Third-district Judge Royal Hansen Receives 2016 Peacekeeper Award

Third-district Judge Royal Hansen Receives 2016 Peacekeeper Award

May 2016

Judge Royal HansenSalt Lake City, UT — Judge Royal I. Hansen was presented with the 2016 Peacekeeper Award by the Utah Council on Conflict Resolution (UCCR) on Friday.

Judge Hansen has been an outspoken advocate for the use of Alternative Dispute Resolution in the Utah Courts. For the past 11 years, Judge Hansen has served as Chair of the Utah Judicial Council’s Ad Hoc Committee on Alternative Dispute Resolution. His reputation as an insightful judge and judicial leader has been invaluable to the advancement of alternative dispute resolution in our community.

“Judge Hansen is highly deserving of the Peacekeeper Award. He is the third judge to receive this award in the sixteen years since it was established,” said Nancy McGahey, UCCR Board of Directors member, and member of the Peacekeeper Selection Committee. “Judge Hansen’s many contributions to raising awareness and advancing the use of alternative dispute resolution have led to widespread support within and outside of our judicial system. His efforts have also advanced the ethical foundations of ADR practices. The UCCR thanks Judge Hansen for leaving this legacy to our community.”

Judge Hansen was appointed to the Third District Court in July 2003 by Gov. Michael O. Leavitt. He serves Salt Lake, Summit and Tooele counties. Judge Hansen received a law degree from the University of Utah College of Law in 1975. (More information)

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Groundbreaking Ceremony for New Provo Courthouse

Court Officials to Join Chief Justice in Groundbreaking Ceremony for New Fourth District Courthouse

WHAT:           A groundbreaking ceremony will be held to kick off the construction of the new $86.9 million courthouse that will combine Provo District, Provo Juvenile, and Orem Juvenile courts; and Guardian ad Litem office.

WHEN:           Tuesday, May 24 at 11:30 a.m.

WHERE:         200 North and Freedom Boulevard (northeast corner), Provo.

WHO: Utah Supreme Court Chief Justice Matthew Durrant, Utah State Court Administrator Daniel Becker, 4th District Presiding Judge David Mortensen, 4th District Juvenile Presiding Judge Suchada Bazzelle.

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Notice of Proposed Amendment to Utah Rules of Appellate Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Appellate Procedure. The comment period expires July 1, 2016.

Utah Rules of Appellate Procedure

Rule 2. Adds Rule 14(a) to the list of rules that the court cannot suspend.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment and submit comments, click on this link to: http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.

How to Submit Comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Approved Amendments to Utah Rules of Civil Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Utah Rules of Civil Procedure

URCP 54 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP 58A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP 73.pdf Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

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

Notice of Approved Amendments to Utah Court Rules of Appellate Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Utah Rules of Appellate Procedure

URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

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

Notice of Proposed Amendment to Utah Rules of Appellate Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Appellate Procedure. The comment period expires June 25, 2016.

Summary of Proposed Amendment

Utah Rules of Appellate Procedure

Rule 52 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment and submit comments, click on this link to:  http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.

How to Submit Comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Proposed Amendment to Utah Code of Judicial Administration 2

The Utah Supreme Court invites comments to the following proposed amendment to Utah Code of Judicial Administration. The comment period expires June 10, 2016.

Summary of Proposed Amendment

Utah Code of Judicial Administration

CJA 04-401.03. Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment and submit comments, click on this link to:  http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.

How to Submit Comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website. Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Notice of Approved Amendments to Utah Court Rules 2

The Utah Judicial Council and the Utah Supreme Court have approved amendments to the following court rules. The amendments are effective May 1, 2016.

Summary of Approved Amendments 

 Code of Judicial Administration

CJA 3-302 Clerk of Court. Amend. Provides that the clerk’s office shall be open during all business hours except Saturdays, Sundays, and holidays. Provides that during hours of operation the clerk or deputy shall be physically present, or immediately available remotely.

CJA 3-306.01Language access definitions. New. Defines terms applicable to rules 3-306.02 through 3-306.05 of the Utah Code of Judicial Administration. Deletions and additions to the language are redlined.

CJA 3-306.02Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.

CJA 3-306.03.pdfInterpreter certification. New. Outlines the process for becoming a certified interpreter. Provides a process whereby an exception may be made to one or more of the requirements as determined by the Language Access Committee. Reiterates the policy that contract interpreters are independent contractors. Deletions and additions to the language are redlined.

CJA 3-306.04.pdfInterpreter appointment, payment, and fees. New. Outlines the interpreter appointment process. Provides that the Judicial Council will review a market study every three years in order to set hourly rates for interpreters. Deletions and additions to the language are redlined.

CJA 3-306.05.pdfInterpreter removal, discipline, and formal complaints. New. Outlines the interpreter discipline process. Provides that an interpreter may be disciplined for unprofessional conduct, or for being convicted of, or charged with, a crime. Revises the formal complaint process so that following a proposed resolution by the Language Access Program Coordinator, an interpreter may request a hearing before a panel of the Language Access Committee, and may appeal that panel’s decision to the Language Access Committee. Deletions and additions to the language are redlined.

CJA 4-106.pdfElectronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.

CJA 4-408.01.pdfResponsibility for administration of trial courts. Amend. Removes Morgan from the list of district courts administered by a county or municipality, since it is administered by the Administrative Office of the Courts.

CJA 4-602.pdfVictims’ Rights Committees. Repeal. Repeals the rule because the process for establishing Victims’ Rights Committees is now outlined by Utah Code section 77-37-5.

CJA 9-105.pdfJustice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.

CJA 9-302.pdfMandatory electronic filing. New. Provides that e-filing will be discretionary in justice court criminal cases from July 1, 2016 to December 31, 2016. Provides that e-filing will be mandatory in justice court criminal cases beginning January 1, 2017.

CJA 1-201.pdfMembership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.

How to View Redline Text of the Amendments

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

Notice of Approved Amendments to Utah Court Rules 1

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective May 1, 2016.

Summary of Approved Amendments

Rules Governing the Utah State Bar

USB 14-803 Inactive lawyers providing legal services for legal services organizations; purposes. Amend. The changes to Rule 14-803 expand the scope of the rule to allow inactive Utah attorneys to provide pro bono legal services under the auspices of an approved sponsoring entity without the requirement of a supervising attorney. The rule has also been expanded to allow attorneys admitted in other jurisdictions, who are not admitted in Utah but living in Utah, to provide pro bono legal services under the rule.

How to View Redline Text of the Amendments

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

Notice of Proposed Amendment to Code of Judicial Administration

The Utah Supreme Court invites comments to the following proposed amendment to the Code of Judicial Administration. The comment period expires June 16, 2016.

Summary of Proposed Amendment

Code of Judicial Administration

CJA 11-201. Senior Judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases.

How to View Redline Text of the Proposed Amendment

To see proposed rule amendment and submit comments, click on this link to:  http://www.utcourts.gov/resources/rules/comments/, then click on the rule number.

How to Submit Comments

You can comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient to submit comments through the website. After clicking on the comment link, you will be asked for your name, which is required, and your email address which need not be your real address. The comment website is public. Each comment must be approved by the site administrator before it will show on the public website.  Although all comments will be considered, they will not be acknowledged with a response.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.  The list of committees can be found at: https://www.utcourts.gov/committees/.

Nominee Named to Fill Fairview City Justice Court Vacancy

NOMINEE NAMED TO FILL FAIRVIEW CITY JUSTICE COURT VACANCY

Fairview, UT— The Sanpete County Nominating Commission has announced the appointment of the Honorable Mark Kay McIff to fill the Fairview City Justice Court vacancy. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

Mark McIff is currently the Justice Court judge in the Sevier and Piute County Justice Courts. He is an attorney who practices law in the south central Utah area. He holds a bachelor’s degree in accounting (1995) from Southern Utah University in Cedar City, and a juris doctorate degree (1998) from Gonzaga University in Spokane, Washington. McIff has held several positions, including Piute County Attorney, Wayne County Attorney, Deputy Sevier County Attorney, Deputy Garfield County Attorney, city prosecutor for several cities in the district, and chief criminal prosecutor for the Wasatch County Attorney’s Office in Heber City. He has served as the chair of the Sevier County Republican Party. He Resides in Richfield with his wife, Stacee, and two daughters.

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Nominee Named to Fill Kane County Justice Court Vacancy

NOMINEE NAMED TO FILL KANE COUNTY JUSTICE COURT VACANCY

Kane County, UT— The Kane County Nominating Commission has announced the appointment of Judge Gary L. Johnson to fill the Kane County Justice Court vacancy. The position will replace Judge F. Kirk Heaton who will retire effective June 30, 2016.

Gary Johnson is a fourth generation Kane County native and has resided in Kanab for the majority of his life. Johnson graduated from Kanab High School and received a Bachelor of Arts degree from Southern Utah University. Johnson Served as judge for the Kanab City Justice Court from 1998 until the court was dissolved in 2014. Since then he has served as Judge Pro Tem for the Kane County Justice Court. He also served a two-year term as the tribal Judge for the Kaibab Band of Paiute Indians.

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Free Documentary and Panel Discussion on Supporting Elderly Caregivers

FREE DOCUMENTARY AND PANEL DISCUSSION ON SUPPORTING CAREGIVERS

WHAT: Americans are living longer than ever before. Who will take care of those who can no longer care for themselves? How will the nation adapt to ensure that adequate care can be provided for both the caregivers and for those being cared for? Free documentary film screening of “Caring for Mom and Dad” and panel discussion.

WHEN: Wednesday, April 20 at 6:00 – 8:00 p.m.

WHERE: Provo Recreation Center, 320 W. 500 North, Provo. East entrance, Multi-purpose room.

WHO: Representatives from Utah State Courts, Utah Chapter of the Alzheimer’s Association and the Department of Health.

For information call 801-578-3925 or visit https://www.utcourts.gov/howto/family/gc/

Paralegals Celebrate 20 Year Anniversary

Paralegals Celebrate 20 Year Anniversary with Utah State Bar

The paralegal division of the Utah State Bar is celebrating its 20-year anniversary with the Utah State Bar with a Platinum Anniversary Celebration on Friday, Apr. 22, 2016 at the at the Grand Hall at the Gateway. In recognition of the foresight of the Utah State Bar in creating the paralegal division and of the paralegal division for its accomplishments over the past 20 years, the current board of directors of the division is bringing together members of the legal community to celebrate. The semi-formal evening, presented by Platinum Sponsors Alpine Court Reporting, Christensen & Jensen, Eisenberg Gilchrist & Cutt, Parsons Behle & Latimer, Injury Care Solutions, Strong & Hanni, Trask Britt, 1-800 Contacts, Robert J. Debry & Associates and the Utah State Bar will feature a fun and energetic program with Party Rock Project (Coca-Cola, GE, United Way, NBC, Sharp) and pre-dinner entertainer Mental Mysteries Paul Draper (A&E, History Channel, Hell’s Kitchen, Yale, Apple Cupertino HQ).

The paralegal division was created by the Utah Supreme Court on Apr. 6, 1996 upon petition by the Utah State Bar and the Board of Bar Commissioners. The division was created, in part, to assist the legal community in meeting the legal needs of the public. The ABA adopted this definition of paralegals, “A legal assistant or paralegal is a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible.”

The paralegal division has been operating for the past 20 years as a section of the Bar and has been consistent in its efforts to serve its members, the Bar, and the community. Our members bring a high level of skill and professionalism to the delivery of legal services and come from all venues of the legal community including law firms, corporations, and government offices. They also participate in a variety of community service projects.

The paralegal division also thanks its Gold Sponsors Cicayda, DepoMax, Kipp and Christian, Intermountain Health Care, Ray Quinney & Nebeker, Litigation Services, Richards Brandt Miller & Nelson, Siegfried & Jensen and the Young Lawyers Division of the Utah State Bar and Silver Sponsors Wasatch Attorney Services, Resilient and the Utah Minority Bar Association. More information about the paralegal division, paralegal profession and purchasing tickets may be found at http://paralegals.utahbar.org/. Members of the Utah State Bar may also login to their member portal to purchase tickets.