Code of Judicial Administration – Comment Period Closes November 12, 2018

CJA01-0205. Standing and Ad Hoc Committees. 

AMEND.  Adds a member of the Utah Indigent Defense Commission to the Utah Judicial Council’s Standing Committee on Pretrial Release and Supervision.
AMEND.  Adds a court commissioner to the Utah Judicial Council Standing Committee on Court Forms.
AMEND.  Stylistic formatting (numbering) changes to committee composition section of the rule.

CJA04-0202.02. Records Classification.  

AMEND.  Classifies abstracts of juvenile court judgments filed in district court as “private” court records.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.  

AMEND.  Makes the Standing Committee on Court Forms responsible to approve the motion and affidavit to waive fees forms (previously the responsibility of the Board of District or Juvenile Court Judges).

CJA Appendix I. Summary of Classification of Court Records.

AMEND.  Change classification of “Criminal Invesigations” case type from “Protected” to “Public unless otherwise ordered” for better consistency with requirements of Utah Code.

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Rules Governing the State Bar – Comment Period Closes November 10, 2018

USB14-0806. Proposed amendments more accurately describe pro hac vice application requirements. Changes also increase the application fee to the fee equal to the annual licensing fee by paid active members of the Utah State Bar and require pro hac vice admittees to pay an annual renewal fee for each year the pro hac admitee continues to act as counsel in the cause.

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Rules Governing Licensed Paralegal Practitioner – Comment Period Closed September 21, 2018

RGLPP15-0705. Known as the “grandfathering” rule because it describes the licensing requirements for Licensed Paralegal Practitioner applicants who have worked as paralegal for at least 7 years and therefore are exempt from the educational requirements for three years from the date the Bar begins to accept LPP licensure applications. Rule 15-705 is not yet effective and was previously published for comment. The LPP Steering Committee determined that LPP applicants seeking to meet the work experience requirements of the rule should be able to meet those requirements by being supervised by a Licensed Paralegal Practitioner. The current rule only allows supervision by a lawyer. The Steering Committee determined that LPP applicants in some regions of the State may not be able to meet the supervised work requirement if supervision by a lawyer is required. Supervision by an LPP will allow more applicants to obtain the work necessary for licensure.

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Code of Judicial Administration – Comment Period Closed August 10, 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 and requires court access cards to be color-coded.

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.

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.

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Rules of Criminal Procedure – Comment Period Closed August 5, 2018

URCrP007C. Amend. The amendments to rule 7C will bring the rule in line with current practices. The rule clarifies the processes for securing a material witness’s testimony.

URCrP008. Amend. The amendments to rule 8 will make the rule consistent with developments in the law. The amendments will also require trial courts of record to appoint counsel on appeal from the roster maintained by the Board of Appellate Court Judges.

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