Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted. Summary of approved amendments  Rules of Criminal Procedure

  • URCrP 40. Search warrants. Amend. Provides a process for extending the sealing of search warrant records.

Rules of Appellate Procedure

  • URAP 005. Discretionary appeals from interlocutory orders. Amend. Sets a page limit for a petition for permission to appeal and describes how relevant documents may be referenced; provides that a response to a petition for permission to appeal will not be received unless requested by the court; and provides that cross-petitions for permission to appeal are not permitted.
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Notice of Approved Amendments to Utah Court Rules

The Utah Supreme Court has approved amendments to the following court rules. The amendments are effective November 1, 2014, unless otherwise noted.

Summary of proposed amendments 

Rules of Criminal Procedure

URCrP 007. Proceedings before magistrate. Amend. Changes the time for probable cause from 48 hours to 24 hours after the arrest. Requires that the magistrate release the arrestee after 24 hours unless the officer is able to establish that the delay was caused by a bona fide emergency or other extraordinary circumstances.

How to view redline text of the amendments

To see approved rule amendments, click on this link to:
http://www.utcourts.gov/resources/rules/approved/. Then click on the rule number.

Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court invites comments to the following proposed court rules. The comment period expires on November 19, 2014.

Summary of proposed amendments 

 Rules of Appellate Procedure

URAP 038B. Qualifications for Appointed Appellate Counsel. Amend. Outlines the responsibility of appointed appellate counsel to represent the client throughout the first appeal as of right.

Rules of Criminal Procedure

URCrP 002. Time. Amend. Changes the way time will be computed, marking time in calendar days, rather than business days. Includes a provision for counting times stated in hours.

URCrP 004. Prosecution of public offenses. Amend. Requires prosecutors to list the citation number on an information if a citation was previously issued in the case in order to ensure that cases can be consolidated when they are electronically filed. Makes technical changes.
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Notice of Proposed Amendments to Utah Court Rules

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.
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2014 July Bar Exam Examsoft Upload Issues

Hello,

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:

Regards,

Kelsey Foster

Admissions Administrator

UPDATE

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.
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Nominees Named for Davis County Justice Court Vacancy

FOR IMMEDIATE RELEASE
July 1, 2014
Contact: Nancy Volmer
(801) 578-3994
Cell:(801) 712-4545

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, melisses@utcourts.gov.
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Utah State Bar CasemakerPro Free Upgrade

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.

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Vacancies on Supreme Court Committees

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 ricks@utcourts.gov.

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 terrie.mcintosh@gmail.com.

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 sydnie.kuhre@utahbar.org.
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Members Sought for Utah State Tax Commission

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 john.baldwin@utahbar.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.

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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