Notice of Proposed Amendments to the Utah Code of Judicial Administration – Comment Period Expires February 12, 2018

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.  

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Notice of Proposed Amendments to Utah Code of Judicial Administration – Comment Period Expires February 9, 2018

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.

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Proposed Changes to the Rules for Integration and Management and Bylaws to Incorporate Licensed Paralegal Practitioners into the Bar’s Governing and Regulatory Structure – Comment Period Closes February 5, 2017

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.

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Notice of Proposed Amendments to Utah Rules Governing the State Bar – Comment Period Expires February 2, 2018

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.

 

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Notice of Proposed Amendments to Utah Rules of Criminal Procedure – Comment Period Expired January 14, 2018

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.

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Notice of Proposed Amendments to the Utah Rules of Civil and Criminal Procedure and the Code of Judicial Administration – Comment Period Closes January 11, 2018

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.

 

 

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Rules of Juvenile Procedure – Comment Period Closed December 31, 2017

URJP007

Rule 7 – Warrants.  Contains revisions necessitated by new statute section 78A-6-106.5 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP015

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.

URJP016

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).

URJP023A

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.

URJP031

Rule 31 – Initiation of truancy proceedings.  Repeals Rule 31 due to statutory changes removing juvenile court jurisdiction over habitual truants.

URJP033

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.

 

 

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Rules of Juvenile Procedure – Comment Period Closed November 27, 2017

URJP014

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.

URJP017

Rule 17 – The petition.  Contains revisions necessitated by statutory revisions to section 78A-6-602 promulgated by H.B. 239 – Juvenile Justice Amendments.

URJP034

Rule 34 – Pretrial hearings in non-delinquency cases.  Clarifies when the court may enter a default judgment.

URJP048

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.

 

 

 

 

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