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.

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.

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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.

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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/.

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.

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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.

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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.

South Jordan City Justice Court Vacancy Announced

SOUTH JORDAN CITY JUSTICE COURT VACANCY ANNOUNCED

South Jordan, UT—Applications are being accepted for a Justice Court judge position in South Jordan. The position will replace Judge Clinton Balmforth, who will retire effective Jan. 2, 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 $85,690.00 – $121,673.00 DOQ with benefits. For additional information contact Debbie Lyman at 801-253-5203 or by email at dlyman@sjc.utah.gov.

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 Jordan, David L. Alvord, within 45 days of its first meeting. Mayor Alvord then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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Sunset City Justice Court Vacancy Announced

SUNSET CITY JUSTICE COURT VACANCY ANNOUNCED 

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

To be considered for a Justice Court judgeship in Davis 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 Court’s 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 $23,100 to $27,000 with some benefits. For additional information, contact Linda Youngdell at 801-614-9102 or by email at linday@sunset-ut.com.

The deadline for applications is Monday Aug. 1, 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 Sunset, Beverly MacFarlane, within 45 days of its first meeting. Mayor MacFarlane then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

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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/.