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October 2005 Archives

October 4, 2005

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. To see the text 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 November 1, 2005 unless otherwise indicated.

Rules of Professional Conduct
Preamble: A Lawyer's Responsibilities. Amend. The Ethics 2000 Commission was created by the American Bar Association to review and amend the Model Rules of Professional Conduct. The Ethics 2000 Commission 's revisions to the ABA Model Rules were completed in August 2003. The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 revisions and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The rules listed below include the Ethics 2000 revisions to the Utah Rules of Professional Conduct recommended by the court's advisory committee. The Ethics 2000 revisions to the ABA Model Rules and explanations regarding the changes can be found at www.abanet.org/cpr/ethics2k.html.

RPC 01.00.Terminology. Amend.
RPC 01.01. Competence. Amend.
RPC 01.02.Scope of Representation and Allocation of Authority Between Client and Lawyer. Amend.
RPC 01.03.Diligence. Amend.
RPC 01.04.Communication. Amend.
RPC 01.05.Fees. Amend.
RPC 01.06.Confidentiality of Information Amend.
RPC 01.07.Conflict of Interest: Current Clients. Amend.
RPC 01.08.Conflict of Interest: Current Clients: Specific Rules. Amend.
RPC 01.09.Duties to Former Clients Amend.
RPC 01.10.Imputation of Conflicts of Interest: General Rule. Amend.
RPC 01.11. Special Conflicts of Interest for Former and Current Government Employees. Amend.
RPC 01.12.Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend.
RPC 01.13.Organization as a Client. Amend.
RPC 01.14.Client with Diminished Capacity. Amend.
RPC 01.15.Safekeeping Property. Amend.
RPC 01.17.Sale of Law Practice. Amend.
RPC 01.18.Duties to Prospective Client. New.
RPC 02.01.Advisor. Amend.
RPC 02.02.Intermediary. Repealed.
RPC 02.03.Evaluation for Use by Third Persons. Amend.
RPC 02.04.Lawyer Serving as Third-Party Neutral. New.
RPC 03.01.Meritorious Claims and Contentions. Amend.
RPC 03.02.Expediting Litigation. Amend.
RPC 03.03.Candor Toward the Tribunal. Amend.
RPC 03.04. Fairness to Opposing Party and Counsel. Amend.
RPC 03.05. Impartiality and Decorum of the Tribunal. Amend.
RPC 03.06. Trial Publicity. Amend.
RPC 03.07. Lawyer as Witness. Amend.
RPC 03.08. Special Responsibilities of a Prosecutor. Amend.
RPC 03.09. Advocate in Nonadjudicative Proceedings. Amend.
RPC 04.01. Truthfulness in Statements to Others. Amend.
RPC 04.02. Communication with Persons Represented by Counsel. Amend.
RPC 04.03. Dealing with Unrepresented Person. Amend.
RPC 04.04. Respect for Rights of Third Persons. Amend.
RPC 05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers. Amend.
RPC 05.02. Responsibilities of a Subordinate Lawyer. Amend.
RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend.
RPC 05.04. Professional Independence of a Lawyer. Amend.
RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Repeal & Reenact.
RPC 05.06. Restrictions on Right to Practice. Amend.
RPC 05.07. Responsibilities Regarding Law-Related Services. New.
RPC 06.01. Voluntary Pro Bono Legal Service. Amend.
RPC 06.02. Accepting Appointments. Amend.
RPC 06.03. Membership in Legal Services Organization. Amend.
RPC 06.04. Law Reform Activities Affecting Client Interests. Amend.
RPC 06.05. Nonprofit and Court-Annexed Limited Legal Services Programs. New.
RPC 07.01. Communications Concerning a Lawyer's Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.03. Direct Contact with Prospective Clients. Amend.
RPC 07.04. Communication of Fields of Practice. Amend.
RPC 07.05. Firm Names and Letterheads. Amend.
RPC 08.01. Bar Admission and Disciplinary Matters. Amend.
RPC 08.02. Judicial Officials. Amend.
RPC 08.03. Reporting Professional Misconduct. Amend.
RPC 08.04. Misconduct. Amend.
RPC 08.05. Disciplinary Authority; Choice of Law. Repeal & Reenact.


Rules of Civil Procedure
URCP 007. Pleadings allowed; motions, memoranda, hearings, orders, objection to commissioner's order. Amend. Prohibits orders embedded in other documents unless permitted by the court.
URCP 047. Jurors. Amend. Clarifies situations in which multiple parties share peremptory challenges.
URCP 101. Motion practice before court commissioners. New. Establishes procedures for motions to a court commissioner.
URCP 106. Modification of divorce decrees. Amend. Describes conditions in which the court may enter a temporary order in an action to modify a divorce decree.


Rules of Criminal Procedure
URCrP 11. Pleas. Amend. Clarifies that a judge may approve or reject an agreement to reduce or dismiss charges.
URCrP 12. Motions. Amend. There are two proposed amendments. The first states that a party may submit a written request to submit for decision, but may also otherwise bring a motion to the attention of the court. The second states that a motion challenging jurisdiction must be raised at least five days trial to trial, unless good cause is shown.
URCrP 24. Motion for new trial. Amend. Clarifies the time within which a motion for new trial must be filed, and that an extension must be obtained prior to the expiration of the original period.
URCrP 27. Stays pending appeal. Amend. Clarifies that an appeal of a probable cause denial is to the court where the notice of appeal is transmitted.
URCrP 29A. Change of judge as a matter of right. Amend. Changes the time within which a notice of change must be filed. The time is tied to either assignment after bindover or rejection of a proposed disposition.


Rules of Appellate Procedure
URAP 04. Appeal as of right: when taken. Amend. The proposed amendments are intended to clarify the status of a notice of appeal filed while certain motions are pending. The notice of appeal will be effective as of the date the motion is resolved, but will only be effective for the underlying judgment.
URAP 08A. Emergency relief. New. Creates a new rule to establish a process for managing requests for emergency relief.
URAP 09. Docketing statement. Amend. Contains a technical change to reflect a legislative amendment requiring a motion to withdraw a guilty plea to be made before sentencing.
URAP 12. Transmission of the record. Amend. Eliminates the option for a compressed format. Also includes language requiring the clerk transmit the record in post-conviction cases.
URAP 19. Extraordinary writs. Amend. Clarifies the process for resolving petitions for extraordinary relief, and references Rule 8A for other requests for emergency relief. Clarifies that the court’s decision will be based on the petition and the response, unless briefing is requested by the court.
URAP 30. Decision of the court: dismissal; notice of decision. Amend. Technical change.


Rules of Juvenile Procedure
URJP 08. Rights of minor while in detention. Amend. Technical changes.
URJP 29A. Visual recording of statement or testimony of child victim or witness of sexual or physical abuse - Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.
URJP 37A. Visual recording of statement or testimony of child in abuse, neglect and dependency proceedings - Conditions of admissibility. Amend. Deletes advisory committee note. Conforms paragraph numbering to other Supreme Court rules.


Rules of Small Claims Procedure
URSCP 09. Default judgment. Amend. Specifies that notice of the default judgment must be served immediately.


Code of Judicial Administration
CJA 09-107. Justice court technology, security, and training account. Amend. Changes timing of grant applications to fit the fiscal year rather than the calendar year. Effective September 6, 2005. Approved as an expedited amendment under Rule 11-101(6)(F). Subject to further change after the comment period.

October 10, 2005

e.Bulletin for October2005

October e.Bulletin

* Fall Forum - November 11, 2005
* First 50 Event Approaches - October 15, 2005
* Professional Conduct Rules Updated
* Court Interpreter Committee Seeks Volunteers
* Utah State Courts Launch Divorce Education for Children Pilot Project
* Benefit Update: LegalMatch

Need CLE? Please check the CLE online catalog to find the seminar that is right for you. Located at http://www.utahbar.org/cle/events/ you will find a complete listing of live credit seminars. Looking for online CLE? Please visit the online course catalog at http://www.utahbar.org/cle/online_cle.html

Fall Forum - November 11, 2005
The 2005 Fall Forum is only a month away now. This dynamic program includes great keynote sessions , excellent CLE breakout t s, networking opportunities and interaction with companies exhibiting at the conference.
The Fall Forum will also include a Veteran's Day Salute featuring Major General Brian L. Tarbet and the Portia Group presenting on "Strategic Non-Verbal Communication for Lawyers", followed by five separate breakout tracks including two from UCC expert Barkley Clark. You don't want to miss this value-packed day . The Fall Forum will be held at the Little America Hotel in Salt Lake City. For more information and to register: www.utahbar.org/cle/bar_meetings.html#f2.

First 50 Event Approaches
October 15, 2005 The Utah Minority Bar Association is proud to announce the First 50 gala dinner and program on the evening of October 15, 2005 at the Grand America Hotel in Salt Lake City to honor the first fifty lawyers of color to practice law in the State of Utah. This will take the place of the annual UMBA scholarship banquet. As this is a truly statewide celebration, UMBA is sending this announcement via the e-bulletin and Bar Journal to reach all members of the Bar. The First 50 honorees hailed from, and practiced in, many communities throughout Utah. For more information about the event:
www.utahbar.org/news/umba_first_50.htm

Professional Conduct Rules Updated
The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 model rule revisions prepared by the ABA and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The result is a broad update to most of the rules which go into effect on November 1, 2005. As these rule modifications will impact most areas of practice, lawyers should take advantage of the preview copy available online at:
www.utcourts.gov/resources/rules/approved/

Court Interpreter Committee Seeks Volunteers
The Judicial Council's Standing Committee on Court Interpreters requests applications for membership from criminal defense attorneys. The Court Interpreter Committee is charged with (a) researching, developing, and recommending policies and procedures for interpretation and translation; (b) certifying court interpreters who meet minimum qualifications; (c) issuing opinions to questions regarding the Code of Professional Responsibility; and
(d) disciplining court interpreters. While not a requisite, bilingualism and experience in working with court interpreters are preferred abilities for members of this Committee. Please send a letter of interest and a brief resume to the following address by November 30, 2005: Mary Boudreau, Program Manager, Public Access to the Courts, Administrative Office of the Courts, P.O. Box 140241, Salt Lake City, UT 84114-0241

Utah State Courts Launch Divorce Education for Children Pilot Project
Beginning September 2005, a Divorce Education for Children class will be available for children 9- to 12-years old whose parents have filed for divorce in Salt Lake County. The class will be presented once each month from September through November 2005 at the Scott M. Matheson Courthouse at 450 South State Street. The two-hour children's course will be offered at the same time as the mandatory Divorce Education for Parents course. The program's curriculum will provide the children with skills they can use at home, such as how to express their feelings to parents. Mental health professionals will teach the children's class with the assistance of state court judges and commissioners. Participation in the children's class is voluntary. The first children's program is scheduled on Sept. 24 from 9:45 a.m. to 12:15 p.m. To register children for the class contact Rebecca Bunderson at (801) 238-7802.

Benefit Update: LegalMatch
As the member benefit with LegalMatch approaches the two year mark, the service has emerged as a valuable tool to help lawyers build their practices. Over 600 cases per month are being presented by Utah consumers and businesses, and clients are able to do it 24/7 directly from the Utah State Bar website. Many participating Utah attorneys are seeing an increase in client volume and revenue. Utah attorneys interested in taking advantage of LegalMatch membership can get more information and a $200 discount at utahbar.legalmatch.com/utahbar.html

October 15, 2005

Notice of Approved Amendments to Utah Court Rules

The Supreme Court and Judicial Council have approved amendments to the following Utah court rules. To see the text 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 November 1, 2005 unless otherwise indicated.

Continue reading "Notice of Approved Amendments to Utah Court Rules" »

October 17, 2005

Notice of Proposed Amendments to Utah Court Rules

The Utah Supreme Court invites comments to proposed amendments to the following court rules. The comment period expires December 2, 2005

Summary of proposed amendments:

CJA 11-304. Pro bono admission for law school faculty lawyers. New. Permits law school faculty member to perform pro bono legal services within this state. Establishes qualifications and procedures..

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 and, 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
P.O. Box 140241
Salt Lake City, Utah 84114-0241

One method of submitting a comment is sufficient.

About October 2005

This page contains all entries posted to Utah State Bar News & Announcements in October 2005. They are listed from oldest to newest.

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