Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court and Utah Judicial Council invite comments to the following proposed amendments to court rules. The comment period expires December 16, 2014.

Summary of proposed amendments

Rules of Juvenile Procedure

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session. This rule is receiving a second comment period to correct the failure to strike a clause in paragraph (e) prior to sending the rule out for comment.
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Notice of Approved Amendments to Utah Court Rules

The Utah Judicial Council has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted.

Summary of approved amendments 

 CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
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Tooele Justice Court Nominees Named

FOR IMMEDIATE RELEASE

October 27, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell:(801) 712-4545

NOMINEES ANNOUNCED FOR TOOELE COUNTY JUSTICE COURT VACANCY

Grantsville, UT—The Tooele County Nominating Commission has selected three nominees for the vacancy at the Grantsville Justice Court. The position will replace Judge Darold Butcher who resigned effective August 15, 2014.

Following are the nominees followed by place of employment and residence:
·Gary K. Dalton, director, Salt Lake County Criminal Justice Services, Grantsville
·Ronald Lynn Elton, J.D., attorney, towns of Rush Valley and Vernon, Tooele
·Honorable Ronald Edward Powell, Stockton Town Justice Court Judge, Stockton

A comment period will be held through Nov. 5, 2014, before a final candidate is selected by the Grantsville Mayor Brent Marshall. The mayor has 30 days to make an appointment, which is subject to ratification by the Grantsville City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Melisse Stiglich, Administrative Office of the Courts, melisses@utcourts.gov.
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Court Offers Free Classes in Spanish

FOR IMMEDIATE RELEASE

October 9, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

SELF-HELP CENTER OFFERS FREE CLASSES IN SPANISH

The Utah State Courts’ Self-Help Center is offering a series of free classes to help the public learn how to navigate the court system. The classes will be offered in Spanish and are geared toward people who are representing themselves in a civil court case.

Classes will highlight topics such as how to serve court papers in Mexico and how to create court papers for everything from a divorce to guardianship to a small claims case. The primary focus of the classes will be how to use OCAP—the court online assistance program—to create required court forms. The classes are planned the third Tuesday of each month from 6:30 to 7:30 p.m. at the West Valley branch of the Salt Lake County library, 2880 West 3650 South. Classes start in October and continue through April, excluding December.
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Two Judges Named to Utah Judicial Council

FOR IMMEDIATE RELEASE

October 3, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

UTAH JUDICIAL COUNCIL MEMBERS NAMED

Salt Lake City, Utah—Third District Court Judge Ann Boyden and 6th District Court Judge Marvin D. Bagley have been elected to serve three-year terms on the Utah Judicial Council. They replace 3rd District Court Judge Paul Maughan and 7th District Court Judge George Harmond who have completed their terms.

The Utah Judicial Council is the policy-making body for the judiciary. The Council has the constitutional authority to adopt uniform rules for the administration of all courts in the state. The Council also sets standards for judicial performance, court facilities, support services, and judicial and non-judicial staff levels.
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Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted.

Summary of proposed amendments 

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.

How to view redline text of the amendments

To see approved rule amendments, click on this link to:
http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court invites comments to the following proposed court rules. The comment period expires on November 19, 2014.

Summary of proposed amendments 

 Rules of Appellate Procedure

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.

Rules of Criminal Procedure

URCrP 002. Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.

URCrP 004. Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
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Ogden Justice Court Vacancy Announced

FOR IMMEDIATE RELEASE

Sept. 22, 2014

Contact: Nancy Volmer
(801) 578-3994

Cell: (801) 712-4545

OGDEN JUSTICE COURT VACANCY ANNOUNCED

Ogden, Utah—Applications are being accepted for a Justice Court judge position in Ogden. The position will replace Judge Norman Ashton who will retire effective Jan. 7, 2015.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.
Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $68,250 to $122,850, with benefits. For additional information, contact Heidi Olmedo at (801) 629-8737.
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Meeting Set to Select Grantsville Justice Court Judge

FOR IMMEDIATE RELEASE  

Sept. 22, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

JUSTICE COURT JUDICIAL NOMINATING COMMISSION SELECTION MEETING PLANNED

Grantsville, UT—The Tooele County Judicial Nominating Commission has scheduled a meeting on Oct. 10 to select a candidate for the Tooele County Justice Court to replace Judge Darold “Dar” Butcher who resigned effective Aug. 15. The commission will begin meeting at 9:00 a.m. at the Grantsville City Library, 42 North Bowery, in the large conference room.

The early portion of the meeting is scheduled for public comment about issues facing the Utah judiciary and refinements or improvements to the system. Public comments are being accepted from 9:00 a.m. to 9:30 a.m. Following the public hearing, the meeting is closed to allow commission members to select a slate of three to five candidates for the vacancy.
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Ethics Advisory Opinion 14-03

Utah State Bar
Ethics Advisory Opinion Committee

Opinion Number 14-03

Issued April 22, 2014

ISSUE

1.         Do the Utah Rules of Professional Conduct prohibit referral agreements between two attorneys that require one of the attorneys (the “Referring Attorney”) to refer to the other (the “Receiving Attorney”) all clients that have a certain specified type of products liability claim?

 OPINION

2.         The Committee concludes that an agreement between two attorneys which requires the Referring Attorney to refer to the Receiving Attorney all clients that have a certain specified type of claim may likely violate various provisions of the Utah Rules of Professional Conduct (the “Rules”).

FACTS

3.         The Referring Attorney, licensed to practice in the State of Utah, and the Receiving Attorney, licensed to practice elsewhere, enter into an agreement governed by Utah law (the “Agreement”) to jointly pursue certain kinds of products liability claims (the “Claims”) of individuals located in the State of Utah.  The Agreement provides in relevant part:
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Grand Jury Panel to Hear Testimony

FOR IMMEDIATE RELEASE

September 3, 2014

Contact: Nancy Volmer
(801) 578-3994

Cell: (801) 712-4545

JUDGES TO HEAR GRAND JURY TESTIMONY

Roosevelt, UT—A panel of judges is scheduled to meet on Oct.9, 2014, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place at the Duchesne County Courthouse, 255 South State, in Roosevelt.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Sept. 26, 2014, to schedule an appointment. If no appointments are scheduled by April 30, the meeting will be canceled without further notice.

Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.
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First Judicial District Names Presiding Judge

FOR IMMEDIATE RELEASE

August 21, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

JUDGE BURBANK NAMED PRESIDING JUDGE IN FIRST JUDICIAL DISTRICT

Logan, UT—Juvenile Court Judge Jeffrey R. Burbank has been named presiding judge for the First Judicial District for a two-year term. Judge Burbank replaces Judge Ben Hadfield who retired effective Aug. 15, 2014. Judge Thomas Willmore has been named associate presiding judge.

The presiding judges are responsible for the effective operation of their courts. According to court Rule 3-104, presiding judges are responsible for implementation and enforcement of statutes, rules, policies, and directives of the Utah Judicial Council as they pertain to the administration of the courts. The presiding judge is responsible for assigning cases and judges.
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GRANTSVILLE JUSTICE COURT VACANCY ANNOUNCED

FOR IMMEDIATE RELEASE  

August 19, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell:(801) 712-4545

GRANTSVILLE JUSTICE COURT VACANCY ANNOUNCED

Grantsville, Utah—Applications are being accepted for a Justice Court judge position in Grantsville. The position will replace Judge Darold Butcher who has resigned effective Aug. 15, 2014.

To be considered for the position, candidates must be at least 25 years of age, a citizen of the United States, a Utah resident for at least three years, and have earned a high school diploma or GED. In addition, candidates must be a resident of the county in which the court is located—or an adjacent county—for at least six months.

Information on judicial retention and performance evaluation is posted on the Utah State Court’s website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the court’s website. The annual salary range for the position is $20,475 to $36, 855,  with or without benefits. For additional information, contact Susan Gustin at (435) 884-4602 or sgustin@grantsvilleut.gov.
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Syracuse Justice Court Judge Named

FOR IMMEDIATE RELEASE  

August 13, 2014

Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

HOSKINS NAMED TO SYRACUSE JUSTICE COURT

Syracuse, UT—Catherine Jeane Hoskins has been appointed to the Syracuse City Justice Court by Syracuse Mayor Terry Palmer. The position replaces Judge Joseph M. Bean who has been appointed to the 2nd District Court.

Hoskins owns and operates a law practice in Layton where she also does mediation. She received a Juris Doctorate from the University of Oregon School of Law, a Bachelor of Arts in History from the University of Utah, and an Associates’ Degree from Brigham Young University Idaho.

Hoskins is the co-chair of the Second District Pro Bono Committee, a member of the 2nd District Nominating Committee, a member of the Rex E. Lee Inns of the Court, and a member of the Divorce Procedures Subcommittee. She has also served as the president of the Davis County Bar.
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