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 June
14, 2010.
Summary of proposed amendments

Rules of Professional Conduct
RPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false
statement about the judicial system. Encourages lawyers to defend the
judicial system.
Rules Governing the Utah State Bar
USB 14-0510. Prosecution and appeals. Amend. Provides for stay of
dissemination of disciplinary information during the review period.
USB 14-0516. Dissemination of disciplinary information. Amend. Includes
admonitions and public reprimands in the Bar Journal.
Petition to amend Rule 14-707 for a revised FBI background report
deadline.
USB 14-0707. Application; deadlines; withdrawals; postponements and
fees. Amend. Extends the time in which applicants for admission to the
Utah State Bar can obtain the mandatory FBI criminal background report.
Rules of Court-Annexed ADR
URCADR 0101. Conduct of mediation proceedings. Amend. Clarifies the
meaning of “good faith” to assure that the ADR rules regarding the
confidentiality of mediation-related activities and communications are
consistent with the 1995 Utah ADR Act and the more explicit
confidentiality requirements of the 2006 Utah Uniform Mediation Act.
Eliminates the potential that a court might conclude that the present
language of Rule 101 permits judicial examination into what occurred
during the course of a mediation upon the complaint that a party failed
to participate in the mediation in “good faith”. The intent is to assure
that the mediation container is maintained except in the narrow
circumstances described in the 2006 Utah Uniform Mediation Act.
URCADR 0103. Confidentiality in nonbinding ADR proceedings. Amend.
Clarifies the meaning of “good faith” to assure that the ADR rules
regarding the confidentiality of mediation-related activities and
communications are consistent with the 1995 Utah ADR Act and the more
explicit confidentiality requirements of the 2006 Utah Uniform Mediation
Act. Eliminates the potential that a court might conclude that the
present language of Rule 101 permits judicial examination into what
occurred during the course of a mediation upon the complaint that a
party failed to participate in the mediation in “good faith”. The intent
is to assure that the mediation container is maintained except in the
narrow circumstances described in the 2006 Utah Uniform Mediation Act.
Rules of Juvenile Procedure
URJP 018. Summons; service of process; notice. Amend. Describes how
children and adults are to be named in juvenile court records.
Rules of Appellate Procedure
URAP 05. Discretionary appeals from interlocutory orders. Amend. The
amendment states that petitions in criminal and juvenile delinquency
cases shall be served on the Office of the Utah Attorney General.
URAP 23B. Motion to remand for findings necessary to determination of
ineffective assistance of counsel claim. Amend. The amendment calculates
the response time from the date of service and not the date of filing.
URAP 29. Oral argument. Amend. The amendments clarify the standards for
continuing oral argument at the request of a party.
URAP 035. Petition for rehearing. Amend. Requires that a petition for
rehearing include a copy of the decision. Effective June 1, 2010 under
Rule 11-505. Subject to change after the comment period.
Code of Judicial Administration
CJA 03-0101. Judicial nominating commissions. Repeal. Under HB 289, the
Judicial Council no longer has authority for rules regulating Judicial
Nominating Commissions.
CJA 04-0202.03. Records access. Amend. Resolve a conflict with URCP
107(a).
CJA 04-0801. Transfer of small claims cases. Amend. Require filing small
claims cases in justice courts. Proposed effective date: September 1,
2010.
How to view redline text of the proposed amendments
To see proposed 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’s more efficient
for us if you submit comments through the website, and we encourage you
to do so. After clicking on the comment link, you will be prompted for
your name, which we request, and your email address and URL, which are
optional. This is a public site. If you do not want to disclose your
email address, omit it. Time does not permit us to acknowledge comments,
but all will be considered.
Submit comments directly through the website or to:
Tim Shea
Email: tims@email.utcourts.gov Please include the comment in the
message text, not in an attachment.
Fax: 801-578-3843
Administrative Office of the Courts
POB 140241
Salt Lake City, Utah 84114-0241
One method of submitting a comment is sufficient.

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