Category: CJA04-0202.09

Code of Judicial Administration – Comment Period Closed at noon on January 4, 2019

CJA01-0205. Standing and Ad Hoc Committees.  AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution.  AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges.  AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities.  AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives.  AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners.  AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources.  AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement.  AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous.  AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use.  AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners.  Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses.  AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees.  AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

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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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Code of Judicial Administration – Comment Period Closed March 17, 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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Code of Judicial Administration – Comment Period Closed April 14, 2017

CJA 4-0202.09 . Miscellaneous. Amend. Provides that records in property and use tax cases involving commercial information as that term is defined in Utah Code § 59-1-404 are protected. If a request is made to access a record or records, the records will be released within 14 days, except for specific records ordered by the court as sealed, private, protected, or safeguarded. 30 days after the court issues a non-appealable, final order, all records will be public, except as otherwise classified.

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Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Classifies appellate filings, including briefs, as public. Classifies records maintained and prepared by juvenile probation, except for those filed with the court, as protected.
CJA 04-0202.03. Records access. Amend. Provides that a person given access to a record in order for juvenile probation to fulfill a probation responsibility may access a safeguarded record.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Provides that a party with an interest in a case may move or petition a court with jurisdiction or a court that no longer has jurisdiction to reclassify a record or to have information redacted from the record. Adds all possible classifications. Provides that the relevant rules of procedure apply to such motions or petitions. Gives the appellate clerk responsibility for protecting sealed briefs and removing information ordered to be redacted. Provides that a court order is only binding on the court, the parties to the petition, and the state law library, unless otherwise ordered.
CJA 04-0202.09. Miscellaneous. Amend. Provides that a party may move, or a non-party interested in a record may petition, to classify a record as private, protected, sealed, safeguarded, juvenile court legal, or juvenile court social, or to redact non-public information from a public record.
CJA 04-0205. Security of court records. Amend. Provides that an appellate clerk is responsible for expunging records upon an order of expungment, but that a brief will be public unless it is otherwise classified through an order on a motion or petition.
CJA 04-0901. Mandatory electronic filing in juvenile court. New. Requires that pleadings and other papers filed in existing juvenile court cases on or after December 1, 2015 shall be filed electronically in C.A.R.E. Requires that pleadings and other papers filed to initiate juvenile court cases on or after August 1, 2016 shall be filed electronically in C.A.R.E.

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Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Modifies records to be classified as sealed, private or protected. Identifies record series by casetype to be classified as sealed or private.
CJA 04-0202.04. Request to access a record associated with a case; request to classify a record associated with a case. Amend. Moves from Rule 4-202.02 to this rule descriptions of records that require judicial approval to classify as non-public.
CJA 04-0202.09. Miscellaneous. Amend. Requires a person filing a record with the court to identify the record as non-public if it qualifies as non-public.
CJA Appendix I. Summary of Classification of Court Records. New. Summarizes the classification of record series by casetype.

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Code of Judicial Administration

CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private. This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.
CJA 04-202.03. Records access. Amend. Permit access to juvenile court records by the Department of Human Services.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.This rule is being published for comment a second time, after amendments made in response to earlier comments. The further changes are highlighted in yellow.

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Code of Judicial Administration

CJA 01-205. Standing and ad hoc committees. Amend. Adds an attorney with experience representing parents in abuse, neglect and dependency cases to the Committee on Children and Family Law.
CJA 01-305. Board of Senior Judges. Amend. Restrict membership to active senior judges.
CJA 02-103. Open and closed meetings. Amend. Prohibits those attending a closed meeting from discussing the topic except with others attending the meeting.
CJA 03-403. Judicial branch education. Amend. Establishes the minimum requirements for an active senior judge after a break in service.
CJA 04-202.02. Records classification. Amend. Classifies as private the records in guardianship and conservatorship cases, except the order and letter of appointment. Classifies some select data elements as public or private.
CJA 04-202.09. Miscellaneous. Amend. Prohibits including non-public information in an otherwise public document. Specifies substitutes for personal identifying information.

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Code of Judicial Administration. Rule Regulating Access to Court Records.

Final Report of the Committee on Privacy and Public Court Records.
CJA 04-202. Purpose. New. Outlines the purposes served by open and closed court records.
CJA 04-202.01. Definitions. Repeal & Reenact. Defines terms used in court rules regulating access to records.
CJA 04-202.02. Records classification. Repeal & Reenact. Classifies court records as public or non-public.
CJA 04-202.03. Records access. Repeal & Reenact. Identifies who has access to non-public court records.
CJA 04-202.04. Request to access a record associated with a case; request to classify a record associated with a case. Repeal & Reenact. Establishes procedures for requesting access to a record associated with a case or for requesting confidential treatment of a case record.
CJA 04-202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Repeal & Reenact. Establishes procedures for requesting access to a record not associated with a case or for requesting confidential treatment of an administrative record. Establishes procedures for requesting non-public records for research and procedures for using a data element as an index to the court’s database.
CJA 04-202.06. Response to request to access or classify a court record. Repeal & Reenact. Establishes minimum requirements for responding to a records request.
CJA 04-202.07. Appeals. New. Establishes procedures for reviewing an adverse decision.
CJA 04-202.09. Miscellaneous. Amend. Permits a filer to redact sensitive information from pleadings. Requires vendors to comply with court policies regarding access to records.
CJA 04-202.10. Record sharing. New. Established procedures for sharing non-public records with other governmental entities.
CJA 04-202.12. Access to electronic data elements. Repeal. Eliminates distinctions between electronic data elements and public or non-public data generally.
CJA 04-205. Security of court records. Amend. Technical changes.

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