Utah Sentencing Commission Seeks Representative

The Utah State Bar is seeking a representative to serve a one-year term on the Utah Sentencing Commission.  The Utah Sentencing Commission is a legislatively created body charged with establishing sentencing guidelines and developing policy recommendations regarding the sentencing and release of adult and juvenile offenders. The Sentencing Commission is comprised of 27 members representing all facets of the justice system, including judges, prosecutors, defense attorneys, legislators, victims, law enforcement, treatment specialists, corrections officials, parole authorities and others.  The representative must be an attorney in private practice who is a member of the Bar and experienced in adult criminal defense.  Submit resumes to Christy Abad by email at christy.abad@utahbar.org.

Resumes must be received by 5:00 p.m., Friday, January 6, 2017.

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.

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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/.

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.

Notice of Approved Amendments to Utah Rules of Criminal Procedure

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

Utah Rules of Criminal Procedure

Rule 38 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.

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 Approved New Rule to Utah Rules of Evidence

The Utah Supreme Court has approved a new rule to the Utah Rules of Evidence. The rule is effective July 1, 2016.

Utah Rules of Evidence

Rule 511 Insurance Regulators. New. Creates a privilege for insurance regulators.

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 Amendments to Utah Rules of Criminal Procedure

The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure invites comments to the following proposed amendments. The comment period expires August 15, 2016.

Utah Rules of Criminal Procedure

Rule 004 Sets forth in detail the required contents of an information. The new provisions will require statements about pretrial release.

Rule 005 Repealed.

Rule 006 The proposed changes create a presumption in favor of summonses over warrants. The rule establishes the requirements for issuing a warrant. The rule also describes the required content of summonses and warrants.

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 Criminal Procedure

The Supreme Court’s Advisory Committee on the Rules of Criminal Procedure invites comments to the following proposed amendment. The comment period expires August 14, 2016.

Utah Rules of Criminal Procedure

Rule 22 The proposed changes to the rule will set out in more detail the circumstances under which a court may correct a sentence.

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.

Notice of Proposed Model Utah Civil Jury Instructions

The Utah Judicial Council’s Standing Committee on the Model Civil Jury Instructions invites comments to the following proposed instructions. The comment period expires August 11, 2016, but the committee invites judges and practitioners to share their experiences using the published instructions at any time.

Summary of Proposed Model Civil Jury Instructions (Defamation)

CV1601 – Introductory Notes to Practitioners (not to be read to the jury).
CV1602 – Elements of a Defamation Claim.
CV1603 – Definition: Publication.
CV1604A – Definition: About the Plaintiff – Public Figure or Public Official Plaintiff – Connection to Plaintiff is Reasonable.
CV1604B – Definition: About the Plaintiff – Private Plaintiff – Matter of Public Concern – Connection to Plaintiff is Reasonable.
CV1604C – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Negligence.
CV1604D – Definition: About the Plaintiff – Private Plaintiff – No Matter of Public Concern – Connection to Plaintiff is Reasonable – Strict Liability. 
CV1604E – Definition: About the Plaintiff – Connection to Plaintiff is Unreasonable.
CV1605 – Definition: False Statement.
CV1606 – Definition: Opinion.
CV1607 – Definition: Defamatory.
CV1608 – Conditional Privilege.
CV1609 – Non-actionable Statements.
CV1610 – Definition: Requisite Degree of Fault – Private Figure – Matter of Public Concern.
CV1611 – Definition: Requisite Degree of Fault –Public Official or Public Figure. 
CV1612 – Group Defamation Rule. 
CV1613 – Causation. 
CV1614 – Presumed Damages.
CV1615 – Damages – Economic Damages. 
CV1616 – Damages – Noneconomic Damages. 
CV1617 – Damages – Punitive Damages – Public Figure/Official and/or Issue of Public Concern.
CV1618 – Damages – Effect of Retraction. 
CV1619 – Affirmative Defense – Consent.
CV1620 – Affirmative Defense – Statute of Limitations.

How to View Text of the Proposed Model Civil Jury Instructions

To see the proposed jury instructions and submit comments, click on this link http://www.utcourts.gov/committees/muji-comment/ and then click on the link that reads Click here to view a pdf version of proposed Model Utah Civil Jury Instructions 1601-1620. You may also click on the individual instructions to view them.

 How to Submit Comments

It is most efficient to submit comments through the website. You can comment and view the comments of others by clicking on the “Continue Reading” link at the bottom of the posting. After clicking on the Continue Reading link and scrolling to the bottom of the page, you will be asked for your name, which is required, and your email address, which need not be your real address. The comment website is public. Although all comments will be considered, they will not be acknowledged with a response.

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

Submit comments directly through the website or to:

Nancy Sylvester
Email: nancyjs@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 Civil Jury Instructions

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

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

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

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.

Email Scam Targeting Attorneys

June 24, 2016

State bars across the country are receiving reports of an email scam targeting attorneys using false notifications of disciplinary actions.

In the emails, the lawyer is instructed to click on a link to view a complaint, which loads a malicious software called ransomware that blocks computer access until a sum of money is paid.

Although we have not yet received reports of Utah attorneys receiving these emails, members should be aware that the Utah State Bar Office of Professional Conduct does not send initial notices of attorney discipline bar complaints by email and will not correspond with an attorney on a matter via email unless authorized by that attorney.

If you receive an email of this type, delete it immediately.

Utah State Bar

 

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/.