Nominees Announced For Sunset City Justice Court Vacancy

NOMINEES ANNOUNCED FOR SUNSET CITY JUSTICE COURT VACANCY

Sunset, UT—The Davis County Nominating Commission has selected four nominees for an upcoming vacancy in the Sunset City Justice Court. The position will replace Judge Jerald Jensen, who will retire effective Jan. 1, 2017.

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

  • Steven Richard Bailey, J.D., Attorney at Law & Bankruptcy Trustee, resident of Layton
  • Honorable Brian E. Brower, J.D., Clearfield City Justice Court Judge, resident of West Point
  • John E. Diaz, J.D., The Diaz Law Firm, resident of Bountiful
  • Paul H. Olds, J.D., Attorney at Law, resident of Pleasant View

A comment period will be held through Sept. 26, 2016, before a final candidate is selected by the Sunset City Mayor Beverly MacFarlane, who has 30 days to make an appointment. The appointment is subject to ratification by the Sunset 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.

Notice of Approved Amendments to Utah Rules of Civil Procedure

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2016.

Rules of Civil Procedure

Rule 009 Pleading special matters. Amend. Removes the paragraph regarding a petition to renew a judgment. The process to renew a judgment is governed by proposed Rule 58C and the Judgment Renewal Act. Adopts much of the style and grammar of the federal rule.

Rule 013 Counterclaim and cross-claim. Amend. Deletes paragraphs (e), (i) and (j). Amending a pleading to add a counterclaim, regardless of the reason it was omitted, is properly governed by Rule 15. Adopts many of the grammar and style amendments of the federal rule.

Rule 026.01 Disclosure and discovery in domestic relations actions. Amend. Amends the disclosure deadlines to conform to Rule 26.

Rule 026.03 Disclosure in unlawful detainer actions. New. Regulates disclosures in an action for eviction or damages arising out an unlawful detainer by a residential tenant.

Rule 041 Dismissal of actions. Amend. Removes the provision for ruling against a plaintiff for failure to prove a right to relief, a similar but broader provision having been added to Rule 52, as in the federal rules. Adopts much of the style and grammar of the federal rule.

Rule 058C Motion to renew judgment. New. In conjunction with the Judgment Renewal Act and the amendment to Rule 9, describes the process for renewing a judgment.

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.

Notice of Proposed New Rules to Utah Rules of Criminal Procedure

The Utah Supreme Court invites comments to the following proposed new rules to Utah Rules of Criminal Procedure. The comment period expires October 29, 2016.

Utah Rules of Criminal Procedure

Rule 004A The proposed new rule establishes procedures for cases initiated by indictment.

Rule 004B The proposed new rule establishes procedures for cases initiated by citation.

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/.

Thank you.

Utah Supreme Court To Hear Oral Arguments At S.J. Quinney College Of Law

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

Cases to be heard are as follows:

  • 10 a.m. — Lancer Ins v. Lake Shore Motor 20160244-SC
  • 10:45 a.m. — Heslop v. Bear River 20150697-SC

(See link to the briefs below)

WHEN: Wednesday, September 14 at 10 a.m. to approx. 12:00 p.m.

WHERE: S.J. Quinney College of Law, Moot Courtroom, 383 South University Street, RM 6200, University of Utah

WHO: Utah Supreme Court Justices: Chief Justice Matthew B. Durrant, Associate Chief Justice Thomas R. Lee, Justice Christine M. Durham, Justice Deno Himonas, Justice John A. Pearce

PHOTOGRAPHY:

One pool still photographer and one pool video camera will be permitted into the court session. To request to be the pool photographer, contact the Public Information Office Geoffrey Fattah at (801) 578-3994 by September 13.

University of Utah contact: Melinda Rogers (801) 608-9888

Case Brief Links:

Judges To Determine Need For Grand Jury in Manti

Manti, UT — A panel of judges is scheduled to meet on Oct. 13, 2016, to hear testimony to determine whether reasonable cause exists to call a grand jury. The meeting will take place at the Manti Courthouse, 160 North Main St., Sanpete County.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by Sept. 30, 2016, to schedule an appointment. If no appointments are scheduled by Sept. 30, the meeting will be canceled without further notice.

Individuals testifying must be prepared to give evidence to support claims that justify calling a grand jury. Controversies between individual parties will not be considered. Individuals who need special accommodations during the hearing must notify the court at least three business days prior to the hearing.

Utah’s Grand Jury Statute requires a panel of judges selected from throughout the state to hold hearings in each judicial district every three years. The purpose of the hearings is to determine whether a grand jury needs to be summoned based on evidence of criminal activity. The Grand Jury Panel is comprised of the following judges: Supervising Judge W. Brent West, 2nd District Court; Judge Lynn W. Davis, 4th District Court; Judge Elizabeth Hruby-Mills, 3rd District Court; Judge Eric A. Ludlow, 5th District Court; and Judge Kara Pettit, 3rd District Court.

The Attorney General, a county attorney, district attorney, or special prosecutor appointed under U.C.A. section 77-10a-1 can also present evidence of criminal activity. The panel of judges will hear, in secret, all persons claiming information that justifies calling a grand jury. All individuals appearing before the panel of judges will be placed under oath. If a grand jury is summoned, the jurors will be called from the state-at-large or any judicial district within the state. Additional information is available at http://www.utcourts.gov/cal/grandjury.

Justice Court Judge Selection Meeting Planned

Morgan, UT—The Morgan County Judicial Nominating Commission has scheduled a meeting on Oct. 7, 2016, to select a candidate for the Morgan County Justice Court to replace Judge Tony Hassell who will retire effective Dec. 30, 2016. The commission will begin the meeting at 9 a.m. at the Morgan County Offices, 48 W. Young Street, in the Council Room on the East side of the building.

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 will be accepted from 9 a.m. to 9:30 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 during the public comment portion of the meeting 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.

#    #    #

Rich County Justice Court Vacancy Announced

Randolph, UT—Applications are being accepted for a Justice Court judge position in Rich County. The position will replace Judge Ross McKinnon who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Rich County, 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 a minimum of 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 Courts’ website at www.utcourts.gov. An application for judicial office form must be completed and is available on the courts’ website (www.utcourts.gov/admin/jobs). Please note that the application has been updated since June 2016. The annual salary range for the position is $8,000 to $12,000 with some benefits. For additional information, contact Becky Peart at (435)793-2415.

The deadline for applications is Tuesday, Sept. 27, 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. For an application or more information, email melisses@utcourts.gov.

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

Nominees Announced For Second District Commissioner Vacancy

Farmington, UT—The Second District Commissioner Nominating Committee has selected three nominees for an upcoming commissioner vacancy. The position will replace Commissioner Daniel W. Garner, who will retire effective Oct. 16, 2016.

The nominees are:

  • Keith Backman has served as a Shareholder at the firm of Helgesen, Waterfall & Jones since 1996, representing clients in a wide range of matters. He has previously served as a city attorney for cities in Davis and Weber counties, where he represented the cities in all civil matters and in justice courts.
  • Christina Micken is currently an attorney with the firm Bean & Micken with a focus on family law. She has been with the firm since 2002.
  • Kevin Richards is currently president and managing attorney for the firm Richards, Brinley & Richards. Prior to 2014 he was president and managing attorney for his own private practice. He is also a certified mediator.

A comment period will be held through Sept. 16, 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 Larry Webster, 2nd District Court Executive, larryw@utcourts.gov.

#    #    #

Geoffrey Fattah
Communication Director
Utah State Courts
801.578.3994
(C) 801.712.4545

Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court have approved amendments to the following court rules, subject to a 45-day comment period. The amendments are effective July 18, 2016.  The 45-day comment period will expire September 12, 2016.

Utah Rules of Small Claims Procedure

URSCP 001 General provisions.  Amend.  The Utah Rules of Small Claims Procedure will not apply to cases removed from small claims court to district court, except as outlined in Rule 12.

URSCP 002 Plaintiff beginning the case.  Amend.  Title changed to include “Plaintiff.”

URSCP 002A Defendant’s removal from district court.  New.  Prescribes the procedures outlined in Utah Code Section 78A-8-102, authorizing a defendant to remove a case from district court to small claims court with the plaintiff’s stipulation.

URSCP 003 Service of the affidavit and summons.  Amend.  Requires language in the summons sufficient to notify a defendant of his/her removal rights.

URSCP 004 Counter affidavit.  Amend.  Provides an exception to the time limit for filing a counter affidavit when a defendant is removing the case pursuant to Rule 2A.

URSCP 004A  Defendant’s removal to district court.  New.  Provides defendants with the ability to remove a case filed in small claims court to district court for proceedings in accordance with the Utah Rules of Civil Procedure, including the option for a jury trial in the first instance.

URSCP 012 Appeals.  Amend.  Provides parties the option of electing a jury trial de novo in the district court for cases tried in small claims without a jury and allows district court judges the option of requiring parties to exchange information prior to a de novo trial (with or without a jury).  Notifies parties of their appellate rights when a case is removed to district court pursuant to Rule 4A.

How to View Redline Text of the Amendments

To see the 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. 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/.

SLTrib Op-Ed – Utah’s judges should reflect its population

Salt Lake Tribune Op-ed: Utah’s judges should reflect its population | The Salt Lake Tribune

Op-ed: Utah’s judges should reflect its population

| Courtesy Robert O. Rice, op-ed mug.| Photo Courtesy of  Robert O. Rice

The Utah State Bar supports The Salt Lake Tribune’s recent efforts to highlight the importance of a diverse Utah judiciary. (See “Ethnic, gender diversity is for the benefit of all,” on June 29 and “Can Utah diversify its judicial bench? Jury’s still out,” on July 9.)

Lawyers, who represent clients from all aspects of society, have a uniquely clear view of the importance of the background of judges who decide their clients’ cases. Perhaps the question becomes, then, what is our profession doing to promote a system of justice that reflects, in the words of the late Justice Antonin Scalia, “a cross section of America.”  The answer is a great deal.

First, Utah lawyers are actively encouraging lawyers from diverse backgrounds to apply for the bench. Women Lawyers of Utah has developed a program to provide mentoring to its members applying for judicial vacancies. To help demystify the application process, Women Lawyers of Utah offers seminars and pairs applicants with someone who has experienced the nomination process.

Second, the Utah Minority Bar Association is also fully engaged in promoting diversity in Utah’s judiciary. Like Women Lawyers of Utah, the Utah Minority Bar Association actively seeks qualified candidates from its membership and encourages those lawyers to apply for bench openings. The Utah Minority Bar Association also recommends qualified members of the minority bar to serve on judicial nominating commissions.  Understanding that there is more it can do, it has recently created a Judicial Advocacy Committee to evaluate additional action to address this critical issue.

In our own organization, the Utah State Board of Bar Commissioners, lawyers have elected diverse leaders to make policy for lawyers across Utah. Of our 15 voting Bar Commissioners, nine are women. The Bar Commission also enjoys guidance from ex-officio members from the Utah Minority Bar Association and Women Lawyers of Utah and LGBT & Allied Lawyers of Utah. In short, the Bar Commission looks more like the rest of the state, which represents a substantial step toward promoting diversity in other areas of our judicial system.

The ranks of Utah lawyers are steadily growing with immensely qualified, diverse law school graduates from the J. Reuben Clark Law School and the S. J. Quinney College of Law and elsewhere. Clearly, our bar swells with talented lawyers from varied backgrounds educated within and without the state who will for years to come be ready to assume a position on the bench.

Gov. Gary Herbert deserves many accolades for his efforts to appoint women and minority lawyers to the bench, having appointed 20 women and four minority lawyers to the bench during his tenure. I’ve appeared before many of Herbert’s appointments, and I can attest to their strong qualifications and to the fact that the governor has appointed the most qualified applicants possible in every instance.

Herbert’s success in his judicial appointments, the Bar’s efforts to promote diversity on our bench and the steady number of diverse, qualified new lawyers graduating from our law schools is a sure sign of great things to come. Utah is exceedingly well-positioned to ensure that its state court looks more and more like the state it is intended to serve.
(more…)

Midvale City Justice Court Vacancy Announced

MIDVALE CITY JUSTICE COURT VACANCY ANNOUNCED 

Midvale, UT — Applications are being accepted for a Justice Court judge position in Midvale City. The position will replace Judge Ronald Wolthuis who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Salt Lake County, 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 a degree from a law school that would make one eligible to apply for admission to a bar in any state in the United States. 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 Courts’ website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the courts’ website. Please note that the application has been updated since June 2016. The annual salary range for the position is $104,000 – $107,000 with benefits. For additional information, contact Rori Andreason at 801-567-7207 or by email at randreason@midvale.com.

The deadline for applications is Wednesday Aug. 3, 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 the Mayor of Midvale JoAnn B. Seghini within 45 days of its first meeting. Mayor Seghini then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

#    #    #

Justice Court Judge Selection Meeting Planned

JUSTICE COURT JUDGE SELECTION MEETING PLANNED 

Sunset City, UT — The Davis County Judicial Nominating Commission has scheduled a meeting on Aug. 22, 2016, to select a candidate for the Sunset City Justice Court to replace Judge Jerald Jensen, who will retire effective Jan. 1, 2017. The commission will begin the meeting at 8:30 a.m. at the Sunset City Offices, 200 West 1300 North, in the Sunset Room.

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 will be accepted from 8:30 a.m. to 9:00 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 during the public comment portion of the meeting 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.

#    #    #

 

South Salt Lake City Justice Court Vacancy Announced

SOUTH SALT LAKE CITY JUSTICE COURT VACANCY ANNOUNCED 

South Salt Lake, UT — Applications are being accepted for a Justice Court judge position in South Salt Lake City. The position will replace Judge Catherine M. Johnson who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Salt Lake County, 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 a degree from a law school that would make one eligible to apply for admission to a bar in any state in the United States. 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 Courts’ website at www.utcourts.gov under employment opportunities. An application for judicial office form must be completed and is available on the courts’ website. Please note that the application has been updated since June 2016. The annual salary range for the position is $100,000 to $115,000 DOE with benefits. For additional information, contact Chief of Staff Charee Peck at cpeck@southsaltlakecity.com.

The deadline for applications is Wednesday, Aug. 3, 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 the Mayor of South Salt Lake Cherie Wood within 45 days of its first meeting. Mayor Wood then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

#    #    #

Notice of Approved Amendments and New Rules to the Remote Hearings Rules

The Utah Supreme Court has approved amendments and new rules to the following.  The amendments are effective November 1, 2016.

Utah Rules of Criminal Procedure

Rule 17.5 New. Hearings with contemporaneous transmission from a different location.

Utah Rules of Civil Procedure

Rule 43 Amend. Evidence.

Utah Rules of Juvenile Procedure

Rule 29B New. Hearings with contemporaneous transmission from a different location.

Rule 37B New. Hearings with contemporaneous transmission from a different location.

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.

Notice of Proposed New Local Rule for the Fourth District Court

The Board of District Court Judges invites comments to the following proposed amendments. The comment period expires August 28, 2016.

Fourth District Court Local Rule

Rule 10-1-407 Time to charge. New. Fourth District local rule that governs the time and conditions between arrest and first appearance in all felony and Class A misdemeanor offenses when the defendant is arrested without a warrant and remains in custody.

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 Board of District Court Judges.