Download Zipped File WP 6.1 0514JRRA.ZIP 4,989 Bytes

Judicial Rules Review Committee







NOTICE OF MEETING






TO:            Members of the Judicial Rules Review Committee

FROM:        Jerry D. Howe, Research Analyst

DATE:        May 9, 1997

SUBJECT:        May 14 Judicial Rules Review Meeting


Sen. Robert F. Montgomery and Rep. John L. Valentine have scheduled a meeting of the Judicial Rules Review Committee as follows:

            DATE:      Wednesday, May 14, 1997                              TIME:      9:30 a.m.
            PLACE:      Room 416 State Capitol

If you are unable to attend, please contact me or Glenda Whitney at 538-1032.


COMMITTEE MEMBERS


Sen. Robert F. Montgomery, Senate Chair

Rep. John L. Valentine, House Chair


            Sen. L. Steven Poulton    Rep. Perry L. Buckner
            Sen. Robert C. Steiner    Rep. Greg J. Curtis

JUDICIAL RULES REVIEW COMMITTEE

Wednesday, May 14, 1997 - 9:30 a.m. - Room 416, State Capitol

AGENDA

9:30 a.m.    1.    Call to Order - Sen. Robert Montgomery, Chair

                    -    Approval of Minutes of the November 7, 1996 Meeting
                
        2.    Report on Supreme Court Advisory Committees and Discussion of Proposed Modifications - Committee Staff
                    
             .     Civil Procedure
                     Proposed modifications to Rules 4, 5, 6, 41, 56, 58A, and 77 have been published and are now subject to public comment, which period expires on May 16, 1997. The committee will review these rules in addition to other items being studied by the advisory committee.

            .     Criminal Procedure
                             Modifications to Rules 7, 14, 26, 29A, and 31 are now published and out for public comment, which expires May 10, 1996. The majority of these modifications eliminate reference to the circuit court due to the completion of court consolidation. The committee will review these rules and other items under study by the advisory committee.

             .     Appellate Procedure
                                             Modifications to Rules 24 and 27 are published and out for public comment, which expires May 16, 1997. These modifications concern the length of briefs, which have been changed from page limits to word limits, and adds provisions for typeface, type style, binding, and requires color coding of brief covers. The committee will review these rules and other items under study by the advisory committee.
                    

             .     Juvenile Procedure
                     Modifications to Rules 29A, 31, and 43 are published and out for comment which expires May 16, 1997. These modifications allow the visual recording of child testimony and statements of sexual or physical abuse in juvenile proceedings, amends the rule of evidence to recognize the modifications, and adds a provision in truancy proceedings. The committee will review these rules and other items under study by the advisory committee.
        
             .     Professional Conduct
                      Modifications to Rule 1.14 are published and out for comment which expires May 16, 1997. These modifications remove the reference to client's best interest, add comment concerning the client-lawyer relationship when the client has a disability, and defines the lawyer's responsibility when a client has a disability.


. . . Continued

            .     Code of Judicial Administration
                                    The Judicial Council has proposed modifications to 27 rules in the Code of Judicial Administration. These modifications have been published and are now subject to the 45-day comment period which expires on May 16, 1997. Some of these modifications address Judicial Council procedures, meetings, and minutes, court commissioners and court referees and their defined roles, internal administrative accounting and auditing procedures, records classification, electronic conferencing, and records of proceedings and videotape dissemination. Some modifications address procedural matters in the courts such as consolidation of cases, requests for trial setting, withdrawal of counsel, written orders, judgments, and decrees, alternative dispute resolution, and limitations on media in the courtroom. Fourteen rules were adopted by the Judicial Council through the use of its emergency rulemaking power as provided in C.J.A. Rule 2-205. These rules are now open for public comment and are identified as emergency rules in the packet.

             .     Judicial Conduct
                                    These modifications delete language in Canon 3 addressing the limitations on the media in the courtroom which the judge "should" impose. The limitations are addressed in proposed modifications to Rule 4-401, Code of Judicial Administration.

             .     Judicial Nominating Procedures
                                    These Modifications were approved as emergency rules and are currently in effect. This modification provides that the Third Judicial District is to submit five, rather than three, judicial nominees to the governor for appointment.
                     
             .     Evidence         
                     There are no proposed modifications to the Rules of Evidence in this comment period..

11:00 a.m.         3.        Adjourn

[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature