407. Accounting (AMEND). Clarifies that “bail” refers to “monetary bail.” Amends examples of trust accounts to reflect the most common fund types.
CJA04-0609. Procedure for obtaining fingerprints and Offense Tracking Numbers on defendants who have not been booked in jail (AMEND). Clarifies that “bail” means release.
CJA010-01-0404. Attendance and assistance of prosecutors in criminal proceedings (AMEND). Clarifies that “bail” refers to “monetary bail.”
CJA04-0401.01. Electronic media coverage of court proceedings (AMEND). Clarifies that the rule applies to viewing proceedings by remote transmission. Eliminates the requirement for pool coverage. Any media who register may attend. Electronic access may be terminated for violations of the rule.
CJA04-0401.02. Possession and use of portable electronic devices (AMEND). Defines court proceedings. Prohibits individuals from recording or photographing remote proceedings.
Changes update Bar Commissioner and Officer election procedures and remove obsolete procedures.
USB14-0205. Board. Amended.
USB14-0206. Officers. Amended.