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July 2012 Archives

July 9, 2012

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. Due to a technical error in notifying lawyers of the opportunity to comment on these rules, the comment period has been extended to August 24, 2012.

Summary of proposed amendments

Rules of Civil Procedure
URCP 010. Form of pleadings and other papers. Amend. Requires designation of the discovery tier in the caption of a claim. Requires a court-approved coversheet for counterclaims and cross claims as well as complaints. Requires that a lawyer's contact information on a paper be the same as on file with the Utah State Bar.
URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Deletes a provision that conflicts with Rule 26(e). The consequence will be that the signature on disclosures, discovery requests and discovery responses is a certification under Rule 11.
URCP 026. General provisions governing disclosure and discovery. Amend. Changes the time for initial disclosures. Provides for timing of disclosure and discovery of rebuttal experts. Clarifies that disclosure and discovery documents must be served.
URCP 026.02. Disclosures in personal injury actions. Amend. Narrows the limitation on the further use of disclosures to Plaintiff’s Social Security number and Medicare health insurance claim numbers. In a committee note, describes the committee's intent regarding the scope of the rule.
URCP 037. Discovery and disclosure motions; Sanctions. Amend. Allows the court to enter sanctions if a motion for a protective order or motion to compel is denied.
URCP 105. Shortening 90 day waiting period in domestic matters. Amend. Changes the standard of "good cause" to "extraordinary circumstances" in keeping with Section 30-3-18.

Code of Judicial Administration
CJA 02-0204. Local supplemental rules. Amend. Modifies the process by which local rules are approved.
CJA 03-0202. Court referees. Amend. In conjunction with Rule 4-704, prohibits courts from appointing court referees by whatever title, and permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 04-0202.01. Definitions. Amend. Excludes from the definition of a "record" documents prepared or received by a person in the person's private capacity and documents that do not relate to the public's business.
CJA 04-0202.02. Records classification. Amend. Removes investigative subpoenas from the list of protected records. Section 77-22-2 will regulate access to investigative subpoenas. Changes the classification of PSI reports from private to protected. Designates additional circumstances in which the name of a minor is public. Classifies as "protected" records subject to the attorney client privilege.
CJA 04-0202.03. Records access. Amend. Clarifies who has access to a private or a protected court record.
CJA 04-0202.05. Request to access an administrative record; research; request to classify an administrative record; request to create an index. Amend. Permits releasing non-public records for research purposes if the interests favoring the research are greater than or equal to the interests favoring closure.
CJA 04-0401.01. Electronic media coverage of court proceedings. New. Replaces Rule 4-401. Permits electronic media coverage of any public court hearing. Describes application and approval process. Establishes factors for denying electronic media coverage. Describes limits.
CJA 04-0401.02. Possession and use of portable electronic devices. New. Permits possession and use of portable electronic devices in courthouses. Allows judge to restrict use in courtrooms.
CJA 04-0405. Juror and witness fees and expenses. Amend. Requires prosecutors to certify to the number of miles for which a witness is entitled to payment.
CJA 04-0704. Authority of court clerks. Amend. Permits clerks, under the direction of the judge and with the consent of the prosecutor and defendant, to resolve select cases to a determined outcome using a plea in abeyance process.
CJA 06-0401. Domestic relations commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.
CJA 07-0102. Duties and authority of Juvenile Court Commissioners. Amend. Recognizes the authority of court commissioners to hear child protective order cases. Effective June 25, 2012 under Rule 2-205. Subject to change after the comment period.

Rules Governing the Utah State Bar
USB 14-0504. OPC counsel. Amend. The amendment proposes a slightly broader safe harbor for attorneys who rely on ethics advisory opinions.

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.
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.

July 17, 2012

SLTrib: Utah Bar Gets New Leadership This Week

Attorneys • New president wants to focus on Bar’s value to members.

By Aaron Falk
The Salt Lake Tribune
http://www.sltrib.com/csp/cms/sites/sltrib/pages/printerfriendly.csp?id=54506551

Published: July 17, 2012 04:20PM
Updated: July 17, 2012 04:24PM

Lori Nelson plans to hit the ground running when she officially assumes the role of Utah State Bar president later this week.

Nelson, a partner at the Salt Lake City firm of Jones Waldo Holbrook & McDonough, will become the first woman to serve as president of the legal association since 2004 and the fourth female president in the Bar’s history when she is sworn in by Utah Supreme Court Chief Justice Matthew Durrant on Thursday during a summer convention in Sun Valley, Idaho.

For the past year, Nelson has been shadowing outgoing president Rod Snow as he has helped implement a number of public service efforts.

“He’s done a lot of tremendous things and I want to make sure those programs really solidify and take off,” Nelson said.

During Snow’s term as president, the Bar rolled out a pro bono commission, a framework for matching low-income Utahns with volunteer attorneys in their part of the state. Snow also helped launch a program that will put a judge or lawyer in each of Utah’s high school at least once a year to discuss civics.

In addition to promoting those programs, Nelson said she hopes to improve the Bar for its members.

“I want to change my focus a little and focus on value to the members,” she said.

A number of attorneys have taken up other professions or gone back to school in the midst of the economic recession, Nelson said. Through the Modest Means program that should launch next fall, she hopes to pair up underemployed attorneys with clients who don’t qualify for court-appointed counsel but can’t afford regular attorneys fees. Lawyers would sign up for the program and agree to bill at lower rates.

Nelson also wants to improve the Bar’s image.

“There’s a negative public perception about lawyers,” she said. “Lawyers aren’t these shark people swimming around wounded victims. Lawyers are out serving in the community, doing quality work and can be the person you turn to when you need help.”

The Bar has already begun airing radio spots, promoting attorneys and their volunteer efforts.

To a similar end, Nelson hopes to crack down on misleading advertisements from local lawyers. An attorney who claims, “Hire me and I’ll win,” for example, might have to pull the ad and receive approval from the Bar, depending on the findings of a committee studying the issue, Nelson said.

Those ads are “damaging to the public and also damaging to lawyers’ reputations,” she said.

As part of the Bar’s changing of the guard, Curtis M. Jensen will begin serving his term as president-elect. Jensen, a shareholder in the law office of Snow Jensen & Reece, will follow Nelson as president in 2013-2014.

afalk@sltrib.com

July 30, 2012

Notice of Approved Amendments to Utah Court Rules

The Supreme Court has approved amendments to the following Utah court rules. The amendments are effective November 1, 2012, unless otherwise noted.

Summary of amendments

URJP 020A. Discovery in non-delinquency proceedings. Amend. Changes comport with the new civil discovery rules and to clarify that the Rule of Civil Procedure regarding subpoenas applies generally in juvenile court and is not limited to depositions on oral questions.
URJP 023. Hearing to waive jurisdiction and certify under Section 78A-6-703; bind over to district court. Amend. Technical change.
URJP 023A. Hearing on conditions of Section 78A-6-702; bind over to district court. Amend. Technical change.

How to view redline text of the approved amendments

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.

About July 2012

This page contains all entries posted to Utah State Bar News & Announcements in July 2012. They are listed from oldest to newest.

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