Previous PageFile uploaded: 11/1/2021
Rule 1-205.? Standing and Ad Hoc Committees.
To establish standing and adhoc committees to assist the Council and provide recommendations on topicalissues.
To establish uniform termsand a uniform method for appointing committee members.
To provide for a periodic review of existingcommittees to assure that their activities are appropriately related to theadministration of the judiciary.
This rule shall apply to the internal operationof the Council.
Statementof the Rule:
(1) Standing Committees.
(1)(A) Establishment. The following standingcommittees of the Council are hereby established:
(1)(A)(i) Technology Committee;
(1)(A)(ii) Uniform Fine Schedule Committee;
(1)(A)(iii) EthicsAdvisory Committee;
(1)(A)(iv) JudicialBranch Education Committee;
(1)(A)(v) Court Facility Planning Committee;
(1)(A)(vi) Committeeon Children and Family Law;
(1)(A)(vii) Committeeon Judicial Outreach;
(1)(A)(viii) Committeeon Resources for Self-represented Parties;
(1)(A)(ix) LanguageAccess Committee;
(1)(A)(x) Guardian ad Litem Oversight Committee;
(1)(A)(xi) Committeeon Model Utah Civil Jury Instructions;
(1)(A)(xii) Committeeon Model Utah Criminal Jury Instructions;
(1)(A)(xiii) Committeeon Pretrial Release and Supervision; and
(1)(A)(xiv) Committeeon Court Forms.
(1)(B) Composition.
(1)(B)(i) The TechnologyCommittee shall consist of:
(1)(B)(i)(a) onejudge from each court of record;
(1)(B)(i)(b) onejustice court judge;
(1)(B)(i)(c) one lawyer recommended by the Board of BarCommissioners;
(1)(B)(i)(d) twocourt executives;
(1)(B)(i)(e) twocourt clerks; and
(1)(B)(i)(f) two staff members fromthe Administrative Office.
(1)(B)(ii) The UniformFine Schedule Committee shall consist of:
(1)(B)(ii)(a) onedistrict court judge who has experience with a felony docket;
(1)(B)(ii)(b) threedistrict court judges who have experience with a misdemeanor docket; and
(1)(B)(ii)(c) four justice court judges.
(1)(B)(iii) TheEthics Advisory Committee shallconsist of:
(1)(B)(iii)(a) onejudge from the Court of Appeals;
(1)(B)(iii)(b) onedistrict court judge from Judicial Districts 2, 3, or 4;
(1)(B)(iii)(c) onedistrict court judge from Judicial Districts 1, 5, 6, 7, or 8;
(1)(B)(iii)(d) onejuvenile court judge;
(1)(B)(iii)(e) onejustice court judge; and
(1)(B)(iii)(f) an attorney from either the Bar or a college of law.
(1)(B)(iv) TheJudicial Branch Education Committeeshall consist of:
(1)(B)(iv)(a) onejudge from an appellate court;
(1)(B)(iv)(b) onedistrict court judge from Judicial Districts 2, 3, or 4;
(1)(B)(iv)(c) onedistrict court judge from Judicial Districts 1, 5, 6, 7, or 8;
(1)(B)(iv)(d) onejuvenile court judge;
(1)(B)(iv)(e) theeducation liaison of the Board of Justice Court Judges;
(1)(B)(iv)(f) onestate level administrator;
(1)(B)(iv)(g) theHuman Resource Management Director;
(1)(B)(iv)(h) onecourt executive;
(1)(B)(iv)(i) onejuvenile court probation representative;
(1)(B)(iv)(j) twocourt clerks from different levels of court and different judicial districts;
(1)(B)(iv)(k) onedata processing manager; and
(1)(B)(iv)(l) one adult educator from higher education.
(1)(B)(iv)(m) TheHuman Resource Management Director and the adult educator shall serve asnon-voting members. The state level administrator and the Human ResourceManagement Director shall serve as permanent Committee members.
(1)(B)(v) The CourtFacility Planning Committee shall consist of:
(1)(B)(v)(a) onejudge from each level of trial court;
(1)(B)(v)(b) oneappellate court judge;
(1)(B)(v)(c) thestate court administrator;
(1)(B)(v)(d) atrial court executive;
(1)(B)(v)(e) twobusiness people with experience in the construction or financing of facilities;and
(1)(B)(v)(f) the court security director.
(1)(B)(vi) TheCommittee on Children and Family Lawshall consist of:
(1)(B)(vi)(a) oneSenator appointed by the President of the Senate;
(1)(B)(vi)(b) theDirector of the Department of Human Services or designee;
(1)(B)(vi)(c) oneattorney of the Executive Committee of the Family Law Section of the Utah StateBar;
(1)(B)(vi)(d) oneattorney with experience in abuse, neglect and dependency cases;
(1)(B)(vi)(e) oneattorney with experience representing parents in abuse, neglect and dependencycases;
(1)(B)(vi)(f) onerepresentative of a child advocacy organization;
(1)(B)(vi)(g) theADR Program Director or designee;
(1)(B)(vi)(h) oneprofessional in the area of child development;
(1)(B)(vi)(i) onemental health professional;
(1)(B)(vi)(j) onerepresentative of the community;
(1)(B)(vi)(k) theDirector of the Office of Guardian ad Litem or designee;
(1)(B)(vi)(l) onecourt commissioner;
(1)(B)(vi)(m) twodistrict court judges; and
(1)(B)(vi)(n) two juvenile court judges.
(1)(B)(vi)(o) Oneof the district court judges and one of the juvenile court judges shall serveas co-chairs to the committee. In its discretion the committee may appointnon-members to serve on its subcommittees.
(1)(B)(vii) TheCommittee on Judicial Outreach shallconsist of:
(1)(B)(vii)(a) oneappellate court judge;
(1)(B)(vii)(b) onedistrict court judge;
(1)(B)(vii)(c) onejuvenile court judge;
(1)(B)(vii)(d) onejustice court judge; one state level administrator;
(1)(B)(vii)(e) astate level judicial education representative;
(1)(B)(vii)(f) onecourt executive;
(1)(B)(vii)(g) oneUtah State Bar representative;
(1)(B)(vii)(h) onecommunication representative;
(1)(B)(vii)(i) onelaw library representative;
(1)(B)(vii)(j) onecivic community representative; and
(1)(B)(vii)(k) one state education representative.
(1)(B)(vii)(l) Chairsof the Judicial Outreach Committee?s subcommittees shall also serve as membersof the committee.
(1)(B)(viii) TheCommittee on Resources forSelf-represented Parties shall consist of:
(1)(B)(viii)(a) twodistrict court judges;
(1)(B)(viii)(b) onejuvenile court judge;
(1)(B)(viii)(c) twojustice court judges;
(1)(B)(viii)(d) threeclerks of court ? one from an appellate court, one from an urban district andone from a rural district;
(1)(B)(viii)(e) onerepresentative from the Self-Help Center;
(1)(B)(viii)(f) onerepresentative from the Utah State Bar;
(1)(B)(viii)(g) tworepresentatives from legal service organizations that serve low-income clients;
(1)(B)(viii)(h) oneprivate attorney experienced in providing services to self-represented parties;
(1)(B)(viii)(i) twolaw school representatives;
(1)(B)(viii)(j) thestate law librarian; and
(1)(B)(viii)(k) two community representatives.
(1)(B)(ix) TheLanguage Access Committee shallconsist of:
(1)(B)(ix)(a) onedistrict court judge;
(1)(B)(ix)(b) onejuvenile court judge;
(1)(B)(ix)(c) onejustice court judge;
(1)(B)(ix)(d) onetrial court executive;
(1)(B)(ix)(e) onecourt clerk;
(1)(B)(ix)(f) oneinterpreter coordinator;
(1)(B)(ix)(g) oneprobation officer;
(1)(B)(ix)(h) oneprosecuting attorney;
(1)(B)(ix)(i) onedefense attorney;
(1)(B)(ix)(j) twocertified interpreters;
(1)(B)(ix)(k) oneapproved interpreter;
(1)(B)(ix)(l) oneexpert in the field of linguistics; and
(1)(B)(ix)(m) one American Sign Language representative.
(1)(B)(x) The Guardianad Litem Oversight Committee shall consist of:
(1)(B)(x)(a) seven members with experience in the administration of lawand public services selected from public, private and non-profit organizations.
(1)(B)(xi) TheCommittee on Model Utah Civil Jury Instructionsshall consist of:
(1)(B)(xi)(a) twodistrict court judges;
(1)(B)(xi)(b) fourlawyers who primarily represent plaintiffs;
(1)(B)(xi)(c) fourlawyers who primarily represent defendants; and
(1)(B)(xi)(d) one person skilled in linguistics or communication.
(1)(B)(xii) TheCommittee on Model Utah Criminal Jury Instructionsshall consist of:
(1)(B)(xii)(a) twodistrict court judges;
(1)(B)(xii)(b) onejustice court judge;
(1)(B)(xii)(c) fourprosecutors;
(1)(B)(xii)(d) fourdefense counsel;
(1)(B)(xii)(e) oneprofessor of criminal law; and
(1)(B)(xii)(f) one person skilled in linguistics or communication.
(1)(B)(xiii) TheCommittee on Pretrial Release andSupervision shall consist of:
(1)(B)(xiii)(a) twodistrict court judges;
(1)(B)(xiii)(b) twojustice court judges;
(1)(B)(xiii)(c) oneprosecutor;
(1)(B)(xiii)(d) onedefense attorney;
(1)(B)(xiii)(e) onecounty sheriff;
(1)(B)(xiii)(f) one representative of counties;
(1)(B)(xiii)(g) onerepresentative of a county pretrial services agency;
(1)(B)(xiii)(h) onerepresentative of the Utah Commission on Criminal and Juvenile Justice;
(1)(B)(xiii)(i) one commercial surety agent;
(1)(B)(xiii)(j) one state senator;
(1)(B)(xiii)(k) onestate representative;
(1)(B)(xiii)(l) the Director of the Indigent Defense Commissionor designee;
(1)(B)(xiii)(m) onerepresentative of the Utah Victims? Council;
(1)(B)(xiii)(n) onerepresentative of a community organization actively engaged in pretrial justiceissues;
(1)(B)(xiii)(o) onechief of police; and
(1)(B)(xiii)(p) the court?s general counsel or designee.
(1)(B)(xiv) TheCommittee on Court Forms shall consistof:
(1)(B)(xiv)(a) onedistrict court judge;
(1)(B)(xiv)(b) onecourt commissioner;
(1)(B)(xiv)(c) onejuvenile court judge;
(1)(B)(xiv)(d) onejustice court judge;
(1)(B)(xiv)(e) onecourt clerk;
(1)(B)(xiv)(f) one appellate court staff attorney;
(1)(B)(xiv)(g) onerepresentative from the Self-Help Center;
(1)(B)(xiv)(h) theState Law Librarian;
(1)(B)(xiv)(i) the Court Services Director;
(1)(B)(xiv)(j) one representative from a legal serviceorganization that serves low-income clients;
(1)(B)(xiv)(k) oneparalegal;
(1)(B)(xiv)(l) one educator from a paralegal program or lawschool;
(1)(B)(xiv)(m) oneperson skilled in linguistics or communication; and
(1)(B)(xiv)(n) one representative from the Utah State Bar.
(1)(C) Standing committee chairs. The JudicialCouncil shall designate the chair of each standing committee. Standingcommittees shall meet as necessary to accomplish their work. Standingcommittees shall report to the Council as necessary but a minimum of once everyyear. Council members may not serve, participate or vote on standing committees.Standing committees may invite participation by others as they deem advisable,but only members designated by this rule may make motions and vote. All membersdesignated by this rule may make motions and vote unless otherwise specified.Standing committees may form subcommittees as they deem advisable.
(1)(D) Committee performance review. At leastonce every six years, the Management Committee shall review the performance ofeach committee. If the Management Committee determines that committee continuesto serve its purpose, the Management Committee shall recommend to the JudicialCouncil that the committee continue. If the Management Committee determinesthat modification of a committee is warranted, it may so recommend to theJudicial Council.
(1)(D)(i) Notwithstanding subsection (1)(D),the Guardian ad Litem Oversight Committee, recognized by Section 78A-6-901,shall not terminate.
(2) Ad hoc committees. The Council may formad hoc committees or task forces to consider topical issues outside the scopeof the standing committees and to recommend rules or resolutions concerningsuch issues. The Council may set and extend a date for the termination of anyad hoc committee. The Council may invite non-Council members to participate andvote on ad hoc committees. Ad hoc committees shall keep the Council informed oftheir activities. Ad hoc committees may form sub-committees as they deemadvisable. Ad hoc committees shall disband upon issuing a final report orrecommendations to the Council, upon expiration of the time set for termination,or upon the order of the Council.
(3) General provisions.
(3)(A) Appointment process.
(3)(A)(i) Administrator's responsibilities. Thestate court administrator shall select a member of the administrative staff toserve as the administrator for committee appointments. Except as otherwiseprovided in this rule, the administrator shall:
(3)(A)(i)(a) announceexpected vacancies on standing committees two months in advance and announcevacancies on ad hoc committees in a timely manner;
(3)(A)(i)(b) fornew appointments, obtain an indication of willingness to serve from eachprospective appointee and information regarding the prospective appointee'spresent and past committee service;
(3)(A)(i)(c) forreappointments, obtain an indication of willingness to serve from theprospective reappointee, the length of theprospective reappointee's service on the committee,the attendance record of the prospective reappointee,the prospective reappointee's contributions to thecommittee, and the prospective reappointee's otherpresent and past committee assignments; and
(3)(A)(i)(d) present a list of prospective appointees and reappointees to the Council and report on recommendationsreceived regarding the appointment of members and chairs.
(3)(A)(ii) Council's responsibilities. The Councilshall appoint the chair of each committee. Whenever practical, appointmentsshall reflect geographical, gender, cultural and ethnic diversity.
(3)(B) Terms. Except as otherwise provided inthis rule, standing committee members shall serve staggered three year terms.Standing committee members shall not serve more than twoconsecutive terms on a committee unless the Council determines that exceptionalcircumstances exist which justify service of more than two consecutiveterms.
(3)(C) Expenses. Members of standing and adhoc committees may receive reimbursement for actual and necessary expensesincurred in the execution of their duties as committee members.
(3)(D) Secretariat. The Administrative Officeshall serve as secretariat to the Council's committees.
Effective November 1, 2021
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