The Utah Judicial Council invites comments to the following proposed court rules.
The comment period expires on October 14, 2014.
Summary of proposed amendments
CJA 03-0104. Presiding judges. Amend. Outlines the 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 04-0202.02 Records classification. Amend. Makes actions to remove an individual from the National Instant Background Check System private. Makes Qualified Domestic Relations Orders private.
CJA 04-0403. Signature stamp use. Amend. Provides for a clerk’s use of a judge’s or commissioner’s electronic signature when the clerk otherwise has permission under the rule to use the judge’s or commissioner’s signature stamp.
The Utah State Bar has received notice of the issues with uploading exam answers to the Examsoft service. Examsoft is working to correct the issue. As we state in the instructions, you are only held responsible for failing to upload if there is no good cause. ExamSoft’s technical difficulties are good cause. While you should continue attempting to upload in accordance with the instructions on the ExamSoft website, the Utah State Bar will be making allowances for time due to ExamSoft’s problems. In other words, please do not panic.
We do recommend tracking Examsoft updates through their social media:
ExamSoft has sent an email suggesting applicants attempt to manually upload one more time. You may do so if you like. However, the deadline to upload has been indefinitely postponed. You DO NOT need to bring your laptop to the exam tomorrow. We will make an announcement tomorrow when we have more information that will explain the next steps as well as provide any deadlines that may be applicable.
FOR IMMEDIATE RELEASE
July 1, 2014
Contact: Nancy Volmer
NOMINEES ANNOUNCED FOR DAVIS COUNTY JUSTICE COURT VACANCY
Syracuse, UT—The Davis County Nominating Commission has selected three nominees for the vacancy at the Syracuse Justice Court. The position will replace Judge Joseph Bean who has been appointed to the 2nd District Court.
Following are the nominees followed by place of employment and residence:
· Catherine Jeane Hoskins, J.D., Hoskins Legal, Layton
· Paul H. Olds, J.D., Kaufman, Nichols, Olds & Kaufman, Pleasant View
· Richard Hogan Reeve, J.D., Van Cott, Bagley, et al., Ogden
A comment period will be held through July 10, 2014, before a final candidate is selected by Syracuse Mayor Terry Palmer. The mayor has 30 days to make an appointment, which is subject to ratification by the Syracuse 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, firstname.lastname@example.org.
The Utah State Bar is pleased to announce the addition of Casemaker’s suite of premium services to the Utah Casemaker library, at no cost to attorneys and paralegal members of the Bar. Now, you have access to not only Casemaker’s broad and comprehensive libraries which cover all 50 states and Federal materials, but you also have access to a suite of tools that make research faster and easier. These premium services include Casecheck+, CiteCheck, and CasemakerDigest, and these, as well as the basic Casemaker research tool, are available at no cost to members.
Casecheck+ works like Shephard’s® and KeyCite® to notify you instantly of negative treatment, and identify whether your case law citations are still good law. Casecheck+ returns both positive and negative treatments instantly as you research and links to negative treatments, so you can quickly review the citation history for both state and federal cases. It works seamlessly inside the new Casemaker and doesn’t require any extra steps to use.
The Supreme Court is seeking applicants to fill a vacancy on the Advisory Committee on Rules of Evidence. The appointment is until June 30, 2015, completing a term held by Robert Wilde. The appointee is then eligible for appointment to a full, four-year term. For more information about the committee contact Richard H. Schwermer at email@example.com.
The Supreme Court is seeking applicants to fill four vacancies on the Ethics and Discipline Committee. The three–year appointment is from July 1, 2014 to June 30, 2017. For more information about the committee contact Terrie McIntosh at firstname.lastname@example.org.
The Supreme Court is seeking applicants to fill a vacancy on the Board of Mandatory Continuing Legal Education. Under Rule 14-403, this position is reserved for a lawyer who resides outside of Salt Lake County. The three–year appointment is from July 1, 2014 to June 30, 2017. For more information about the committee contact Sydnie Kuhre at email@example.com.
Utah Tax Commissioner
The Utah State Bar is seeking qualified lawyers with significant tax experience and knowledge of tax administration or compliance to recommend to the Governor for appointment to a four year term as a member of the State Tax Commission. Section 59-1-201 and 202 of the Utah Code were amended in the recent legislative session to provide for various organizations, including the Bar, to provide names of qualified potential appointees to the Governor when vacancies occur on the Tax Commission. The bill proscribing appointment and qualifications may be found at http://le.utah.gov/~2014/bills/static/SB0019.html
Submit resumes to John C. Baldwin, Executive Director, by email at firstname.lastname@example.org, or by mail at 645 South 200 East, Salt Lake City, UT 84111. Resumes must be received by 5:00 p.m., Tuesday, May 27th, 2014.
Provo Justice Court is relocating on march 24, 2014. The new address for the Provo Justice Court will be:
75 E 1700 S, SUITE 100
PROVO, UT 84606
801 852 6878
Applications are now being accepted for the position of district court judge in the First District Court. (The First District includes Box Elder, Cache and Rich counties.) This position results from the retirement of Judge Ben Hadfield, effective August 15, 2014. The complete notice of vacancy and application forms are found at:
Complete application forms must be received by the Commission on Criminal and Juvenile Justice no later than 5:00 pm on Friday, March 28, 2014.
The Utah Supreme Court has approved amendments to the following Utah court rules. The amendment is effective May 1, 2014.
Summary of amendment
URJP 50. Presence at hearings. Amend. Resolves inconsistencies between Rule 50 and Section 78A-6-114.
How to view redline text of the approved amendment.
To see the text and effective date of the amendments, click on this link to: http://www.utcourts.gov/resources/rules/approved/ and then click on the rule number. All amendments are effective on the dates indicated. Updated versions of the rules will be posted to the main rules web page (http://www.utcourts.gov/resources/rules/) on or about the effective date of the amendments.
The Supreme Court has recently issued the following standing orders:
Utah Supreme Court Standing Order No. 9 (Regarding motions filed less than 30 days before the date scheduled for order argument)
Utah Supreme Court Standing Order No. 10 (Regarding appearances by former law clerks before the Supreme Court)
These standing orders are available at http://www.utcourts.gov/resources/rules/urap/Supctso.htm.
Alison Adams-Perlac, J.D.
Administrative Office of the Courts
450 South State Street
P.O. Box 140241
Salt Lake City, Utah 84114-0241
The Judicial Council has approved amendments to the following Utah court rules. The amendments are effective November 1, 2013, unless otherwise noted.
Summary of amendments
CJA 01-0205. Standing and ad hoc committees. Amend. Changes the name of the Court Interpreter Committee to the Language Access Committee.
CJA 03-0306. Court interpreters. Amend. Creates a complaint process for failure to follow the requirements of the rule. Clarifies that Rule 3-306 is not authority to charge for language access costs. Cites the competing authority of federal and state law. Recognizes interpreter credentials from other states. Requires staff to be acting within the scope of human resource policies and procedures, which includes qualifications for a second language stipend, before engaging in a first-hand conversation with a person of limited English proficiency.
The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires October 8, 2013.
Summary of proposed amendments
Rules of Appellate Procedure
URAP 011. The record on appeal. Amend. Eliminates the requirement that the appellant file a statement of the issues that will be presented on appeal and creates a process for the appellee to designate other proceedings to be transcribed, beyond those identified by the appellant.
URAP 029. Oral argument. Amend. Describes the differences between the supreme court and court of appeals in scheduling, waiving and continuing oral argument. Clarifies that reply argument by the appellant does not limit the scope or timing of the questions by the court. Effective July 16, 2013 under Rule 11-105(5). Subject to change after the comment period.
The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires August 9, 2013.
Summary of proposed amendments
Rules of Criminal Procedure
URCrP 007. Proceedings before magistrate. Amend. Reduces from 48 hours to 24 hours the time within which a judge must determine probable cause after a warrantless arrest.
Rules of Appellate Procedure
URAP 024. Briefs. Amend. Requires that an addendum to a brief in a termination of parental rights case be separately bound. Establishes requirements and guidelines for protecting the confidentiality of persons involved in the appeal of an adoption or termination of parental rights.
The Utah Judicial Council rule requiring electronic filing in probate cases will be in effect on Monday, July 1. After June 30, the district court will no longer accept paper documents from attorneys for filing in probate cases.
No grace period or extensions will be provided. Paper filings brought to the courthouse will not be accepted. Documents left in a night dropbox or received in the mail that are time-stamped or postmarked after 11:59 p.m. on June 30 may be destroyed.
To begin efiling, you may set up an account with any of the following certified efiling service providers: