Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

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 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
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.
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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 May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

CJA 4-202.02. Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.

CJA 03-0111. Performance evaluation of senior judges and court commissioners. Amend. Requires a presiding judge to evaluate a senior judge’s performance every 18 months after the first term and a commissioner’s performance annually. Changes the evaluation criteria to more closely match the JPEC criteria. Effective February 23, 2015 under Rule 2-205.
CJA 03-0201. Court commissioners. Amend. Requires a court commissioner to undergo a performance evaluation annually. Effective February 23, 2015 under Rule 2-205.
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Nominee Named for Piute County Justice Court Vacancy

FOR IMMEDIATE RELEASE  

Feb. 20, 2015

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

NOMINEES ANNOUNCED FOR PIUTE COUNTY JUSTICE COURT VACANCY

Junction, UT—The Piute County Nominating Commission has selected two nominees for a vacancy at the Piute County Justice Court. The position will replace Judge Thomas Robertson who retired effective Jan. 16, 2015.

Following are the nominees followed by place of employment and residence:
·Honorable Mark Kay McIff, Sevier County Justice Court judge, The McIff Firm. P.C., Richfield
·John “Jack” Joseph Tighe, Jr., retired private investigator and detective, Las Vegas Metro Police Dept., Circleville

A comment period will be held through March 4, 2015, before a final candidate is selected by Piute County Commission Chair Rick Blackwell, who has 30 days to make an appointment. The appointment is subject to ratification by the Piute County Commission. 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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Regence Deadline Extended!

Regence deadline extended!  All applications must be submitted by 11:59PM on 2/28/2015!

Regence Blue Cross has extended their enrollment to February 28, 2015.  

If you have Regence and you live or work in Park City Make  sure you have checked the Networks for your doctor and hospital.  Regence recently changed and the Focal Point is no longer connected to Rosenberg Cooley or Park City Hospital.  To access these you must have the Valuecare network (see attached).

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e.Bulletin for February 2015

MESSAGE FROM PRESIDENT JAMES D. GILSON

I hope you will be joining me for the Spring Convention on March 12-14 in St. George.  Take advantage of the Early Bird Discount by tomorrow; see details at these pages:  schedule, lodging, and registration.  And don’t forget The Quinn Essential—the Judge Quinn Memorial Awareness Ride on Friday at 3:30.  Net proceeds to be donated to “AND JUSTICE FOR ALL” and to publicize distracted driver and bike safety.  See details at The Quinn Essential.

Last month I mentioned that U.S. Supreme Court Justice Anthony Kennedy is the keynote speaker for our Summer Convention in Sun Valley on July 29-August 1.  See Sun Valley lodging options and online reservations.
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Free Class on How to Create Custody Papers Offered in Spanish

FOR IMMEDIATE RELEASE  

February 10, 2015

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

SELF-HELP CENTER OFFERS FREE CLASSES IN SPANISH
February Topic: How to Create Custody Papers

West Valley, UT—The Utah State Court’s Self-Help Center is offering a series of free classes to help the public learn how to navigate the court system. The classes are offered in Spanish and are geared towards people who are representing themselves in a civil court case or those assisting such individuals.

The Feb. 17 class will focus on how to create paperwork for custody—when parents aren’t married—using the Online Court Assistance Program (OCAP). The class takes place from 6:30 to 7:30 p.m., at the West Valley Public Library, 2880 West 3650 South.
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Piute Nominating Commission Sets Meeting to Select Judge

FOR IMMEDIATE RELEASE
February 6, 2015
Contact: Nancy Volmer
(801) 578-3994
Cell: (801) 712-4545

JUSTICE COURT SELECTION MEETING PLANNED

Junction, UT—The Piute County Judicial Nominating Commission has scheduled a meeting on Feb.19, 2015, to select a candidate for the Piute County Justice Court to replace Judge Thomas Lee Robertson who retired effective Jan. 16, 2015. The commission will begin meeting at 11 a.m. at the Piute County Commission Chambers, 550 North Main St., Junction.

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 11 a.m. to 11:30 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 14-04

Utah State Bar
Ethics Advisory Opinion Committee
Revised Opinion Number 14-04 (see Dissent)
Issued November 12, 2014

ISSUE

1.         What are the ethical limits to participating in attorney rating systems, especially those that identify “the Best Lawyer” or “Super Lawyer”?

OPINION

2.         Rule 7.1 of the Utah Rules of Professional Conduct (the “URPC”) prohibits false or misleading communications concerning a lawyer or a lawyer’s services. An unsubstantiated comparison of lawyers is false or misleading if it would lead a reasonable person to conclude that the comparison can be substantiated. Advertisement of a rating, or of inclusion in a ranking list as being “super” or “best” or the like, by a comparing organization is permissible where the comparing organization has made an appropriate inquiry into the lawyer’s fitness, the lawyer does not pay to receive the rating itself (although she may pay for an investigation in accordance with Rule 7.2), the comparing organization’s methodology or standard used to determine the rating or ranking is fully disclosed and explained and conveniently available to the public, and the communication disclaims the approval of the Utah Supreme Court and/or the Utah State Bar. The factual basis for the comparison of the rated or listed lawyer’s services to the services of other lawyers must be verifiable in order to pass muster under Rule 7.1. Any advertisement must state that the lawyer was included in a “super” or other such list or ranking rather than describe the lawyer as being a “super lawyer” or the “best lawyer.”  The statements that a lawyer is “super” or the “best” cannot be factually substantiated and are inherently misleading.
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Ethics Advisory Opinion 15-01

Utah State Bar
Ethics Advisory Opinion Committee
Opinion Number 15-01
Issued January 13, 2015

ISSUE

  1. The Utah Board of Pardons and Parole (the “Board”) and a private attorney have jointly requested the Ethics Advisory Opinion Committee issue an opinion on what constitutes a “matter” as discussed in Utah Rules of Professional Conduct 1.11(a)(2) and 1.12(a).  Specifically, in light of the nature of Board proceedings, do all decisions involving an individual offender constitute the same “matter” for purposes of Rule 1.11(a)(2) and 1.12(a)?  What are the limitations on a former member of the Board or hearing officer in representing offenders before the Board?

OPINION

  1. A former member of the Board (or hearing officer) may not represent an offender before the Board without the informed written consent of the Board where the former Board member (or hearing officer) personally and substantially participated in prior Board proceedings involving the same offender.  However, the specific facts and circumstances of the subsequent representation, including, without limitation, the lapse of time between the two Board proceedings and nature of the offenses involved, may often provide a basis for the Board to waive any potential conflict in such a situation.
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Ethics Advisory Opinion 14-05

Utah State Bar
Ethics Advisory Opinion Committee
Opinion Number 14-05
Issued December 22, 2014

ISSUE

  1. When an Attorney (A) is representing another Lawyer (L) in a legal malpractice or disciplinary action, and Lawyer L undertakes to represent a client in a matter adverse to a client of Attorney A, what are the ethical considerations?

OPINION

2.         Attorney A representing a Lawyer L in a disciplinary or legal malpractice matter may face a concurrent conflict of interest if the Lawyer L (client) represents an individual who is an opposing party to a client represented by Attorney A.  A concurrent conflict of interest would arise if there is a significant risk that Attorney A’s representation of Lawyer L be will materially limited by her responsibilities to the client being sued by Lawyer L’s client; or if there is a significant risk that Attorney A’s representation of a client against Lawyer L’s client will be materially limited by her representation of Lawyer L.  Whether this situation poses a serious risk of materially limiting Attorney A’s representation requires analyzing the factual situations presented.
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Students Can Sign Up to be a Judge for a Day

FOR IMMEDIATE RELEASE  

January 29, 2015

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

UTAH STATE COURTS PLAN JUDGE FOR A DAY PROGRAM

Salt Lake City, UT—The Utah State Courts are planning the 10th Annual “Judge for a Day,” program in recognition of Law Day, which is celebrated on May 1, 2015. On May 1, 1958, President Dwight D. Eisenhower proclaimed the first Law Day as a day of national dedication to the principle of government under law.

Utah high school students are selected to participate in the program based on an essay, civic involvement resume or teacher nomination letter. For students who choose to write an essay the Law Day theme is “Magna Carta: Symbol of Freedom Under Law.”  Perhaps more than any other document in human history, the Magna Carta has come to embody a simple but enduring truth: No one, no matter how powerful, is above the law.
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Benefit Announcement from National Affinity.net

The Deadline for enrolling in a health insurance for a March 1, 2015 effective date is February 15, 2015.  This is one of the last opportunities to comply with our new healthcare law and avoid the 2% of family income fine. To get quotes now…

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We are pleased to offer the best new plans to supplement your health insurance.  

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Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court invites comments to the following proposed court rule. The comment period expires on March 17, 2015.

Summary of proposed amendments 

URE 0616. Statements Made During Custodial Interrogations. New. Outlines the requirements for admissibility of statements made during custodial interrogations and provides exceptions.

How to view redline text of the proposed amendments

To see proposed rule amendments and to 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 may comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient if you submit comments through the website, and you are encouraged to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address which need not be your real address. At the beginning of your comment, please state the rule it addresses. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.
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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 May 1, 2015, unless otherwise noted.

Summary of Approved Amendments 

Code of Judicial Administration

CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.

Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Provides that a matter may be referred to the Professional Counseling Board. Gives the Office of Professional Conduct the right to appeal a screening panel decision. Makes technical changes.

How to View Redline Text of the Amendments
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