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, 2016.

Code of Judicial Administration

CJA 03-0403.pdf Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02.pdf Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404.pdf Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903.pdf Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

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.

Committee Vacancies

The Supreme Court is seeking applicants to fill vacancies on two of its standing committees. To apply for appointment, complete an online application at https://www.surveymonkey.com/r/TXBZHJ7. Be sure to click “done” at the end to submit the application, and you will be directed to the court’s main page.

Applications must be received by 5:00 pm Monday, July 11, 2016. The Supreme Court will make the appointments without interviews. All applicants will be notified of the results. The appointees will fill the unexpired terms of members who have resigned.

The online application lists all of the Supreme Court’s standing committees, but there are vacancies only on the following:

Advisory Committee on Rules of Professional Conduct. One vacancy.

The committee meets as needed (generally monthly on Monday evening from 5:00 to 7:00 p.m.) at the Matheson Courthouse to review and respond to issues related to Utah’s Rules of Professional Conduct. For example, as the ABA develops new Model Rules of Professional Conduct, the committee reviews them and decides whether to adopt the rules in Utah. The committee also responds to new caselaw challenging the rules, and to requests to amend the rules.

Ethics and Discipline Diversion Committee. One vacancy.

The committee evaluates cases recommended for diversion and decides whether to enter into a diversion contract or to return the case to OPC for prosecution. The committee verifies compliance with the terms of the diversion contract. Diversion cases typically are less serious than cases that a screening panel would hear. Most communication among committee members is by email or telephone conference. The committee meets as needed. Diversion is governed by Rule 14-533.

Notice of Proposed Amendment to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Criminal Procedure. The comment period expires July 24, 2016.

Utah Rules of Criminal Procedure

Rule 038   Amend.  The proposed amendment clarifies that a defendant may withdraw an appeal prior to entry of a plea of guilt or prior to commencement of trial.

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 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 16, 2016.

Utah Rules of Appellate Procedure

Rule 14 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

Rule 25A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

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 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/.

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.

Nominees Announced for Fairview City Justice Court Vacancy

NOMINEES ANNOUNCED FOR FAIRVIEW CITY JUSTICE COURT VACANCY

Fairview, UT—The Sanpete County Nominating Commission has selected three nominees for an upcoming vacancy at the Sanpete County Justice Court. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

Following are the nominees followed by place of employment and residence:

  • Matthew Lamar Duffin, JD; Utah Valley University Associate Professor; Spanish Fork
  • LuAnn H Greenwell; Retired fromWells Fargo Bank; Fairview
  • Honorable Judge Mark Kay McIff; Sevier and Piute County Justice Court Judge, Attorney at Law; Richfield

A comment period will be held through April 15, 2016, before a final candidate is selected by the Mayor of Fairview City, Jeff Cox, who has 30 days to make an appointment. The appointment is subject to ratification by the Fairview 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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Nominees Announced for Second District Commissioner Vacancy

NOMINEES ANNOUNCED FOR SECOND DISTRICT COMMISSIONER VACANCY

Farmington, UT—The Second District Commissioner Nominating Committee has selected four nominees for an upcoming commissioner vacancy. The position will replace David S. Dillon who will retire effective June 30, 2016.

The nominees are:

  • David Benard who currently serves as an assistant attorney general, representing DCFS cases. Benard has been with the Utah Attorney General’s Office since 1999. Prior to his service in the AG’s Office he was an associate and partner with Palmer & Palmer, which changed to Palmer & Benard.
  • Thomas R Morgan who currently serves as a family law private attorney. Prior to 2006 he was with Robert Echard & Associates.
  • Andrew P. Munson who currently serves as a law clerk for US District Court Judge David Nuffer. Munson previously has served as an attorney law clerk and traffic court referee with the Utah State Courts, starting in 2010.
  • Jennifer Spangenberg who currently serves as a guardian ad litem attorney with the Office of Guardian ad Litem. Prior to that, she was with Utah Legal Services, where she served as a staff attorney and managing attorney since 2008.

A comment period will be held through April 19, 2016, before a final candidate is selected. The Utah Judicial Council must then certify the appointment within 45 days of selection. To submit written comments about the candidates, contact Jane Olsen, Administrative Office of the Courts, janeo@utcourts.gov.

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Notice of Proposed Amendment to Utah Rules of Civil Procedure

The Utah Supreme Court invites comments to the following proposed amendment to Utah Rules of Civil Procedure. The comment period expires May 20, 2016.

Summary of Proposed Amendment

Utah Rules of Civil Procedure

Rule 004. The proposed amendment eliminates the authority to serve a defendant any time before trial, see St. Jeor v. Kerr Corporation, 2015 UT 49, ¶2. It also allows for and describes acceptance of the summons and complaint, which replaces the section on waiver of service, and it requires proof of service to include a copy of the summons.

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. 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.  I will publish it as soon as possible.

Please submit comments directly through the website.  Should you have any questions, please contact the committee staff person.

Nominees Announced for Second District Commissioner Vacancy

NOMINEES ANNOUNCED FOR SECOND DISTRICT COMMISSIONER VACANCY

Farmington, UT—The Second District Commissioner Nominating Committee has selected four nominees for an upcoming commissioner vacancy. The position will replace David S. Dillon who will retire effective June 30, 2016.

The nominees are:

  • David Benard who currently serves as an assistant attorney general, representing DCFS cases. Benard has been with the Utah Attorney General’s Office since 1999. Prior to his service in the AG’s Office he was an associate and partner with Palmer & Palmer, which changed to Palmer & Benard.
  • Thomas R Morgan who currently serves as a family law private attorney. Prior to 2006 he was with Robert Echard & Associates.
  • Andrew P. Munson who currently serves as a law clerk for US District Court Judge David Nuffer. Munson previously has served as an attorney law clerk and traffic court referee with the Utah State Courts, starting in 2010.
  • Jennifer Spangenberg who currently serves as a guardian ad litem attorney with the Office of Guardian ad Litem. Prior to that, she was with Utah Legal Services, where she served as a staff attorney and managing attorney since 2008.

A comment period will be held through April 19, 2016, before a final candidate is selected. The Utah Judicial Council must then certify the appointment within 45 days of selection. To submit written comments about the candidates, contact Jane Olsen, Administrative Office of the Courts,janeo@utcourts.gov.

Supreme Court Committee Vacancies

The Supreme Court is seeking applicants to fill vacancies on two of its standing committees. To apply for appointment, complete an online application at https://www.surveymonkey.com/r/TXBZHJ7. Be sure to click “done” at the end to submit the application, and you will be directed to the court’s main page. Then send by email a brief resume to Tim Shea, Appellate Court Administrator, at tims@utcourts.gov. Adobe PDF files are preferred. Be sure to identify the committees that you are applying for.

Applications and resumes must be received by 5:00 pm Friday, April 22, 2016. The Supreme Court will make the appointments without interviews. All applicants will be notified of the results. The appointments begin July 1.

The online application lists all of the Supreme Court’s standing committees, but there are vacancies only on the following:

Advisory Committee on Rules of Civil Procedure. 2 vacancies. 4-year term.

The committee recommends civil policies and procedures to the Supreme Court after considering suggested amendments from judges, attorneys and the public. The committee usually meets from 4:00 to 6:00 p.m. on the fourth Wednesday of the month from September through May at the Matheson Courthouse. Detailed information about the committee’s work is on the Web at http://www.utcourts.gov/committees/civproc/.

Advisory Committee on Rules of Evidence. 2 vacancies. 4-year term.

The committee is comprised of attorneys and judges with civil and criminal trial experience. The committee meets as needed 5 to 6 times a year to consider new and amended Rules of Evidence, including the application of changes in the Federal Rules of Evidence in Utah state courts and changes necessitated by caselaw. The committee meets in the evening at the Matheson Courthouse.

Notice of Proposed Amendments to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed amendments to Utah Rules of Criminal Procedure. The comment period expires May 1, 2016.

Summary of Proposed Amendments

 Utah Rules of Criminal Procedure

Rule 18  The propose amendment replaces the current language on alternate jurors.  The language is borrowed from the federal rules.  The primary motivation behind the change is to eliminate the requirement that alternate jurors be discharged when the jury retires to deliberate.

Rule 38  The proposed amendment creates a process for reinstating the time for appeal in justice courts, consistent with the principles in Manning v. State, 2004 UT App 87.  The amendment creates deadlines for motions and subsequent notices of appeal.

How to View Redline Text of the Proposed Amendment

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.  I will publish it as soon as possible.

Please submit comments directly through the website or to me. 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.

Reyes Aguilar Jr. & Carl Hernandez III to Receive 2016 Raymond S. Uno Award

Contact:  Sean Toomey, Communications Director, Utah State Bar,

645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Reyes Aguilar Jr. & Carl Hernandez III to Receive 2016 Raymond S. Uno Award

Recognized for Contributing to the Advancement of Minorities in the Legal Profession.

Utah State Bar is honoring Reyes Aguilar Jr. and Carl Hernandez with the Raymond S. Uno award for professionalism, public service, and public dedication which has enhanced the advancement of minorities in the profession and the administration of justice.

Reyes Aguilar Jr. is associate dean for admissions and financial aid at the University of Utah S.J. Quinney College of Law, his alma mater where he served as an active member of the SJQ Minority Law Caucus, President of the Student Bar Association, and Teaching Assistant for the Academic Support Program.

Aguilar spends months on the road each year, traveling to college campuses across the country to recruit students, including diverse candidates. He then recruits current SJQ students to act as ‘ambassadors’ to speak with the potential recruits. After students matriculate into law school, Aguilar serves as a financial resource and mentor, enabling diverse students to complete their education.

Aguilar has developed important local ‘pipeline’ programs:

Kids Court is a very-early ‘pipeline’ program which pairs SJQ law students as mentors for a group of youngsters at Rose Park Elementary School (a Title I school with among Utah’s most diverse student body), and over the course of multiple years encourages those youngsters to complete their K-12 education and go on to undergraduate and graduate education.

Passageways to Law is a mid-point ‘pipeline’ program, recruiting, advising and assisting local high-school students considering a career in law. It includes outreach to school counselors and the students at local high schools, and brings groups of the minority students to the SJQ building for a day to attend presentations and meet with law students and faculty.

Pre-law LEAP is a late-point ‘pipeline’ program, preparing diverse undergraduate students to enter law school. The program takes a small cohort group of undergraduate students from backgrounds underrepresented in the legal profession, and takes them through a series of undergraduate courses over a three-year period, coupled with special advising, numerous meetings with minority lawyer role models, and participation in relevant events at the University and in the local community.

Also on campus, Aguilar continued his work with the SJQ Academic Support Program which provides tutoring assistance, advising, and other support to students who may benefit from the programming.

Aguilar continually and extensively serves the local and national legal community through his endless service on boards and committees that advance student interests, including extensive work with the Law School Admissions Council, which, in addition to administering the Law School Admission Test, helps connect student-candidates with law schools, and is the primary national organization influencing law school admissions processes and student preparation for seeking admission.

Aguilar has been active with the Utah Coalition of La Raza Hispanic Unity and Youth Leadership Conference and the Salt Lake County Division of Youth Services. He has also served the university in other areas, such as the Discrimination Complaints Hearing Panel and the Equal Opportunity/Affirmative Action Commission. Aguilar is an active member of the Utah Minority Bar Association and in 2003, UMBA named him as honoree of the year.
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Barbara G. Hjelle to Receive 2016 Utah State Bar Dorathy Merrill Brothers Award

Contact:  Sean Toomey, Communications Director, Utah State Bar,

645 South 200 East, SLC UT 84111, 801-297-7059, sean.toomey@utahbar.org

Barbara G. Hjelle to Receive 2016 Utah State Bar Dorathy Merrill Brothers Award

Recognized for Contributing to the Advancement of Women in the Legal Profession.

The Utah State Bar is honoring Barbara G. Hjelle with the Dorathy Merrill Brothers Award for her professionalism, public service, and public dedication which has enhanced the advancement of women in the profession and the administration of justice.

Barbara Hjelle was Washington County’s first resident female attorney and currently serves as the associate general manager and counsel for Washington County Water Conservancy District.  She oversees in-house legal work, records management, customer service, and provides general assistance to the general manager.

Prior to joining the district, Hjelle worked in private practice and managed the Washington County Office of Special Counsel for Environmental and Public Lands Issues.

Hjelle graduated cum laude from the University of New Mexico School of Law in May 1985.  She also has a master’s and bachelor’s degree in biology from the University of New Mexico.

Hjelle currently serves as the chair of the National Water Resources Association Policy Development Committee and on the Resolutions Committee of the Colorado River Water Users Association.  She is a past member of the State and Institutional Trust Lands Advisory Board, School and Institutional Trust Lands Board of Trustees, Southwest Utah Mental Health/Alcohol & Drug Center Authority Board (citizen representative), Southern Utah Bar Association, American Bar Association, Association of Trial Lawyers of America and American Association of University Women.  She has also participated as a mentor in the Utah State Bar’s New Lawyer Training Program.

“She is admired for her professionalism by her colleagues in the Washington County area,” said Women Lawyers of Utah Board member Audrey Phillips.  “Due to the nature of her positions at the District and the importance of water-related issues in Utah, she is frequently quoted in public media and has testified before the US Congress on road issues.  This has made her a visible example of a well-respected, professional, and passionate woman lawyer.”

Dorathy Merrill Brothers was the only woman in her graduation class in 1931 and the 16th woman admitted to the Bar in Utah.  She practiced law and was a member of the Utah State Code Commission, which revised the state code.  She was also active in Phi Delta Delta (a legal fraternity for women), Phi Chi Theta (a business fraternity for women), the Business and Professional Women’s Club, and the Ladies Literary Club.

The Utah State Bar was established in 1931 and regulates the practice of law under the authority of the Utah Supreme Court.  The 11,500 lawyers of the Bar serve the public and legal profession with excellence, civility, and integrity.  They envision a just legal system that is understood, valued, and accessible to all.  Visit www.utahbar.org for more information.

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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 April 23, 2016.

Summary of Proposed Amendments

Code of Judicial Administration

CJA 03-0403. Judicial branch education. Amend. Gives the Management Committee authority to excuse an active senior judge applying for reappointment from completing the annual 30 hour education requirement based on good cause. To be eligible, the senior judge must have completed at least 60 total education hours in the two years preceding the effective date of reappointment.

CJA 04-0202.02. Records classification. Amend. Classifies jail booking sheets and nonresident violator notices of compliance as private. Deletes language addressing appellate brief addenda as they are governed by other rules.

CJA 04-0404. Jury selection and service. Amend. Incorporates recent amendments to the statute regarding a juror’s term of service.

CJA 04-0903. Uniform custody evaluations. Amend. Clarifies the list of professionals who may perform custody evaluations. Eliminates the provision allowing two custody evaluators to be appointed if one party resides out of state. Adds additional factors for a custody evaluator to consider when conducting an evaluation.

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/utc/rules-comment/, then scroll down to the comment box.

How to Submit Comments

You can comment by entering your comment in the box and clicking “Post Comment.” Please include the rule number at the beginning of the comment, and your name at the end of the comment. You may view other comments simply by scrolling down. It is most efficient to submit comments through the website. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

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.