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.

URAP 058. Ruling. Amend. Refers to the applicability of Rule 24 in appeals involving the termination of parental rights.

Code of Judicial Administration
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.

CJA 03-0402. Human resources administration. Amend. Changes the name of the career service review board to the grievance review panel.

CJA 04-0110. Transfer of juvenile cases from district and justice courts to the juvenile court. Amend. Technical change, recognizing that Section 78A-7-106 governs transfer of cases from justice court to juvenile court.

CJA 04-0404. Jury selection and service. Amend. Implements the requirement of Section 78B-1-110 that compliance with a summons satisfies a person’s jury service obligation for two years. Permits a court to establish a shorter term of service than is provided by rule, but not longer.

CJA 04-0508. Guidelines for ruling on a motion to waive fees. Amend. Includes juvenile court within the guidelines of the rule.

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 which need not be your real address. This is a public site. Time does not permit us to acknowledge comments, but all will be considered.

After submitting your comment on the webpage, you probably will get an error message, but your comment has been delivered to a buffer, and I will publish it at the earliest opportunity.

Submit comments directly through the website or to:

Tim Shea
Email: tims@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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