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Utah Supreme Court Standing Orders
Utah Supreme Court Standing Order No. 1
Withdrawn by Supreme Court Order November 28, 2005 - PDF
(As to petitions for rehearing)
(As to motions)
(As to citation form for published opinions released on or after 1/1/1999)
(As to procedures governing Supreme Court's review and issuance of final order implementing, rejecting, or modifying Judicial Conduct Commission's order imposing judicial discipline pursuant to Sections 78A-11-109 through 78A-11-112 Utah Code Ann.)
(As to procedures upon Judicial Conduct Commission's referral to the Supreme Court of allegation of criminal conduct pursuant to section 78A-11-106, Utah Code Ann.)
(As to establishment of a program of professionalism counseling for members of the Utah State Bar)
(As to establishment of a pilot program to require submission of electronic courtesy briefs to the Utah Supreme Court and the Utah Court of Appeals)
(Regarding motions filed less than thirty days before the date scheduled for oral argument)
Utah Supreme Court Standing Order No. 10
(Regarding appearances by former law clerks before the Supreme Court)
(Regarding filing documents by email)
(Regarding expungement of appellate records in criminal cases)
Withdrawn by Supreme Court Order November 28, 2005
Effective January 16, 2003
The Court hereby issues the following instructions to the clerk of the Court which are intended to replace the Court's existing Standing Order No. 2: Petitions for Rehearing will be accepted pursuant to Rule 35 of the Utah Rules of Appellate Procedure in cases which have received plenary review by the Court and a full opinion has been published, either as a signed opinion or per curiam.
The substance of Rule 35 provided concise instructions for rehearings, and further provides that untimely or consecutive petitions will not be received by the clerk.
The clerk is further instructed to refuse to accept petitions for rehearing, motions for reconsideration, or an instrument similarly captioned in the categories of actions next named: interlocutory appeals which have been denied (Rule 5), motions for summary disposition which have been granted or denied ( Rule 10 ), petitions for writs of certiorari which have been denied ( Rule 49 ), and motions to remand for findings under Rule 23B when granted or denied.
Utah Supreme Court Standing Order 3 has been superseded by Standing Order 9.
Utah Supreme Court Standing Order 4 has been superseded by amended Appellate Rule 24(f).
(1) The commission sends its record and order to the court recommending discipline of a judge.
(2) The clerk opens a case file and dockets the documents received from the commission. The clerk sends a copy of the commission's order to the person or entity which appointed the judge who is the subject of the commission's order.
(3) If the commission's order recommends a reprimand, censure, suspension, removal or involuntary retirement of the judge, the commission's order shall be made available to the public upon request. The record sent by the commission, other than the commission's order of discipline, shall remain confidential for a minimum period of ten days. After docketing the petition, the clerk sends a notice and order, signed by a justice, to the judge, to his or her counsel, if represented, and to the commission, advising as to the procedure for requesting that the proceedings and the record remain confidential. A request for confidentiality must be filed no later than ten days (seven days plus three days for mailing) from the date of the notice and order. The other side has ten days (seven days plus three days for mailing) to respond to the confidentiality request. The requesting party has six days to reply (three days plus three days for mailing). If a request for confidentiality is not filed within ten days from the date of the court's notice and order, the following items in the record shall be automatically opened to the public: the notice of charges; the commission's findings of fact and conclusions of law; and the summary, if any, of all orders implemented or modified by the Supreme Court against the judge except for those orders involving an informal order of reprimand entered prior to 05/03/04. All other documents in the commission's record will be reviewed by the court and a determination made as to whether the document will be open to the public or remain confidential. Documents related to unproven allegations of misconduct, or which reveal the identity of a witness or complainant, will be non-public. If a request is filed, argument will be heard at the next regularly scheduled law and motion calendar after briefing is completed. The hearing, the record, and all papers supporting or opposing the request shall remain confidential until the court rules on the request.
(4) If the commission's recommended disciplinary action is stipulated to by the judge, the court takes the matter under advisement. A hearing is not required, and the matter is considered by the full court at a court conference.
(5) If the commission's recommended disciplinary action is NOT stipulated to by the judge, the clerk's office issues a notice, signed by the clerk of court, advising the parties as to the procedure for requesting written or oral argument. The notice shall be sent to the judge, his or her counsel, if represented, and the commission. The request must be filed within fifteen days from the date of the notice. A response to the request is permitted to be filed within ten days of the filing of the request. When a request is filed, it will be considered at the next available court conference. The court may also consider whether additional evidence should be permitted. If the court determines that briefing or oral argument is appropriate or that additional evidence should be submitted, it will notify the parties of the procedure and/or time schedule for such submissions or argument. The court will not take the disciplinary matter under advisement until the expiration of such time period.
(6) After a matter has been taken under advisement, the court issues its order implementing, rejecting, or modifying the commission's order. The court's order and all other documents in the court's file will be deemed public unless the court directs otherwise.
The commission shall refer an allegation of criminal conduct by a judge, other than the chief justice, to the chief justice. The allegation shall be in writing. If the criminal conduct is alleged to have been committed by the chief justice, the commission shall refer the written allegation to the associate chief justice and the next most senior justice (excluding the chief justice).
The clerk shall docket the allegation and assign the matter a case number. The allegation and all information contained therein is confidential unless and until the file is opened to the public.
After docketing the allegation, the clerk shall send a notice, signed by the investigating justice(s), advising the judge that an allegation of criminal conduct has been referred by the commission, and that the judge is being placed on paid administrative leave. The notice shall advise the judge that he or she has ten days from the date of the notice to submit any response opposing the imposition of administrative leave.
If a judge is criminally charged or indicted for a class A misdemeanor or any felony, and the investigating justice(s) has not already acted under subsection (3), the appropriate member or members of the court, as provided in subsection (1), shall place the judge on paid administrative leave pending the outcome of the criminal proceeding.
If a judge is placed on paid administrative leave, and has not been criminally charged or indicted, that determination shall be reviewed every 30 days by the investigating justice(s).
The investigating justice(s) shall order reinstatement of the judge if the prosecuting attorney determines no charge or indictment should be filed or if the judge is not convicted of a criminal charge after final disposition of the criminal case.
Effective April 1, 2008; Amended June 12, 2012
The Court intends to establish a board (hereinafter the "Board") consisting of seven counselors to counsel and educate members of the Bar concerning the Court's Standards of Professionalism and Civility (hereinafter the "Standards"). Specifically, the Board's purposes are: (1) to counsel members of the Bar, in response to complaints by other lawyers, referrals from judges, or referrals from counsel in the Office of Professional Conduct ("OPC counsel"); (2) to provide counseling to members of the Bar who request advice on their own obligations under the Standards; (3) to provide CLE on the Standards; (4) to publish advice and information relating to the work of the Board.
Board Composition
Appointees shall serve on a volunteer basis and will be appointed based upon stature in the legal community and experience in legal professionalism matters. A minimum of one of the seven appointees shall have transactional experience, and at least one attorney shall have small firm or sole practitioner experience. Board members shall serve for staggered terms of no fewer than three years for continuity and so that each Board member has the opportunity to develop expertise on the Standards. The Court will appoint one of the Board members as chair.
Submission of Complaints and Questions to the Board
The Board is authorized to consider complaints by lawyers concerning the professionalism of other lawyers, referrals from judges or OPC counsel, and questions about professionalism from practicing lawyers. In the absence of a referral from a judge or OPC counsel, the Board shall not consider questions or complaints from clients or members of the public.
If a lawyer wishes to lodge a complaint with the Board concerning the conduct of another member of the Bar, the complaint must be in writing (i.e., by letter or email) and signed by the complainant. The Board shall not consider anonymous complaints about lawyers. Questions or requests for counseling from a lawyer concerning his or her own conduct need not be in writing but may be made by telephone or a personal visit with members of the Board. Referrals from judges may be directed by telephone. Referrals from OPC counsel should be in writing.
The Board is authorized to develop its own procedures based upon this Standing Order, the purposes for which the program is established, and upon the Board's experience. Adherence to formal rules of procedure or evidence is not required.The Board may address a complaint or referral by whatever means it determines is best. In matters where the Board deems it helpful, matters may be addressed by panels of three.The Board should generally notify the complainant or, in the case of a referral, the judge or OPC counsel,that the complaint or referral has been received within thirty days of the complaint. The notice should indicate the manner in which the Board intends to address the issue along with the general timing that is anticipated.
Except as authorized in this Standing Order or in Rule 14-515(a)(4) of the Supreme Court Rules Governing the Utah State Bar, the contents of statements, communications or opinions made by any participant in the program shall be kept confidential. Board members may freely communicate with a referring judge or with OPC counsel in connection with any matter that has been referred to the Board. The Board may, in its discretion, inform the lawyer who is subject to a complaint or referral of relevant factual assertions that the Board may address. This may, at the discretion of the Board, include a copy of the complaint or written referral. The Board may also, in its discretion, investigate underlying facts or counsel lawyers by reference to facts or assertions learned in the process of its efforts. Board members are permitted to communicate directly with lawyers, judges, or clients involved in the dispute concerning the relevant facts and the application or interpretation of the Standards.
Resolution and Written Advisories
Resolution may be by written advisory to the lawyers involved, by a face-to-face meeting with the lawyers, or through counsel provided by telephone or other means. Should it determine to resolve the matter through a written advisory, reference should be made to individual Standards. A copy of each written advisory (including identifying information) shall be provided to the lawyers involved in the matter and may, at the discretion of the Board, also be provided to OPC counsel. Where a matter has come to the Board by means of judicial referral the Board shall, upon resolution of the matter, report to the judge the manner in which the matter was resolved, including, where applicable, a copy of the written advisory that includes indentifying information. Further, the Board may in its discretion provide a copy of a written advisory (including identifying information) to supervisors, employers, or agencies whose lawyers have been the subject of a complaint. Also, the panel is permitted to disclose the general nature of the situation for the benefit of members of the Bar and the public (without identifying names or uniquely identifying facts such as the parties to a proceeding) and a sufficient description of the conduct at issue to convey the basis for its advice, through publication or other means of public dissemination including CLE presentations or posting to a web page.
The Duty of Good Faith
Attorneys seeking the assistance of the Board shall do so only in good faith and not for the purposes of harassment or to attain a strategic advantage. The Board is authorized to terminate any proceeding or referral that it believes has been initiated or utilized in bad faith or for an improper purpose.
The Board shall report annually to the Court concerning its operation, the Standards it has interpreted, the advice it has given, and any trends it believes important for the Court to know about. It should also make suggestions to the Court as to needed changes to the Standards.
The Board shall periodically publish summaries or selected portions of its advisories in the Utah Bar Journal for the benefit of practicing lawyers. Published advisories shall not include the names or uniquely identifying facts such as the parties to a proceeding. Also, the Board shall maintain a web page under the auspices of the Court or the Bar that provides a database of the advisories transmitted to the Utah Bar Journal for Publication.
Complaints should be sent to James Ishida, Appellate Court Administrator, Utah Supreme Court, P.O. Box 140210, Salt Lake City, UT 84114-0210; email address jamesi@utcourts.gov
Effective May 15, 2008
The Utah Supreme Court hereby establishes a pilot program to determine the feasibility and desirability of requiring parties to provide the Utah appellate courts with a courtesy copy on compact disk (CD) of all briefs on the merits.
As of the effective date of this order, any party filing a brief on the merits in the Utah Supreme Court or the Utah Court of Appeals, including an intervenor and any person who has been granted permission to appear amicus curiae, shall submit a so-called Courtesy Brief on CD in searchable Portable Document Format (PDF) to the appellate court and to the parties in addition to complying with the filing and service requirements set forth in the Utah Rules of Appellate Procedure. The filing party shall include in the Courtesy Brief, the appendices, including relevant portions of the record, in PDF. The filing party shall submit the Courtesy Brief to the appellate court and the parties within fourteen (14) days after the filing of the printed form of the brief.
A person confined in a state institution and not represented by counsel who is filing a brief on the merits is exempt from this standing order. Any party or party's attorney who lacks the technological capability to comply with the standing order, must file a motion to be excused from compliance at the same time that the party files its brief on the merits.
As part of the pilot program, the Utah Supreme Court urges a filing party who has the technological capability to do so to submit a so-called Enhanced Courtesy Brief that includes hyperlinks to the cases, statutes, treatises, and portions of the record cited in the brief. A party electing to submit an Enhanced Courtesy Brief, shall submit the Enhanced Courtesy Brief to the appellate court and the parties within fourteen (14) days after the filing of the printed form of the brief. To view sample pages from an Enhanced Courtesy Brief (with hyperlinks), please click here.
Absent extraordinary circumstances, the Supreme Court will not rule on a motion prior to oral argument if the motion is filed less than thiry days before the date scheduled for oral argument on the plenary calendar. Additionally, if it appears the movant had an opportunity to file the motion more than thirty days prior to oral argument, the failure to file it in a more timely manner may be deemed to constitute an independent justification for its denial.
Effective January 9, 2014, amended April 27, 2017
Any law clerk or intern working with a Justice of the Utah Supreme Court may not appear as counsel before the Court until one year from the end of the law clerk's or intern's term of service with the Justice. This order does not prohibit any member of a law firm or other attorney with whom the former law clerk or intern is associated from appearing before the court.
Effective September 20, 2016 revised May 22, 2017
As an interim step before electronic filing in the appellate courts, any document that is a public record required or permitted to be filed with the Supreme Court or Court of Appeals may be filed by attaching a searchable PDF file of no more than 25 MB to an email sent to the address of the clerk of the appropriate court listed below.
If a document other than a brief is delivered by email, a paper copy does not need to be delivered. A document is deemed filed when the email is received.
If a brief under Rule 24 or Rule 25 of the Rules of Appellate Procedure is delivered by email, paper copies of the brief that comply with Rule 27 must be delivered no more than 7 days after filing by email. For matters pending in the Supreme Court, eight (8) copies of each brief must be delivered to the Supreme Court. For matters pending in the Court of Appeals, six (6) copies must be delivered to the Court of Appeals. If paper copies of a brief are not timely delivered, the brief may be stricken.
Unless the court orders, otherwise, the filing of documents and briefs is timely if the email is received before midnight on the last day for filing. Under the Utah Uniform Electronic Transactions Act, sending the email is an electronic signature, and it carries all of the representations and consequences under Rule 40 of the Rules of Appellate Procedure.
All risks associated with email are borne by the sender. If a statute or rule establishes a fee for the filing, the party must pay the fee to the clerk of the court no more than 7 days after the filing, or the filing will be stricken.
Documents filed in the Supreme Court may be sent to: supremecourt@utcourts.gov.
Documents filed in the Court of Appeals may be sent to: courtofappeals@utcourts.gov.
Under Rule 2, any Rules of Appellate Procedure inconsistent with this order are suspended, and the parties may proceed in accordance with this order.
Effective March 8, 2017, Revised June 7, 2017
A defendant in a criminal case may petition the Supreme Court or Court of Appeals to have the defendant's appellate records expunged. To qualify for expungement, the defendant must have obtained an order from a district court expunging a defendant's entire trial court record, along with information in possession of other government entities.
A request for expungement must be submitted in writing. The defendant must serve a copy of the request on the Utah Attorney General's office. The defendant shall explain why the court should grant the request for expungement. A defendant shall include a copy of the petition for expungement filed in the district court, along with a certified copy of the order granting expungement. The defendant shall submit a proposed redacted version of an appellate opinion, any other type of order or decision disposing of an appellate case, an order granting or denying a discretionary petition, or an order granting or denying a petition for rehearing to replace the previously published opinion or order. The redaction shall be limited to names and personal identifying information, such as address, birth date, and government issued identification numbers. A defendant may substitute initials or propose the use of a pseudonym. The court is not obligated to redact opinions or orders in other cases that cite or quote an opinion or order in the defendant's case. The Utah Attorney General's office may object to the expungement or object to proposed redactions. Any objection must be received by the court within 30 days from the date the defendant notified the Utah Attorney General's office of the request.
If the court grants the request for expungement, the court shall seal any records that remain in its possession and shall replace a previously issued opinion or order, with a redacted opinion or order. The court may modify the defendant's proposed opinion or order as appropriate. The court shall also notify Westlaw and LexisNexis of the district court's expungement order and the redacted opinion or order, with the understanding that non-government entities do not have an obligation to expunge or redact information in their possession. The defendant may notify other publishers of the expungement order and the redacted opinion. The court shall have no other obligations.
Page Last Modified: 11/1/2017