Judicial Vacancy – First District Court

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:

http://www.justice.utah.gov/ccjj_judicialvacancies.html

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.

Notice of Approved Amendments to Utah Court Rules

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.

Notice of New Supreme Court Standing Orders

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.
Staff Attorney
Administrative Office of the Courts
450 South State Street
P.O. Box 140241
Salt Lake City, Utah 84114-0241
Phone: 801-578-3821
Fax: 801-578-3843

Fee Increase for US District Courts

United States District Court
for the District of Utah

N O T I C E
November 8, 2013

  Pursuant to 28 U.S.C. § 1914(b), the Judicial Conference of the United States has approved the following fee increases, effective December 1, 2013:

  • Notice of Appeal Filing Fee increased to  $505 (from $455)
  • Record Retrieval from Archives (one box) increased to $64  ($39 each additional box)

The complete schedule of fees is available on the Court’s website at http://www.utd.uscourts.gov, under the Court Information, Fee Schedule.

Notice of Approved Amendments to Utah Court Rules

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.
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Notice of Proposed Amendments to Utah Court Rules

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.
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Notice of Proposed Amendments to Utah Court Rules

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.
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July 1st Mandatory Electronic Filing Requirement For Probate Cases

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:

Notice of Proposed Amendments to Utah Court Rules

The Judicial Council invites comments to proposed amendments to the following court rules. The comment period expires July 11, 2013. Some of the rules have been adopted on an expedited basis and are in effect during the comment period.

Summary of proposed amendments

CJA 02-0103. Open and closed meetings. Amend. Technical changes. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.

CJA 02-0104. Recording meetings. Amend. Requires additional public records to be published on the Utah Public Notice Website. Adopts for the Judicial Council the new requirements of public bodies under SB 77. Effective May 14, 2013 under Rule 2-205. Subject to change after the comment period.
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Notice of Approved Amendments to Utah Court Rules

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. The amendments are effective April 1, 2013, unless otherwise noted.

Summary of amendments
Code of Judicial Administration

CJA 04-0503. Mandatory electronic filing. Amend. Requires the electronic filer to use a personal identity with an e-filing interface, rather than someone else’s. Will not prohibit a paralegal or administrative assistant from filing on an attorney’s behalf.

CJA 04-0508. Guidelines for ruling on a motion to waive fees. New. Establishes guidelines for ruling on a motion to waive fees. Requires use of court-approved forms.

CJA 11-0201. Senior judges. Amend. Removes reference to the Judicial Council’s attorney survey for certification of senior judges.
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Nominees Announced For Blanding Justice Court Vacancy

Blanding, UT—The San Juan County Nominating Commission has selected three nominees for a vacancy at the Blanding Justice Court. The position will replace Judge James Harris who is retiring Dec. 31, 2012.

Following are the nominees followed by place of employment and residence:
• Honorable Lyon Hazelton, II, San Juan County and Monticello Justice Court judge, Monticello
• Edward Johnstun, counselor, Canyonlands Youth Center, Blanding
• William Walker, Battalion Ops NCO, U.S. Army, Blanding

A comment period will be held through Nov. 19, 2012, before a final candidate is selected by Blanding Mayor Toni Turk, who has 30 days to make an appointment, which is subject to ratification by the Blanding City Council. The Utah Judicial Council must then certify the appointment. To submit written comments about the candidates, contact Holly Frischknecht, Administrative Office of the Courts,hollyf@utcourts.gov.

Meeting Set to Select Blanding Justice Court Judge

Blanding, UT—The San Juan County Judicial Nominating Commission has scheduled a meeting on Nov. 8, 2012, to select candidates for the Blanding City Justice Court to replace Judge James J. Harris who is retiring Dec. 31, 2012. The commission will begin meeting at 9:30 a.m. at the Blanding City Hall, 50 West 100 South.

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 are being accepted from 10:30 a.m. to 11 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.
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Notice of Approved Amendments to Utah Court Rules

The Judicial Council has approved amendments to the following Utah court rules. The amendments are effective April 1, 2013.

Summary of amendments

  • CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
  • CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.

How to view redline text of the approved amendments

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.

Notice of Proposed Amendments to Utah Court Rules

The Supreme Court and the Judicial Council invite comments to proposed amendments to the following court rules. The comment period expires January 7, 2013.

Summary of proposed amendments

Rules of Juvenile Procedure

  • URJP 020. Discovery generally. Amend. Provides that the financial disclosure requirements of the civil discovery rule do not apply in juvenile court unless ordered.

Rules of Small Claims Procedure

  • URSCP 003. Service of the affidavit. Amend. Clarifies that a small claims affidavit and summons may be served by any method of personal service authorized by URCP 4. Allows alternative service in a small claims case.

Rules of Evidence

  • URE 1101. Applicability of Rules. Amend. Makes URE applicable to preliminary hearings in criminal cases. Effective October 24, 2012 under Rule 11-105(5). Subject to change after the comment period.
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