The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys. For more information, please see the attached letter from David Hirschi, Chair MCLE Board.
URAP034. Costs. Amend. The proposed amendments to Rule 34: (1) provide a flat $3.00 per page for costs in 34(c)(1); (2) change dates throughout the rule to increments of seven; (3) comport the rule with Standing Order 11 (Regarding filing documents by email); (4) replace the term “taxed” to “awarded” throughout the rule; and (5) clean up other language for clarity and consistency.
CJA04-0202.02. Records Classification (AMEND). Clarifies that all records related to determinations of indigency are private records.
CJA04-0403. Electronic signature and signature stamp use (AMEND). Authorizes judges’ electronic signatures to be automatically affixed to automatic expungement orders.
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.
CJA03-0201. 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.
The amendments and new rule are related to pretrial release practices in response to HB 206.
URCrP004. Amend. Prosecution by information.
URCrP006. Amend. Warrant of arrest or summons.
URCrP007. Amend. Initial proceeding for class A misdemeanors and felonies.
URCrP007A. Amend. Procedures for arraignment on class B and C misdemeanors, or infractions.
URCrP009. Amend. Proceedings for persons arrested without a warrant on suspicion of crime.
URCrP009A. Amend. Proceedings for persons arrested pursuant to an arrest warrant.
URCrP010. Amend. Arraignment.
URCrP027. Amend. Stay of sentence pending motions for new trial or appeal from court of record.
URCrP027A. Amend. Stays pending approval from a court not of record – Appeals for a trial de novo.
URCrP027B. Amend. Stays pending approval from a court not of record – Hearings de novo, DUI and reckless driving case.
URCrP028. Amend. Disposition after appeal.
URCrP038. Amend. Appeals from justice court and district court.
URCrP041. New. Unsecured bonds.
RGLPP15-0703. Proposed 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.
CJA03-0101. Judicial Performance Standards (AMEND).
The proposed amendments to Rules 3-101 establish a definition for “submitted” for purposes of the case under advisement performance standard. The updates also provide discretion to the Council to excuse full compliance with the performance standards regarding cases under advisement and education hours for circumstances beyond the judge’s control, pursuant to Utah Code section 78A-2-223.
The comment period’s expiration is extended from September 8, 2020 to December 1, 2020. The previous notice of comment period is found here.
Proposed 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 application to court; confidentiality; enforceability of award; claims of malpractice.
USB14-1114. Matters entitled to mediation.
CJA03-0413. Judicial Library Resources. AMEND. Changes the reporting structure of the law library director from the appellate court administrator to the state court administrator. Also reduces the number of print publications that are authorized.