Notice of Proposed Amendment to Utah Code of Judicial Administration

The Utah Supreme Court invites comments to the following proposed amendment to Utah Code of Judicial Administration. The comment period expires July 8, 2016.

Utah Code of Judicial Administration

CJA03-104 Presiding judges. Amend. Affirms the authority of presiding judges to appoint senior judges to fill judicial vacancies for up to 14 judicial days without prior approval. Provides that if more than 14 judicial days of coverage is needed, the presiding judge will present to the State Court Administrator a plan for meeting the needs of the court and the budget needed to implement the plan. If any part of the plan is contested by the State Court Administrator, the plan will be reviewed by the Management Committee of the Judicial Council for final determination.

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 1, 2016.

Utah Rules of Appellate Procedure

Rule 2. Adds Rule 14(a) to the list of rules that the court cannot suspend.

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 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.

Utah Rules of Civil Procedure

URCP 54 Judgment; costs. Amend. Establishes a process to add attorney fees and costs to a judgment.

URCP 58A Entry of judgment; abstract of judgment. Amend. In conjunction with amendments to rule 4 of the Utah Rules of Appellate Procedure, establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under rules 50, 52, and 59 of the Rules of Civil Procedure, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URCP 73.pdf Attorney fees. Amend. Modifies the process for claiming attorney fees. Adopts many features of FRCP 54(d).

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 Amendments to Utah Court Rules of Appellate Procedure

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

Utah Rules of Appellate Procedure

URAP004 Establishes a new policy on time in which to appeal a judgment when a motion for attorney fees has been filed. A motion for attorney fees would have the same effect as a motion under Rules of Civil Procedure 50, 52 or 59, extending the time in which to appeal to 30 days after the order on the motion, effectively overturning ProMax Development Corp. v. Raile, 2000 UT 4, 998 P.2d 254.

URAP028A Outlines different processes for mediation in the Supreme Court and the Court of Appeals. Provides that the denial of a mediation request does not prevent parties from engaging in private mediation or settlement negotiations. Makes technical changes.

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 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 June 25, 2016.

Summary of Proposed Amendment

Utah Rules of Appellate Procedure

Rule 52 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

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 Code of Judicial Administration 2

The Utah Supreme Court invites comments to the following proposed amendment to Utah Code of Judicial Administration. The comment period expires June 10, 2016.

Summary of Proposed Amendment

Utah Code of Judicial Administration

CJA 04-401.03. Notice to Public of Recording. New. Establishes uniform standards and procedures for notifying the public when court proceedings are being recorded, consistent with Utah Code section 78A-2-208. Effective May 10, 2016 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

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 Approved Amendments to Utah Court Rules 2

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 3-302 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 3-306.01Language 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 3-306.02Language Access Committee. New. Outlines the Language Access Committee’s responsibilities. Deletions and additions to the language are redlined.

CJA 3-306.03.pdfInterpreter 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 3-306.04.pdfInterpreter 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 3-306.05.pdfInterpreter 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 4-106.pdfElectronic conferencing. Amend. Authorizes the use of remote conferencing in lieu of personal appearances when certain requirements are met.

CJA 4-408.01.pdfResponsibility 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 4-602.pdfVictims’ 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 9-105.pdfJustice Court hours. Amend. Provides that during hours of operation, the justice court judge or clerk shall be physically present, or immediately available remotely.

CJA 9-302.pdfMandatory 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 January 1, 2017.

CJA 1-201.pdfMembership – Election. Amend. Provides that Council members are not eligible to be voting members of a Board of Judges of a trial court.

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.

Notice of Approved Amendments to Utah Court Rules 1

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

Summary of Approved Amendments

Rules Governing the Utah State Bar

USB 14-803 Inactive lawyers providing legal services for legal services organizations; purposes. Amend. The changes to Rule 14-803 expand the scope of the rule to allow inactive Utah attorneys to provide pro bono legal services under the auspices of an approved sponsoring entity without the requirement of a supervising attorney. The rule has also been expanded to allow attorneys admitted in other jurisdictions, who are not admitted in Utah but living in Utah, to provide pro bono legal services under the rule.

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.

Nominee Named to Fill Fairview City Justice Court Vacancy

NOMINEE NAMED TO FILL FAIRVIEW CITY JUSTICE COURT VACANCY

Fairview, UT— The Sanpete County Nominating Commission has announced the appointment of the Honorable Mark Kay McIff to fill the Fairview City Justice Court vacancy. The position will replace Judge Ivo Peterson who will retire effective July 1, 2016.

Mark McIff is currently the Justice Court judge in the Sevier and Piute County Justice Courts. He is an attorney who practices law in the south central Utah area. He holds a bachelor’s degree in accounting (1995) from Southern Utah University in Cedar City, and a juris doctorate degree (1998) from Gonzaga University in Spokane, Washington. McIff has held several positions, including Piute County Attorney, Wayne County Attorney, Deputy Sevier County Attorney, Deputy Garfield County Attorney, city prosecutor for several cities in the district, and chief criminal prosecutor for the Wasatch County Attorney’s Office in Heber City. He has served as the chair of the Sevier County Republican Party. He Resides in Richfield with his wife, Stacee, and two daughters.

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Nominee Named to Fill Kane County Justice Court Vacancy

NOMINEE NAMED TO FILL KANE COUNTY JUSTICE COURT VACANCY

Kane County, UT— The Kane County Nominating Commission has announced the appointment of Judge Gary L. Johnson to fill the Kane County Justice Court vacancy. The position will replace Judge F. Kirk Heaton who will retire effective June 30, 2016.

Gary Johnson is a fourth generation Kane County native and has resided in Kanab for the majority of his life. Johnson graduated from Kanab High School and received a Bachelor of Arts degree from Southern Utah University. Johnson Served as judge for the Kanab City Justice Court from 1998 until the court was dissolved in 2014. Since then he has served as Judge Pro Tem for the Kane County Justice Court. He also served a two-year term as the tribal Judge for the Kaibab Band of Paiute Indians.

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Free Documentary and Panel Discussion on Supporting Elderly Caregivers

FREE DOCUMENTARY AND PANEL DISCUSSION ON SUPPORTING CAREGIVERS

WHAT: Americans are living longer than ever before. Who will take care of those who can no longer care for themselves? How will the nation adapt to ensure that adequate care can be provided for both the caregivers and for those being cared for? Free documentary film screening of “Caring for Mom and Dad” and panel discussion.

WHEN: Wednesday, April 20 at 6:00 – 8:00 p.m.

WHERE: Provo Recreation Center, 320 W. 500 North, Provo. East entrance, Multi-purpose room.

WHO: Representatives from Utah State Courts, Utah Chapter of the Alzheimer’s Association and the Department of Health.

For information call 801-578-3925 or visit https://www.utcourts.gov/howto/family/gc/

Chief Justice Matthew Durrant Elected to Second Term

CHIEF JUSTICE MATTHEW DURRANT ELECTED TO SECOND TERM

Salt Lake City, UT — Utah Supreme Court Justice Matthew B. Durrant has been elected to serve a second term as chief justice by a unanimous vote of his fellow justices.

Justice Durrant was appointed to the Utah Supreme Court in January 2000 by Governor Michael O. Leavitt. He was selected as Chief Justice in 2012 when then Chief Justice Christine Durham stepped down from that role, but chose to stay on the Utah Supreme Court.

Once elected by a vote of the justices, the chief justice serves a four-year term. The chief justice presides over the Utah Supreme Court, as well as the Utah Judicial Council, which oversees the administrative operations of Utah State Courts.

“I feel privileged to work with four colleagues who are not only exemplary jurists, but remarkable human beings. I am deeply honored by the trust they have placed in me,” Durrant said.

Before his appointment to the Utah Supreme Court, Justice Durrant served as a trial judge in the Third Judicial District. He was the founding chair of the Supreme Court’s Professionalism Committee and has chaired the Judicial Council’s Technology Committee. In addition, Justice Durrant chaired the Supreme Court Committee charged with the revision of the Code of Judicial Conduct. He received his law degree from Harvard Law School in 1984, and has taught as an adjunct professor at Brigham Young University’s J. Reuben Clark Law School.

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Judges to Determine Need for Grand Jury

Cedar City, UT — A panel of judges is scheduled to meet on May 12, 2016, to hear testimony to determine if reasonable cause exists to call a grand jury. The meeting will take place at the Cedar City Courthouse, 40 North 100 East, Iron County.

Those wanting to testify before the panel of judges should contact District Court Administrator Debra Moore at (801) 578-3800 by May 2, 2016, to schedule an appointment. If no appointments are scheduled by May 2, 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 if 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.
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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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