Proposed Amendments to Utah Court Rules

The Utah Judicial Council invites comments to the following proposed amendments to court rules. The comment period expires April 14, 2015

Summary of proposed amendments 

CJA 04-0401.01. Electronic media coverage of court proceedings. Amend. Provides a presumption of electronic media coverage in court proceedings where the predominant purpose of the coverage is journalism or dissemination of news to the public. Provides that all requests for electronic media coverage must come through the court’s public information office. Requires that news reporters providing pool coverage shall promptly share their files with other news reporters and that news reporters must be willing and able to share their files to be approved to provide coverage.
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Notice of Approved Amendments to Utah Court Rules

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

Summary of Approved Amendments 

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”

URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Amends the rule to comply with statutory changes to section 78A-6-703 enacted following the 2014 legislative general session.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session.
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Notice of Approved Amendments to Utah Court Rules

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

Summary of Approved Amendments 

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

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

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

Summary of proposed amendments 

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

How to view redline text of the proposed amendments

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

How to submit comments

You may comment and view the comments of others by clicking on the “comments” link associated with each body of rules. It is most efficient if you submit comments through the website, and you are encouraged to do so. After clicking on the comment link, you will be prompted for your name, which we request, and your email address which need not be your real address. At the beginning of your comment, please state the rule it addresses. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.
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Notice of Approved Amendments to Utah Court Rules

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

Summary of Approved Amendments 

Code of Judicial Administration

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

Rules Governing the Utah State Bar

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

How to View Redline Text of the Amendments
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Notice of Approved Amendments to Utah Court Rules

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

 Summary of Approved Amendments 

Code of Judicial Administration

CJA 03-0104. Presiding judges. Amend. Defines a final determination for purposes of a case under advisement.
CJA 03-0403. Judicial branch education. Amend. Requires new judges to attend the first orientation program held after they have taken the oath of office. Provides an exception if attendance is excused by the Management Committee based on good cause.
CJA 04-0403. Signature stamp use. Rename and amend. Provides that a clerk may use a judge’s or commissioner’s electronic signature when the clerk otherwise has permission under the rule to use the signature stamp.
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Notice of Approved Amendments to Utah Court Rules

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

Summary of Approved Amendments 

Rules of Civil Procedure

URCP 026. General provisions governing disclosure and discovery. Amend. Refers the person requesting extraordinary discovery to rule 37.
URCP 030. Depositions upon oral questions. Amend. Deletes an incorrect reference to appellate transcripts of court hearings as the method for preparing a transcript of a deposition.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Replaces traditional discovery motions with the process of expedited statements of discovery issues currently found in Code of Judicial Administration Rule 4-502. If approved, the procedural provisions of Rule 4-502 will be deleted. Allows costs and attorney’s fees to be included as part of a statement of discovery issues, but requires a motion for sanctions.
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Notice of Proposed Amendment to Utah Court Rules

The Utah Supreme Court invite comments to the following proposed amendment to court rules. The comment period expires February 2, 2015.

Summary of proposed amendments

URCP 056. Summary judgment. Amend. Moves the special requirements for motions for summary judgment from Rule 7 to Rule 56. Conforms more closely to FRCP 56, but retains the requirement under Utah law that the party with the burden of proof on an issue must meet its initial burden to present materials in the record establishing that no genuine issue of material fact exists and that the party with the burden of proof is entitled to judgment as a matter of law.
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Notice of Proposed Amendments to Utah Court Rules

The Utah Judicial Council and the Utah Supreme Court invite comments to the following proposed amendments to court rules. The comment period expires January 16, 2015.

Summary of proposed amendments

Code of Judicial Administration

CJA 01-0205. Standing and ad hoc committees. Amend. Reauthorizes numerous Judicial Council standing committees. Adds a representative from the Self-Help Center to the Committee on Resources for Self-represented Parties.
CJA 11-0101. Creation and Composition of Advisory Committees. Amend. Provides for appointment of mid-term committee vacancies in the same manner as an end-of-term vacancy. Changes the circumstances for reappointment for more than two terms.
11-0301. Utah Standards of Judicial Professionalism and Civility. New. Establishes standards of professionalism and civility for Utah judges.
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Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court and Utah Judicial Council invite comments to the following proposed amendments to court rules. The comment period expires December 16, 2014.

Summary of proposed amendments

Rules of Juvenile Procedure

URJP 002. Applicability of Rules of Civil Procedure and Criminal Procedure. Amend. Amends the rule to replace the term “permanent deprivation of parental rights” with “termination of parental rights.”
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Amends the rule to comport with statutory changes to 78A-6-702 enacted following the 2014 legislative general session. This rule is receiving a second comment period to correct the failure to strike a clause in paragraph (e) prior to sending the rule out for comment.
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Notice of Approved Amendments to Utah Court Rules

The Utah Judicial Council has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted.

Summary of approved amendments 

 CJA 01-0205. Standing and ad hoc committees. Amend. Makes the Committee on Model Utah Civil Jury Instructions and the Committee on Model Utah Criminal Jury Instructions standing committees of the Judicial Council. Outlines the membership makeup of each committee. Makes technical corrections. Effective October 27, 2014 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

CJA 04-0405. Juror and witness fees and expenses. Amend. Makes an attorney issuing the subpoena responsible for reimbursing a civil witness for necessary and reasonable parking expenses as required by statute.
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Former Utah Bar President Lori Nelson Appointed Chair of ABA Family Law Section

SOURCE: http://utahpulse.com/index.php/features/business/1238-jones-waldo-s-lori-nelson-appointed-chair-of-american-bar-association-family-law-section

Jones Waldo’s Lori Nelson Appointed Chair of  American Bar Association Family Law Section

on .

Former Utah Bar President Lori Nelson

Former Utah Bar President Lori Nelson

Lori W. Nelson, a veteran litigator with Salt Lake City-based Jones Waldo, was sworn in last month as the incoming chair of the American Bar Association Family Law Section.

In this role, Nelson will oversee the association’s governing body  and more than 10,000 lawyers, associates and student members throughout the world.

Nelson, a Driggs, Idaho native, has practiced domestic law with Jones Waldo for the last eight years. While with the firm, Nelson has held leadership positions on the Jones Waldo board of directors, and is the group leader of the firm’s Domestic and Family Law practice group.
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SJQuinney Law School: An Interview with Utah Bar President James Gilson

Source: http://www.law.utah.edu/news/be-diligent-have-courage-be-a-good-listener-an-interview-with-utah-bar-president-james-gilson/ - Posted on 

James Gilson, ’89, is the current president of the Utah State Bar. In the interview below, he describes the bar’s current activities, reflects on how legal education has changed in the past 25 years, and offers practical advice to young attorneys, including the importance of putting the client’s best interests first.

What inspired you to run for office?  

Time will tell if it was an inspired or a bad idea, but so far so good!  Throughout my career I have enjoyed being involved in pro bono and other volunteer community work to help me keep grounded in my practice–to keep perspective on what’s really important.  I’ve found that interacting with other lawyers on Bar or other community matters on a win/win, non-adversarial basis provides satisfaction and hopefully we’ve done some good.  Bar service is a good anecdote to becoming cynical.  Back in 2008, there were two openings on the Bar Commission and I decided to run for one of the seats.  After being on the Commission for five years, and realizing I was one of the more senior members, I decided it was my turn to step up to the plate as President.  No one opposed me in that election.  I like to think that I won by acclamation, but it probably was more by default.
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e.Bulletin for January 2014

MESSAGE FROM PRESIDENT CURTIS M JENSEN

commissioner_Jensen_CurtisOn behalf of the Utah State Bar Board of Commissioners and all members of the Utah State Bar, I want to extend a personal thanks to the following for their wonderful expertise and resources, diligent efforts, and assistance in recommending the new Association Management and Database Migration System for the Bar: The Honorable David O. Nuffer, United States District Court for the District of Utah; Ron Bowmaster, CIO of the Utah State Courts; David Clark, CIO at Kirton McConkie; Douglas French, CIO at Ray Quinney & Nebeker; and Lincoln Mead, I.T. Director, Utah State Bar. The Commissioners have been studying this issue for a couple of years. A committee was thereafter formed to make final review and recommendations once the Commissioners received word from the Bar’s current database provider that it would no longer be providing such services after the spring of 2014. After receiving the recommendation of the committee for three new software packages for admissions, the OPC, and membership, the Commissioners and staff have accepted the committee’s recommendation. We were especially pleased that there was neutral budget impact when looking at the seven-plus-year life of the new software vs. old. I believe we have made the proper choice and will be acquiring the best system to enhance and benefit our members for years to come.

We’re getting good feedback on our Group Benefits Program listed under Site Highlights at www.utahbar.org. These new benefits are available at no cost to you and your families (or to the Bar), providing discounts for hundreds of local and national brands, stores, programs, and services. New vendors added in the past month are: Avis Car Sales, Good Sam Ventures, 2 Degrees Food, eKnowledge, University of Colorado Boulder, Eve’s Addiction, Red Cross Wellness Program, ThinkOps, Luggage Designers, Kollege Town Sports, OGIO, and AV Law. Please suggest additional products or services (see Nominations in lower left).

We are creating a new page on our website for members to provide perspectives on current legal issues as a public service. Please send any submissions to communications@utahbar.org and include: title, firm, publication date, synopsis for a non-lawyer reader (150 word max), and link to full article (required).

We would like to acknowledge our members who have remained in the legislature this year, helping draft statutes that pass constitutional muster and avoid ambiguity. The lawyer legislators in the House are: Patrice M. Arent, LaVar Christensen, Brian M. Greene, Craig Hall, Kenneth R. Ivory, Michael S. Kennedy, Brian S. King, Daniel McCay, Kay L. McIff, Mike K. McKell, Merrill F. Nelson, Kraig J. Powell, V. Lowry Snow, Keven J. Stratton, and Earl D. Tanner. The lawyer legislators in the Senate are: Lyle W. Hillyard, Mark B. Madsen, Stephen H. Urquhart, John L. Valentine, and Todd Weiler. Please see photos and brief bios in the Jan/Feb Bar Journal. Also thanks to our Governmental Relations Committee, co-chaired by John H. Bogart and Paxton R. Guymon, which monitors legislation for appropriate Bar input.

Volunteers are needed for the West Jordan Middle School We the People program. Attorneys will judge student speeches this Wednesday, January 15. If you can help, please contact krista.gibbons@jordandistrict.org.

The Board of Bar Commissioners is seeking nominations for the Dorathy Merrill Brothers Award for the advancement of women in the legal profession and the Raymond S. Uno Award for the advancement of minorities in the legal profession.

Nominations need to be submitted in writing to adminasst@utahbar.org by Monday, January 20. You can also write to Christy Abad, Executive Secretary, 645 South 200 East, Suite 310, Salt Lake City UT 84111 or fax to 801-531-0660. See past award recipients here.

January & February News

  • Dr. Martin Luther King Jr. Memorial Luncheon
  • January & February Continuing Legal Education
  • Spring Convention Schedule
  • Even Year Mandatory CLE Reporting Cycle
  • Thank You For Another Successful Food & Clothing Drive

Justice Christine Durham will receive the Rosa Parks Award at the NAACP Dr. Martin Luther King Jr. Memorial Luncheon at noon on Monday, January 20, 2014 at the Grand America Hotel. For details and reservations, please visit their site.

January & February Continuing Legal Education—See the Bar’s numerous section luncheons and CLE seminars including:

Law Night at Pioneer Theatre Company – Can You Handle the Truth?—Thursday, January 23

  • 5:30 to 5:45 Registration, S.J. Quinney College of Law Moot Courtroom
  • 5:45 to 6:45 Pre-performance Program/CLE with panel moderator James Holbrook and panelists Lyn Creswell, South Salt Lake City Attorney, George M. Haley, Holland and Hart, Linda Smith, S.J. Quinney College of Law, Clinical Program
  • 6:45 to 7:15 Light Buffet Reception
  • 7:30 A Few Good Men, Pioneer Memorial Theatre
  • Register by January 20 here.

Bar Day at the Legislature—Tuesday, February 18, 9:00 am to 12:15 pm The Utah State Bar is presenting its Annual Bar Day at the Legislature CLE at the State Office Building Auditorium. Previous topics have included issues facing the state government, Utah’s financial environment, the legislative process, and communication with legislators. The event is approved for 3 hours of CLE. Early registration will be $50 through Sunday, February 16; then it will be $75. Attendance is limited to the first 100 registrants; register here.

Spring Convention in St. George March 13-15—Schedule hot off the press in the Jan/Feb Bar Journal and online here. Mark the dates for the Annual Convention in Snowmass, July 16-19, and the Fall Forum in Salt Lake City, November 20-21.

Even Year Mandatory CLE (MCLE) Reporting Cycle (7/1/12 to 6/30/14)—Active Status Lawyers complying in 2014 need to complete a minimum of 24 hours of approved CLE, including at least three hours of accredited ethics, with one of the three in professionalism and civility. A minimum of twelve hours must be earned by attending live CLE presentations. A Certificate of Compliance needs to be submitted by July 31. Downloadable MCLE forms can be found online here. If you have questions, please visit www.utahbar.org/mcle or contact MCLE Director, sydnie.kuhre@utahbar.org, 801-297-7035 or MCLE Assistant, ryan.rapier@utahbar.org, 801-297-7034.

2013 Food & Clothing Drive—The 24th Annual Food and Clothing Drive was one of our best ever. In addition to a 30 foot long truck full of food, clothing, toys and various other useful items, we collected over $3,600 in checks to various organizations that we supported as outlined in the flyer, we also contributed 150 five pound hams with all of the trimmings for a complete dinner for 150 families. The donated food and clothing was all sorted over the weekend of December 20, 2013, and distributed to families and individuals on the morning of December 24, 2013. Your participation was very generous and appreciated. Thank You. ~ Leonard and Lincoln