CJA11-0401.Standing Committee on Appellate Representation and the Appellate Roster. Amend.
URAP038B. Qualifications for Appointed Appellate Counsel. Amend.
URAP058. Ruling. Amend.
The following is a brief summary of the rule amendments:
- Updates terminology in Rule 11-401 to address legislative changes;
- Addresses in Rule 11-401 the addition to the Appellate Roster of appeals of private parental termination cases from the district court;
- Adds a mentoring provision to Rule 11-401;
- Adds a rolling admissions provision to Rule 11-401;
- Addresses in Rule 11-401 the Indigent Defense Commission’s role with the committee;
- Merges the provisions of Appellate Rule 38B into Rule 11-401;
- Addresses in Rules 38B and 11-401 the role of attorneys’ contracts with government entities to represent indigent individuals on appeal prior to Rule 11-401’s adoption;
- Addresses the tension between Rule 55 and the child welfare appellate roster in Rule 58;
- Adds transparency to the Appellate Roster vetting process; and
- Amends the Appellate Roster reconsideration process.
URAP 038B. Qualifications for Appointed Appellate Counsel. Amend. Outlines the responsibility of appointed appellate counsel to represent the client throughout the first appeal as of right.
URAP 035. Petition for rehearing. Amend. Outlines the circumstances under which a petition for rehearing may be filed. Separates parts of the rule into separate subparagraphs. Provides the color for covers of petitions and responses filed under this rule.
URAP 038B. Qualifications for appointed appellate counsel. Amend. Requires that appointed appellate counsel represent a client through the first right of appeal.
URAP 047. Certification and transmission of record; joint and separate petitions; cross-petitions; parties. Rename and amend. Removes the requirement for certification of the record. Provides that the Clerk of the Supreme Court shall notify the Clerk of the Court of Appeals to transmit the record on appeal to the Supreme Court when a petition for certiorari has been granted.
URAP 024. Briefs. Amend. The proposed change creates a word limit for briefs rather than a page limit. A principal brief may have up to 14,000 words. Word limits are established for all other types of briefs.
URAP 027. Form of briefs. Amend. The proposed change will make 14 point typeface the standard rather than 13 point type.
URAP 038B. Qualifications and duties for appointed counsel. Amend. This amendment describes the scope of representation for appointed counsel. The rule clarifies that representation is required through a petition for writ of certiorari to the Utah Supreme Court, if such a petition is warranted, or if it is necessary to respond to a State petition.