CJA03-0111 Performance evaluation of senior judges and court commissioners. Amend. 1) Clarifies when court commissioners’ annual evaluations will be completed, by whom, and what the evaluation process will entail; 2) establishes when the presiding judge will prepare a performance plan versus a corrective action plan for a court commissioner; 3) moves the Judicial Council’s certification process from August to July; and 4) replaces the active senior judge performance evaluation process in paragraph (1) with a new process in paragraph (3)(B). Amended (3)(B) provides that the surveys the Judicial Council collects from the trial court executives, the Court of Appeals Clerk of Court, the Justice Court Administrator, and the presiding judges on an active senior judge’s performance will be informed by anonymous questionnaires completed each time the senior judge completes an assignment. In the trial courts, court staff and jurors will complete the questionnaires, and in the Court of Appeals, the other judges on the panel to which the senior judge is assigned and the law clerks with whom the senior judge works will complete the questionnaires. This is the second request for comment due to the addition of the fourth category of amendments.
CJA03-0407 Amend. Accounting. Amends the membership of the Accounting Manual Review Committee to reflect current practice.
CJA04-0202.02 Amend. Records Classification. Allows a minor’s full name to be listed on any type of protective order, rather than initials only on adult protective orders and a full name on child protective orders. Classifies affidavits of indigency as private record.
CJA04–0202.07 Amend. Appeals. Clarifies that a person may appeal a response that a record does not exist or is not maintained by the court and amends the timing for filing and responding to an appeal.
CJA04-0202.09 Amend. Miscellaneous. Strikes language requiring filers to certify that all non-public information has been omitted or redacted from public records.
CJA04-0510.03 Amend. Qualification of ADR Providers. Updates the language of the rule to reflect the broadened scope of the new ADR ethics exam
CJA07-0303 Repeal. Repeals the rule in its entirety due to changes in HB 239.
USB 14-0101 Amend. Article 1. Integration and Management.
USB 14-0102 Amend. Rule 14-102. Regulation of the practice of law.
USB 14-0103 Amend. Rule 14-103. Organization and management of the Bar.
USB 14-0104 Amend. Rule 14-104. Admission to practice law; qualifications, enrollment, oath, and fees.
USB 14-0105 Amend. Rule 14-105. Conduct of licensed lawyers and judicial officers; complaints, investigations, and discipline.
USB 14-0107 Amend. Rule 14-107. Annual license, fees; disbursements of funds.
USB 14-0108 Amend. Rule 14-108. Issuance of license; form.
USB 14-0110 Amend. Rule 14-110. Active and inactive members of the Bar.
USB 14-0111 Amend. Rule 14-111. Practicing without a license prohibited.
USB 14-0112 Amend. Rule 14-112. Duties of attorneys and counselors at law.
USB 14-0201 Amend. Bylaws.
USB 14-0203 Amend. Rule 14-203. License categories.
USB 14-0210 Amend. Rule 14-210. General.
USB 14-0701 Amend. Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.
USB 14-0807 Amend. Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.
USB 14-0809 New. This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission
USB 1`4-0704 Amend. Change makes the rule consistent with proposed rule 14-809.
USB 14-0705 Amend. Change makes the rule consistent with proposed rule 14-809.
USB 14-0713 Amend. Change makes the rule consistent with proposed rule 14-809.
USB 14-0719 Amend. Change makes the rule consistent with proposed rule 14-809.
USB 14-0806 Amend. Change makes the rule consistent with proposed rule 14-809.
USB 14-0904 Amend. Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.
Utah Rules of Criminal Procedure
Rule 12 Amend. The proposed amendment will require service of pleadings on the Attorney General’s Office or the county or city attorney’s office when a party challenges the constitutionality of a statute or ordinance.
Rule 22 Amend. One amendment will require a court to notify a defendant at sentencing of the right to counsel for an appeal. Another amendment adds state law to the warning to be given in domestic violence cases.
Rule 36 Amend. This amendment will allow defense counsel to be able to make an oral motion to withdraw from the case after judgment is entered.
Rule 11-101 Amend. The first proposed amendment will allow for emeritus members of the Supreme Court’s rules advisory committees. The second amendment will allow a member to serve up to four terms if any of those terms are as chair.
Utah Rules of Civil Procedure
URCP063 Disability or disqualification of a judge. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the reviewing or assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Rules of Criminal Procedure
URCrP029 Disability or disqualification of a judge or change of venue. Amend. Eliminates the option of the Judicial Council’s presiding officer serving as the assigning judge on a motion to disqualify. Provides that assignment in justice court cases will be in accordance with new Utah Code of Judicial Administration Rule 9-109.
Utah Code of Judicial Administration
UCJA09-0109 Presiding judges. New. Establishes the procedure for election, term of office, role, responsibilities, and authority of presiding judges and associate presiding judges for justice courts.
RPP011-0401 New Rule 11-401: To establish a standing committee to assist the Board of Appellate Court Judges to determine a roster of attorneys eligible for appointment to represent indigent parties on appeal to the Utah Supreme Court and the Utah Court of Appeals.
Rule 7 – Warrants. Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.
Rule 15 – Preliminary inquiry; informal adjustment without petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
Rule 16 – Transfer of delinquency case for preliminary inquiry. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments. Clarifies applicability of certain rule provisions to a child (under the age of 18) and a minor (under the age of 21).
Rule 23A – Hearing on conditions of Section 78A-6-702. Changes burden of proof to preponderance to bring rule into conformity with 2015 statute change.
Rule 31 – Initiation of truancy proceedings. Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.
Rule 33 – Preliminary orders and summary proceedings. Deletes provisions related to the ability to place non-resident runaways into the custody of the Division of child and Family Services.
Rule 14 – Reception of referral, preliminary determination. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
Rule 17 – The petition. Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.
Rule 34 – Pretrial hearings in non-delinquency cases. Clarifies when the court may enter a default judgment.
Rule 48 – Post judgment motions. Renames rule from “New hearings” to “Post judgment motions” to more accurately reflect the full scope of the rule’s content. Reduces the time to file post judgment motions to 14 days from the 28 days provided by the Rules of Civil Procedure to avoid conflicts with the shorter time frames for filing expedited child welfare appeals.