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Rule 3-108. Judicial assistance.

Intent:

To establish the authority, procedure and criteria for judicialassistance.

Applicability:

This rule shall apply to judicial assistance provided by activesenior judges and judges of courts of record.

Statement of the Rule:

(1)  Criteria for requesting assistance. Judicialassistance shall be provided only for the following reasons:

(1)(A) when assistance is needed because of a judicial vacancy oran absence due to an illness, accident, or disability;

(1)(B) to prevent theoccurrence of or to reduce a critical accumulated backlog;

(1)(C) to handle a particularcase involving complex issues and extensive time which would have a substantialimpact on the court's calendar;

(1)(D) to replace a sittingjudge who is absent because of assignment as a tax judge, illness or to replacethe judges in that location because of disqualification in a particular case;

(1)(E) to mentor a newlyappointed judge;

(1)(F) to handle cases duringvacation periods or during attendance at education programs by the sittingjudge, following every effort by that judge to adjust the calendar to minimizethe need for assistance and only to handle those matters which cannot beaccommodated by the other judges of the court during the absence;

(1)(G) to provide education andtraining opportunities to judges of one court level in the disposition of casesin another court level;

(1)(H) in district court, to handle cases involving taxation, asdefined in Rule 6-103(4) of the Utah Code of Judicial Administration;

(1)(I) to handle automatic expungement cases; and

(1)(J) to serve on a grand jury panel.

(2)  Assigning asenior judge for judicial assistance.

(2)(A) Unless exigent circumstances occur, a presiding judge shallseek assistance under the priorities listed in paragraph (3) before assigning asenior judge.

(2)(B) If the assignment of a senior judge shall be for more than14 judicial days, the presiding judge shall seek approval from the ManagementCommittee, and present to the Management Committee a plan for meeting the needsof the court and a budget to implement the plan. The plan should describe thecalendars to be covered by judges of the district, judges of other districts,and senior judges. The budget should estimate the funds needed for travel bythe judges and senior judges.??

 

(3)? Criteria fortransferring or assigning judges. The transfer or assignment of judgesfor judicial assistance under this rule, shall, in general, be based upon thefollowing priorities:

(3)(A) experience and familiarity with the subject matter,including, in district court cases involving taxation, as defined in Rule6-103(4) of the Utah Code of Judicial Administration, knowledge of the theoryand practice of ad valorem, excise, income, sales and use, and corporatetaxation;

(3)(B) active judges beforeactive senior judges with consideration of the following:

(3)(B)(i) active judges from acourt of equal jurisdiction in a different geographical division than the courtin need, and who are in close proximity to that court;

(3)(B)(ii) active senior judgesfrom a court of equal jurisdiction to the court in need and who are in closeproximity to that court;

(3)(B)(iii) active judges froma court of different jurisdiction than the court in need whose subject matter jurisdictionis most closely related to that court and who are in close proximity to thatcourt;

(3)(B)(iv) active judges from acourt of equal jurisdiction in a different geographical division than the courtin need who are far removed from that court;

(3)(B)(v) active or activesenior judges from a court of different jurisdiction than the court in needwhose subject matter jurisdiction is similar to that court and who are not inclose proximity to that court;

(3)(C) availability;

(3)(D) expenses and budget.

(4)  Assignment of active judges.

(4)(A) Any active judge of a court of record may serve temporarilyas the judge of a court with equal jurisdiction in a different judicialdistrict upon assignment by the presiding judge of the district in which the judgeto be assigned normally sits or, in district court cases involving taxation, asdefined in Rule 6-103(4) of the Utah Code of Judicial Administration,assignment by the supervising tax judge with the approval of the presidingofficer of the Council.

(4)(B) Any active judge of a court of record may serve temporarilyas the judge of a court with different jurisdiction in the same or a differentjudicial district upon assignment by the presiding officer of the Council orassignment by the state court administrator or designee with the approval ofthe presiding officer of the Council.

(4)(C) The presiding officer of the Council may appoint a districtcourt presiding judge as the signing judge for automatic expungements in alldistrict courts within the presiding judge?s district. The length of theassignment may coincide with the judge?s term as presiding judge.

(4)(D) The assignment shall be made only after consideration ofthe judge's calendar. The assignment may be for a special or general assignmentin a specific court or generally within that level of court and shall be for aspecific period of time, or for the duration of a specific case. Full timeassignments in excess of 30 days in a calendar year shall require theconcurrence of the assigned judge. The state court administrator or designeeshall report all assignments to the Council on an annual basis.

(4)(E) Requests for the assignment of a judge shall be conveyed,through the presiding judge, to the person with authority to make theassignment under paragraphs (A) and (B). A judge who is assigned temporarily toanother court shall have the same powers as a judge of that court.

(5) Notice of assignments. Notice of assignmentsmade under this rule shall be made in writing, a copy of which shall be sent tothe state court administrator or designee.

(6) Schedule of trials or court sessions. Thestate court administrator or designee, under the supervision of the presidingofficer of the Council, may schedule trials or court sessions and designate ajudge to preside, assign judges within courts and throughout the state,reassign cases to judges, and change the county for trial of any case if noparty to the litigation files timely objections to the change.

EffectiveJune 28, 2021