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.

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. The amendments are effective May 1, 2016.

Summary of Approved Amendments 

Code of Judicial Administration

CJA 03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.

CJA 04-0202.02. 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.

CJA 04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.

Rules Governing the Utah State Bar

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.

USB 14-0401. Purpose. Amend.

USB 14-0402. Definitions. Amend.

USB 14-0403.  Establishment and Membership of Board. Amend.

USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.

USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.

USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.

USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.

USB 14-0408. Credit hour defined; application for approval. Amend.

USB 14-0409. Self-study categories of accredited MCLE defined. Amend.

USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.

USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.

USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.

USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.

USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.

USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.

USB 14-0417. Miscellaneous fees and expenses. Amend.

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 scroll down and click on the rule number.

Notice of Proposed Model Utah Criminal Jury Instructions

The Utah Judicial Council invites comments to the following proposed model criminal jury instructions. The comment period expires April 1, 2016, but the Judicial Council encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Criminal Jury Instructions Committee.

Summary of Proposed Model Criminal Jury Instructions and Special Verdict Forms Addressing Sexual Offenses

  1. Definitions.
    1602. Sexual Abuse of a Minor.
    1603. Unlawful Sexual Activity with a Minor.
    1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
    1605. Rape.
    1606. Rape of a Child.
    1607. Object Rape.
    1608. Object Rape of a Child.
    1609. Forcible Sodomy.
    1610. Sodomy on a Child.
    1611. Forcible Sexual Abuse.
    1612. Sexual Abuse of a Child.
    1613. Aggravated Sexual Abuse of a Child.
    1614. Aggravated Sexual Assault.
    1615. Consent.
    1616A. Conduct Sufficient to Constitute Sexual Intercourse for Unlawful Sexual Activity with a Minor, Unlawful Sexual Conduct with a 16 or 17 Year Old, or Rape.
    1616B. Conduct Sufficient to Constitute Sexual Intercourse for Rape of a Child.
    1617. Sexual Offense Prior Conviction.
    1618. Serious Bodily Injury.

SVF 1604. Unlawful Sexual Conduct with a 16 or 17 Year Old.
SVF 1613. Aggravated Sexual Abuse of a Child.
SVF 1614. Aggravated Sexual Assault.
SVF 1617. Sexual Offense Prior Conviction.
SVF 1618. Serious Bodily Injury.

How to View Text of the Proposed Model Criminal Jury Instructions

To see proposed jury instructions and submit comments, click on this link http://www.utcourts.gov/utc/muji-comment/2016/03/01/criminal-2015-03-01/, then click on the link in the post.

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.

Submit comments directly through the website or to:

Jeni Wood
Email: jeniw@utcourts.gov
Fax:  801-578-3843
Administrative Office of the Courts
P.O. Box 140241
Salt Lake City, Utah  84114-0241

One method of submitting a comment is sufficient. If you email a comment, please list the relevant instruction(s) in the message line and include your comment in the message text, not in an attachment.

How to view published Model Criminal Jury Instructions

Visit http://www.utcourts.gov/resources/muji/.

How to view the Model Criminal Jury Instructions Committee’s work

Visit http://www.utcourts.gov/committees/muji-criminal/.

Proposed Amendments to Utah Court Rules

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 1, 2016.

Summary of Proposed Amendments

 Appellate Efiling Rules

 The model for e-filing may change as the courts and lawyers gain experience, but the following points describe the main features of the model that we anticipate:

  •          As in the district court and in the juvenile court, e-filing in the appellate courts will be optional when it is available, with mandatory e-filing by lawyers about 2-4 months after that. The AOC will host e-filing. There will be no third-party service providers, as there are in district court.
  •          Self-represented parties will continue to file and serve documents by traditional means, but will be encouraged to e-mail them to the court and to the other parties.
  •          Printed courtesy copies of some briefs will be required. Otherwise only a digital file will be filed.
  •          As in the district court, e-filing a document has the effect of serving the document on other e-filers. Self-represented parties will have to serve and be served using traditional means, which will include email. Unlike URCP 5, service by email on a self-represented party will not require the party’s agreement.
  •         The transcriber will electronically file the transcript, as is now the case.
  •          The record in the review of an administrative agency will be assembled either as a digital or paper file, depending on the capability of the agency, and delivered to the appellate court.
  •         There will be no traditional assembly of the record on appeal from the district court or juvenile court nor an electronic equivalent of assembly into a single digital file. Exhibits offered or introduced as evidence and not electronically filed in the trial court will be sent to the appellate court in the traditional way.
  •          The digital records of the district court and juvenile court will be available to lawyers, self-represented parties and the courts through the courts’ e-filing systems. A digital file of assembled agency records will be available to lawyers, self-represented parties and the courts as a digital file. A paper file of assembled agency records will be checked out of the agency or the appellate court in the traditional manner. The court will print select portions of a digital file for a self-represented party upon request and a showing of need.
  •          Citations in briefs and other appellate filings to the trial court record will be by the number of the document in the trial court docket and the relevant page number within the document. The citation to the trial court record will be a link to the relevant page of the document. Citations to the record of an administrative agency’s digital or paper file will be by citation to the relevant Bates number or page number of the file. The IT department of the AOC has developed an application to simplify the process of creating links, and the application will be publicly available.
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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 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.