Rules Governing Constitutional Challenges – Comment Period Closes April 12, 2020

The following amendments to Civil Rule 24, Criminal Rule 12, and Appellate Rule 25A are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

 

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

 

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Rule of Appellate Procedure – Comment Period Closes April 12, 2020

URAP009. Docketing statement. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP019. Extraordinary writs. Amend.  The proposed amendments to Rules 9 and 19 incorporate Utah Supreme Court Standing Order 11 (Regarding filing documents by email) and propose other changes to conform with current practices of the Appellate Clerks’ Office.

URAP033. Damages for delay or frivolous appeal; recovery of attorney fees. Amend. The proposed amendments would allow the court to impose sanctions without a hearing or at the court’s discretion, so long as the party is provided with notice and an opportunity to respond.

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Code of Judicial Conduct – Comment Period Closes March 13, 2020

CJC03.7. Participation in Education, Religious, Charitable, Fraternal, or Civic Organizations and Activities. Amended. Amends the Code of Judicial Conduct to permit judges to directly engage in fundraising for court projects, as long as the potential donors do not regularly appear in the court the judge serves.

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Code of Judicial Administration – Comment Period Closes March 6, 2020

CJA01-0204. Executive Committees (AMEND). The Judicial Council formalized a new executive committee, the Budget and Fiscal Management Committee. Proposed amendments add the Budget and Fiscal Management Committee to the executive committee list, and define the Committee’s duties.

CJA01-0205. Standing and Ad Hoc Committees (AMEND). The Judicial Council’s Standing Committee on the Online Court Assistance Program (OCAP) no longer exists. Proposed amendments remove the OCAP member positions from the Committee on Resources for Self-Represented Parties and the Committee on Court Forms.

CJA03-0111. Performance Evaluation of Active Senior Judges and Court Commissioners (AMEND). The reporting standards for active judges versus senior judges and commissioners were different. Utah Code 78A-2-223 sets a standard of two months for trial judges. For consistency, the proposed amendments change the standard for senior judges and commissioners from “60 days” to “two months.”

CJA03-0406. Budget and Fiscal Management (AMEND). The proposed amendments reflect the Judicial Council’s policy change regarding its budget process.

CJA04-0905. CJA 4-905. Restraint of Minors in Juvenile Court (AMEND). The proposed amendment eliminates the subsection of the referenced statute to avoid outdated citations in the future.

CJA010-1-0202. Verifying Use of Jury (AMEND). The Second District Court requested that local supplemental rule CJA 10-1-202 be repealed
because it is no longer needed. The Second District follows practices set forth in general rules observed by all other judicial districts.

CJA Appendix FUtah State Court Records Retention Schedule. The first proposed amendment eliminates the requirement that the enhancement forms previously required under Rule 9-301 be retained permanently.  Because Rule 9-301 was
repealed, those records should now be destroyed at the same time as the file to which the record pertains. Eliminating the specific reference in the schedule will default to that result.

The second proposed amendment changes the retention for domestic violence cases to ten years to reflect the change in statute that makes those offenses enhanceable for ten years.

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Rule of Civil Procedure – Comment Period Closed February 10, 2020

URCP086. Licensed paralegal practitioners. AMEND. The approved amendments remove the requirement to serve papers on both the party and the licensed paralegal practitioner, and instead require a licensed paralegal practitioner who has entered a general appearance to inform their client of any papers filed, regardless of whether the paper falls within the scope of the licensed paralegal practitioner’s representation.

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Code of Judicial Conduct – Comment Period Closed February 3, 2020

CJC02.11. Disqualification. Amend. The amendments will clarify that a judge is disqualified from a case in which a lawyer in the proceeding supervises or is supervised by a judge’s family member, but the disqualification requirement is eliminated if the employing entity removes the family member from the lawyer’s line of supervision.

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