Notice of Proposed Amendments to Utah Court Rules 2

The Utah Supreme Court and the Utah Judicial Council invite comments to the following proposed amendments to court rules. Unless otherwise noted, the comment period expires March 14, 2016.

Summary of Proposed Amendments

Code of Judicial Administration

CJA 03-0302. 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 03-0306.01. Language 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 03-0306.02. Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.
CJA 03-0306.03. Interpreter 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 03-0306.04. Interpreter 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 03-0306.05. Interpreter 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 04-0106. Electronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.
CJA 04-0408.01 Responsibility 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 04-0602. Victims’ 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 09-0105. Justice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.
CJA 09-0302. Mandatory 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 December 31, 2016.

Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
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Notice of Approved Amendments to Utah Court Rules 1

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

Summary of Approved Amendments 

Code of Judicial Administration

CJA 04-0202.02. Records classification. Amend. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.

Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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.

 

Justice John Pearce to Take Oath of Office

MEDIA ADVISORY
FOR IMMEDIATE RELEASE Contact: Geoffrey Fattah
January 27, 2016 (801) 578-3994
Cell: (801) 712-4545

JUSTICE JOHN PEARCE TO TAKE OATH OF OFFICE

WHAT: Investiture Ceremony for John A. Pearce as a justice for the Utah Supreme Court

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will administer the oath of office. Presenters include Governor Gary Herbert and Jennifer Napier-Pearce.

WHEN: Friday, January 29 at 2:00 p.m.

WHERE: Utah Supreme Courtroom, Scott M. Matheson Courthouse, 5th floor.

Note: Due to a large number of attendees anticipated, we will be accepting media pool requests for stills, TV, and radio. Please email requests to: geofff@utcourts.gov

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Garfield County Judge Selection Meeting Planned

FOR IMMEDIATE RELEASE

January 27th, 2016
Contact:  Melisse Stiglich
(801) 578-3844

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Garfield County, UT—The Garfield County Judicial Nominating Commission has scheduled a meeting on February 16th, 2016, to select a candidate for the Garfield County Justice Court to replace Judge Russell B. Bulkley who will retire March 31st, 2016. The commission will begin the meeting at 11:00 a.m. at the Garfield County Courthouse, 55 South Main St., in Panguitch.

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 11:00 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.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

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Utah Court Of Appeals Announces A Special Oral Arguments Session At Southern Utah University

FOR IMMEDIATE RELEASE

January 26, 2016

THE UTAH COURT OF APPEALS ANNOUNCES A SPECIAL ORAL ARGUMENTS SESSION AT SOUTHERN UTAH UNIVERSITY

WHAT:      The Utah Court of Appeals periodically holds court sessions in other locations to enhance the public’s understanding of the court’s work and to provide the public with an opportunity to see the Court of Appeals in session.

Cases to be heard are as follows:

9:30 a.m. – Bresee v. Barton

9:30 a.m. – JENCO LC v. Perkins Coie LLP

11:30 a.m. – State v. Martinez-Castellanos

The judges will remain after the final oral argument for a question and answer session.

WHEN:      Thursday, January 28, 2016, at 9:30 a.m. to approximately 1:00 p.m.

WHERE:   Southern Utah University
Hunter Conference Center, Gilbert Great Hall
351 West Center Street
Cedar City, Utah

WHO:        Panel Members Include: Honorable Gregory K. Orme, Honorable Stephen L. Roth, Honorable Kate A. Toomey

Members of the public are cordially invited to attend.

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State of the Judiciary Planned for Jan. 25 @ 2:15 p.m.

MEDIA ADVISORY

Jan. 25, 2016

Contact: Geoffrey Fattah

(801) 578-3994

CHIEF JUSTICE DURRANT TO PRESENT STATE OF THE JUDICIARY

WHAT: 2016 State of the Judiciary Address

WHO: The Honorable Matthew B. Durrant, Chief Justice of the Utah Supreme Court, will address the Senate and the House separately.

WHEN: Monday, Jan. 25: House at 2:15 p.m.; Senate approx. 2:45 p.m.

WHERE: Utah State Capitol

Copies of Chief Justice Durrant’s speech will be distributed to reporters at the Capitol at the start of the address. An electronic copy will be available at (http://www.utcourts.gov/media/news/) following the address.

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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 January 21, 2016.

Summary of Approved Amendments 

 Rules Governing the Utah State Bar

USB 14-0503. Ethics and Discipline Committee. Amend. Provides for a third committee vice chair. Allows a chair or vice chair of one screening panel to serve on another.
USB 14-0510. Prosecution and appeals. Amend. Describes the role of the screening panel as investigator and fact finder. Requires an OPC summary — if provided to a screening panel — to also be provided to the respondent and to include any additional violations. Allows the respondent to address any additional violations. Permits the screening panel to find additional violations during the hearing. Describes the process by which the respondent may address the additional violations. Requires a formal complaint to be filed if a screening panel finds probable cause for public discipline or if the misconduct is similar to a pending formal complaint. Allows evidence of prior discipline to be presented at the hearing. Allows for multiple cases to be presented to one screening panel. Allows OPC 30 days in which to file a response to respondent’s exceptions. Allows the chair to extend the time in which to file an exception or response so the respondent or OPC can obtain a transcript of the hearing.
USB 14-0517. Additional rules of procedure. Amend. Clarifies that a screening panel chair screens complaints against OPC counsel, committee members and bar commissioners before the appointment of a special counsel.

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.

Kane County Judicial Vacancy Announced

FOR IMMEDIATE RELEASE
Jan. 20th, 2016
Contact: Melisse Stiglich
(801) 578-3800

KANE COUNTY JUSTICE COURT VACANCY ANNOUNCED
Kane County, Utah—Applications are being accepted for a Justice Court judge position in Kane County. The position will replace Judge F. Kirk Heaton who will retire effective June 30th, 2016.

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 $25,984.50 to $46,772.10 with benefits. For additional information, contact Rhonda Gant at (435) 644-4929 or by email rgant@kane.utah.gov.

The deadline for applications is Monday, February 8th, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Kane County Commission Chair Dirk Clayson within 45 days of its first meeting. Clayson then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Davis County Selection Meeting Planned

FOR IMMEDIATE RELEASE

January 19th, 2016 

Contact:  Melisse Stiglich  

(801) 578-3844                              

JUSTICE COURT JUDGE SELECTION MEETING PLANNED

Farmington, UT—The Davis County Judicial Nominating Commission has scheduled a meeting on January 28th, 2016, to select a candidate for the Davis County Justice Court to replace Judge Jerald L. Jensen who resigned October 30th, 2015. The commission will begin meeting at 2:00 p.m. at the Davis County Administration Building, 61 South Main Street, in Farmington.

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 2:00 p.m. to 2:30 p.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.

Individuals interested in appearing before the commission should contact Melisse Stiglich at (801) 578-3844 to request an appointment. Information on the Justice Court Nominating Commission members is available at www.utcourts.gov.

Notice of Proposed Amendments to Utah Court Rules #2

The Utah Supreme Court invites comments to the following proposed amendments to court rules. The comment period expires March 1, 2016.

Summary of Proposed Amendments

Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

Rules of Evidence

URE 0511. Insurance Regulators. New. Creates a privilege for insurance regulators.

How to View Redline Text of the Proposed Amendments

To see proposed rule amendments 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. Although all comments will be considered, they will not be acknowledged with a response.

After submitting your comment on the webpage, you may get an error message, but your comment has been delivered to a buffer, and I will publish it as soon as possible.

Please submit comments directly through the website or to me at the address listed below. One method of submitting a comment is sufficient. If you email a comment, please list the relevant rule in the message line and include your comment in the message text, not in an attachment.

Notice of Approved Amendments to Utah Court Rules #1

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

Summary of Approved Amendments 

Rules of Appellate Procedure

URAP 021. Filing and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.
URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.
URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.

Rules Governing the Utah State Bar

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in rules 14-707 and 14-716.
USB 14-0701. Definitions. Amend.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.
USB 14-0704. Qualifications for admission of Attorney Applicants. Amend.
USB 14-0705. Admission by motion. Amend.
USB 14-0706. Test accommodations. Amend.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend.
USB 14-0708. Character and fitness. Amend.
USB 14-0709. Application denial. Amend.
USB 14-0710. Administration of the Bar Exam. Amend.
USB 14-0711. Grading and passing of the Bar Exam. Amend.
USB 14-0712. Qualifications for admission based on UBE. Amend.
USB 14-0715. Bar Examination appeals. Amend.
USB 14-0716. License fees; enrollment fees; oath and admission. Amend.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys. Amend.
USB 14-0718. Licensing of Foreign Legal Consultants. Amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Amend.

Rules Governing the Utah State Bar

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

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.

Court rule change: student practice extended to second year; cases expanded to include felonies.

Court rule change:  student practice extended to second year; cases expanded to include felonies.

On January 6, 2016, the Utah Supreme Court approved changes to the Law Student and Law Graduate Legal Assistance Rule 14-807. The changes allow second year law students to provide legal assistance under the rule. The old rule only permitted third year law students and recent graduates who have not yet passed a bar exam to provide assistance under the rule. The changes also expand the types of cases law students are allowed to handle. As before the amendments, all students must be supervised by a licensed attorney and have the written consent of the client.

Students providing assistance under the rule must do so as part of a law school clinic or externship, be volunteering for a tax-exempt or governmental agency or employed by a for-profit entity and supervised by an attorney who works for that entity. The rule does not allow students to seek private clients or to provide legal assistance on their own without supervision.

Allowing second year law students to provide legal assistance will increase the pool of individuals available to assist poor and low income clients in law school and Bar clinics and other assistance programs across the State. Additionally, expanding the types of cases law students are allowed to handle will give law students in Utah more opportunity for hands on, practical training during law school.

Rule 14-807:  http://www.utcourts.gov/resources/rules/ucja/ch14/08%20Special%20Practice/USB14-807.html

 

 

 

 

Garfield County Vacancy Extended

FOR IMMEDIATE RELEASE  

Dec. 30th, 2015

Contact: Melisse Stiglich
(801) 578-3800

GARFIELD COUNTY JUSTICE COURT VACANCY EXTENDED

Garfield County, Utah—Applications are being accepted for a Justice Court judge position in Garfield County. The position will replace Judge Russell B. Bulkley who will retire March 31, 2016.

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 $24,000 with benefits. For additional information, contact Camille Morre at (435) 676-1120.

The deadline for applications has been extended to January 12th, 2016 at 5 p.m. and applications should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Garfield County Commission Chair Leland Pollock within 45 days of its first meeting. Pollock then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Davis County Judicial Vacancy Announced

FOR IMMEDIATE RELEASE

Dec. 21, 2015

Contact: Melisse Stiglich

DAVIS COUNTY JUSTICE COURT VACANCY ANNOUNCED

Davis County, Utah—Applications are being accepted for a Justice Court judge position in Davis County. The position will replace Judge Jerald L. Jensen who retired in October, 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 $100,000 to $120,000 with benefits. For additional information, contact Jana Bake at 801-451-3416.

The deadline for applications is January 15th, 2016 at 5 p.m. and should be sent to the attention of Melisse Stiglich, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT, 84114-0241, or faxed to (801) 238-7828. For an application or more information, email melisses@utcourts.gov.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to Davis County Commission Chair P. Bret Millburn within 45 days of its first meeting. Millburn then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.
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