Notice of Approved Amendments to Utah Court Rules

Utah State Bar Webmaster : October 24, 2016 2:34 pm : Bar News

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

Code of Judicial Administration

CJA11-0201 Senior judges. Amend. Provides that to be an active senior judge, a judge shall be both a current resident of Utah and be available to take cases. Also removes the reference to attorney survey results under the requirement that senior judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

CJA11-0203 Senior justice court judges. Amend. Includes an allowance for judges who were laid off pursuant to Utah Code § 78A-7-203 to qualify as a senior justice court judge and adds an initial qualifying requirement that senior justice court judges obtain results on their most recent judicial performance evaluation sufficient to have certified them for retention.

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.

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OGDEN CITY JUSTICE COURT VACANCY ANNOUNCED EXTENDED

Utah State Bar Webmaster : October 24, 2016 2:34 pm : Bar News

Ogden, UT— The deadline for applications for a Justice Court judge position in Ogden has been extended. The position will replace Judge Andrea W. Lockwood who will retire effective March 1, 2017.

To be considered for a Justice Court judgeship in Weber 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 $79,525.00 to $143,145.00 with benefits. For additional information, contact Heidi Olmedo at (801)629-8737.

The deadline for applications is Friday, Nov. 4, 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 or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Ogden Mike Caldwell within 45 days of its first meeting. Mayor Caldwell 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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WASHINGTON CITY JUSTICE COURT VACANCY EXTENDED

Utah State Bar Webmaster : October 24, 2016 1:25 pm : Bar News

Washington City, UT— The deadline for applications has been extended for the Justice Court judge position in Washington City. The position will replace Judge Lee Bunnell who will retire effective Jan. 1, 2017.

To be considered for a Justice Court judgeship in Washington 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 (www.utcourts.gov/admin/jobs). Please note that the application has been updated since June 2016. The annual salary for the position is $39,741.00. Benefits are not provided. For additional information, contact Danice Bulloch at (435)656-6308 or by email at dbulloch@washingtoncity.org.

The deadline for applications is Monday, Oct. 30, 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 or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Washington City, Ken Neilson within 45 days of its first meeting. Mayor Neilson 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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NOMINEE NAMED TO FILL SUNSET CITY JUSTICE COURT VACANCY

Utah State Bar Webmaster : October 24, 2016 11:16 am : Bar News

Sunset, UT— The Davis County Nominating Commission has announced the appointment of the Honorable Judge Brian Edward Brower to fill the Sunset City Justice Court vacancy. The position will replace Judge Jerald Jensen who will retire effective Jan. 1, 2017.

Judge Brian E. Brower earned a Bachelor’s degree in English Literature with a minor in Criminal Justice from Weber State University. He then graduated from the SJ Quinney College of Law at the University of Utah. Upon graduation and passing the bar, he was hired as a Deputy County Attorney for the Weber County Attorney’s Office. He later served as both the Murray City Prosecutor as well as the Layton City Prosecutor before being appointed as Clearfield’s City Attorney in 2007. He served as City Attorney for eight years until being appointed as judge for the Clearfield Justice Court in August of 2015.

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FOUNTAIN GREEN JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 21, 2016 3:07 pm : Bar News

Fountain Green, UT—Applications are being accepted for a Justice Court judge position in Fountain Green. The position will replace Judge Ivo Peterson, who resigned July 1, 2016.

To be considered for a Justice Court judgeship in Sanpete 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 for the position is between $3,181.00 and $5,725.80 with no benefits. For additional information about Fountain Green, contact Michelle Walker at (435)445-3453 from 9 a.m. to 3 p.m., Monday through Friday.

The deadline for applications is Monday, Nov. 7, 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 Justice Court Nominating Commission to submit three to five nominees to the Mayor of Fountain Green, Ron Ivory within 45 days of its first meeting. Mayor Ivory 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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SPRING CITY JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 21, 2016 3:07 pm : Bar News

Spring City, UT—Applications are being accepted for a Justice Court judge position in Spring City. The position will replace Judge Ivo Peterson, who resigned July 1, 2016.

To be considered for a Justice Court judgeship in Sanpete 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 for the position is $4,032.00 with no benefits. For additional information about Spring City, contact Lyndsey Zeeman at (435)445-3453.

The deadline for applications is Monday, Nov. 7, 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 Justice Court Nominating Commission to submit three to five nominees to the Mayor of Spring City, Jack D. Monnett within 45 days of its first meeting. Mayor Monnett 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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ROY CITY JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 20, 2016 4:02 pm : Bar News

Roy, UT—Applications are being accepted for a Justice Court judge position in Roy. The position will replace Judge R. Scott Waterfall who will retire effective Oct. 31, 2016.

To be considered for a Justice Court judgeship in Weber 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 (www.utcourts.gov/admin/jobs). Please note that the application has been updated since June 2016. The annual salary range for the position is $77,934.50 to $140,282.10 with benefits. For additional information, contact Jill Dean at (801)774-1043.

The deadline for applications is Friday, Nov. 4, 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 or visit www.utcourts.gov/admin/jobs.

Utah law requires the Weber County Nominating Commission to submit three to five nominees to the Mayor of Roy, Willard S. Cragun within 45 days of its first meeting. Mayor Cragun 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 Civil Procedure

Utah State Bar Webmaster : October 20, 2016 9:42 am : Bar News

The Utah Supreme Court invites comments to the following proposed amendments to Utah Rules of Civil Procedure. The comment period expires December 4, 2016.

Utah Rules of Civil Procedure

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).

URCP065CPost-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.

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/.

Thank you.

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LEHI CITY JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 19, 2016 12:46 pm : Bar News

Lehi, UT—Applications are being accepted for a Justice Court judge position in the Lehi City Justice Court. The position will replace Judge Douglas Nielsen who resigned effective Sept. 23, 2016.

To be considered for a Justice Court judgeship in Utah 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 for the position is between $77,736.00 and $116,604.00. Benefits are provided. For additional information, contact David Kitchen at (385)201-2265 or by email at dkitchen@lehi-ut.gov.

The deadline for applications is Monday, Nov. 7, 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 or visit www.utcourts.gov/admin/jobs.

Utah law requires the Judicial Nominating Commission to submit three to five nominees to the Mayor of Lehi City, Bert Wilson, within 45 days of its first meeting. Mayor Wilson 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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HIGHLAND/ALPINE CITY JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 19, 2016 8:28 am : Bar News

Highland, UT—Applications are being accepted for a Justice Court judge position in the Highland/Alpine Justice Court. The position will replace Judge Douglas Nielsen who resigned effective Sept. 23, 2016.

To be considered for a Justice Court judgeship in Utah 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 for the position is between $25,000.00 and $28,000.00. Benefits will not be provided. For additional information, contact Nathan Crane at (801) 772-4567.

The deadline for applications is Monday, Nov. 7, 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 or visit www.utcourts.gov/admin/jobs.

Utah law requires nominating commission to submit three to five nominees to the Mayors of Highland and Alpine City within 45 days of its first meeting. The hiring authority 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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NOMINEES ANNOUNCED FOR MORGAN COUNTY JUSTICE COURT VACANCY

Utah State Bar Webmaster : October 18, 2016 11:35 am : Bar News

Morgan, UT—The Morgan County Nominating Commission has selected four nominees for an upcoming vacancy in the Morgan County Justice Court. The position will replace Judge Tony Hassell, who will retire effective Dec. 30, 2016.

Following are the nominees followed by place of employment and residence:

  • Honorable Brian E. Brower, J.D., Clearfield City Justice Court Judge, resident of West Point
  • Paul H. Olds, J.D., Attorney at Law, resident of Pleasant View
  • Honorable Judge Dee William Smith, J.D., Ogden City Justice Court Judge, resident of  Ogden City
  • Alan Wayne Brooks, M.S., Licensed Marriage and Family Therapist, resident of Morgan

A comment period will be held through Oct. 31, 2016, before a final candidate is selected by the Morgan County Council Chair, who has 30 days to make an appointment. The appointment is subject to ratification by the Morgan County 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, at melisses@utcourts.gov.

Morgan Co. Justice Court Nominees (PDF)

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EAST CARBON COUNTY JUSTICE COURT VACANCY ANNOUNCED

Utah State Bar Webmaster : October 18, 2016 11:21 am : Bar News

East Carbon, Utah—Applications are being accepted for a Justice Court judge position in East Carbon. The position will replace Judge Linda Murdock, who retired on Sept. 30, 2016.

To be considered for a Justice Court judgeship in Carbon 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 for the position is $10,608.00 with no benefits. For additional information about East Carbon, contact Mayor Doug Parsons or City Recorder Liz Holt at (435)888-6613.

The deadline for applications is Monday, Nov. 7, 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 Mayor of East Carbon, Doug Parsons within 45 days of its first meeting. Mayor Parsons then has 30 days in which to make a selection. The selection must then be certified by the Utah Judicial Council.

For the Judicial Vancancy-East Carbon Justice Court PDF Copy Click HERE.

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Notice of Approved Amendment to Utah Court Rules

Utah State Bar Webmaster : October 12, 2016 11:28 am : Bar News

The Utah Judicial Council has approved amendment to the following court rule. The amendment is effective November 1, 2016.

Code of Judicial Administration

CJA03-0104 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.

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.

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Utah Rules of Appellate Procedure

Utah State Bar Webmaster : October 12, 2016 11:26 am : Bar News

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

Utah Rules of Appellate Procedure

URAP002 Adds Rule 14(a) to the list of rules that the court cannot suspend.

URAP014 Amend. Requires a party seeking review in the Supreme Court or Court of Appeals of an administrative agency order to file a petition for review even if a statute describing the review describes it as an appeal. Removes provisions governed by statute or other rules.

URAP025A New. Describes the requirement and procedures for serving briefs on the attorney general or county or municipal attorney when challenging the constitutionality of a statute or ordinance. Establishes penalties for failure to do so. Allows the attorney general or county or municipal attorney to file an amicus brief when the constitutionality of a statute or ordinance is challenged. Allows the appellate court to request an amicus brief.

URAP052 Describes the effect of post-trial motions in child welfare proceedings using language similar to Rule 4.

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. 

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Invitation to Emerging Legal Leaders

admin : October 12, 2016 10:42 am : Announcement

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JOIN THE EMERGING LEGAL LEADERS…today!

  • Do you want to help ensure everyone has an opportunity to access Utah’s court system?
  • Do you want to do something to help put an end to bad lawyer jokes?
  • Do you want to connect with other like-minded attorneys, all while helping to promote Utah’s non-profit legal services?

Of course you do, and you can, by becoming part of AND JUSTICE FOR ALL’S Emerging Legal Leaders (the “ELL”)!

By joining the ELL you will not only be helping to raise funds for And Justice For All, the umbrella fund raising organization for Utah’s primary pro-bono civil legal services providers, but you will also connect with a group of young attorneys across the Salt Lake Valley supporting the same cause. On top of this, you will have access to discounted CLE’s, social events, and an opportunity to build your own philanthropic resume.

So what’s stopping you? Nothing. Sign up HERE or contact Kelly Johnson at: Kelly@andjusticeforall.org

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