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JUDICIAL COUNCIL MEETING AGENDA November 25, 2019 Council Room Matheson Courthouse 450 South State Street Salt Lake City, Utah 8

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JUDICIAL COUNCIL MEETING AGENDA November 25, 2019 Council Room Matheson Courthouse 450 South State Street Salt Lake City, Utah 8 000001 JUDICIAL COUNCIL MEETING AGENDA November 25, 2019 Council Room Matheson Courthouse 450 South State Street Salt Lake City, Utah 84111 Chief Justice Matthew B. Durrant Presiding 1. 9:00 a.m. Welcome & Approval of Minutes .......... Chief Justice Matthew B. Durrant (Tab 1 – Action) 2. 9:05 a.m. Chair's Report ........................................ Chief Justice Matthew B. Durrant (Information) 3. 9:10 a.m. Administrator's Report ............................................ Judge Mary T. Noonan (Information) 4. 9:20 a.m. Reports: Management Committee ......... Chief Justice Matthew B. Durrant ad hoc Budget & Finance Committee ................................ Judge Mark May Liaison Committee ............................................................. Judge Kara Pettit Policy & Planning Committee ....................................... Judge Derek Pullan Bar Commission..................................................................... Rob Rice, esq. (Tab 2 - Information) 5. 9:40 a.m. Technology Committee Report & Recommendations ... Justice John Pearce (Tab 3 - Action) Heidi Anderson 10:40 a.m. Break 6. 10:50 a.m. Creation of Joint Task Force on Procedural Reforms for Justice Courts ...... (Tab 4 - Action) Judge Kate Appleby Michael Drechsel 7. 11:05 a.m. Proposed Amendment to Utah Code § 78A-7-206 Compensation to Justice Court Judges.................................................................. Judge Rick Romney (Tab 5 - Action) Jim Peters 8. 11:15 a.m. Budget & Finance Committee: Market Survey and Clerical Reallocation Recommendation ............................................................... Judge Mark May (Tab 6 - Action) Bart Olsen Karl Sweeney 000002 9. 11:45 a.m. Judicial Council Annual Report Utah Code § 78A-2-104 ............................. (Tab 7 - Action) Judge Mary T. Noonan Cathy Dupont 12:00 p.m. Break (Lunch) 10. 12:10 p.m. Pretrial Release and Supervision Report ................ Judge George Harmond (Information) Keisa Williams 11. 12:40 p.m. Procedural Due Process in the Pretrial Context: Caselaw re: Ability to Pay Analysis................................................................................ Keisa Williams (Tab 8 - Action) 12. 12:55 p.m. CJA Rule 6-506 for Final Action ......................................... Keisa Williams (Tab 9 - Action) 13. 1:00 p.m. HR 440 Education Assistance, HR 550 Discrimination and Harrassment, and Problem-Solving Court Checklist for Final Action ...... Keisa Williams (Tab 10 - Action) 14. 1:15 p.m. Problem-Solving Court Inventory and Recommendations ........ Shane Bahr (Tab 11 - Action) Judge Mark May 15. 1:30 p.m. NCSC System Review Phase 2 ................................ Judge Mary T. Noonan (Action) Cathy Dupont 16. 1:45 p.m. Senior Judge Certification...................................................... Cathy Dupont (Tab 12 - Action) 1:50 p.m. Break 17. 2:00 p.m. An Action Plan for Compiling Judicial Council History .......... Geoff Fattah (Tab 13 - Information) 18. 2:20 p.m. Old Business/New Business ................................................................... All (Discussion) 19. 2:40 p.m. Executive Session - There will be an executive session 20. 3:00 p.m. Adjourn 000003 Consent Calendar The consent calendar items in this section are approved without discussion if no objection has been raised with the Administrative Office of the Courts or with a Judicial Council member by the scheduled Judicial Council meeting or with the Chair of the Judicial Council during the scheduled Judicial Council meeting. 1. Forms Committee Forms Brent Johnson (Tab 14) 2. CJA Rules 1-204, 1-205, 3-111, 3-406, 4-905 and Appendix F, and Utah Code § 10-1-202 for Public Comment for Public Comment Keisa Williams (Tab 15) 3. Committee Appointments Ethics Advisory Committee – Brent Johnson (Tab 16) Forms Committee – Brent Johnson MUJI Criminal Committee – Michael Drechsel Judicial Outreach – Geoff Fattah 000004 000005 Tab 1 000006 000007 Agenda JUDICIAL COUNCIL MEETING Minutes October 28, 2019 Matheson Courthouse Council Room 450 S. State St. Salt Lake City, Utah 84111 9:00 a.m. – 12:00 p.m. Chief Justice Matthew B. Durrant, Presiding Members: AOC Staff: Chief Justice Matthew B. Durrant, Chair Hon. Mary T. Noonan Hon. Kate Appleby, Vice Chair Cathy Dupont Hon. Brian Cannell Michael Drechsel Hon. Augustus Chin Shane Bahr Hon. Ryan Evershed Geoff Fattah Hon. Paul Farr Katie Gregory Justice Deno Himonas – by phone Larissa Lee Hon. Mark May Clayson Quigley Hon. Kara Pettit Neira Siaperas Hon. Derek Pullan Chris Talbot Hon. Brook Sessions Keisa Williams Hon. Todd Shaughnessy Jeni Wood Hon. John Walton Rob Rice, esq. Guests: Jim Bauer, Third District Juvenile TCE Excused: Hon. Michele Christiansen Forster, Court of Appeals Jim Peters Travis Erickson, Seventh District TCE Joyce Pace, Fifth District TCE Commissioner Bridget Romano, JPEC Ron Shepherd, Third District Probation Officer Hon. F. Richards Smith, Fourth District Juvenile Gary Syphus, Legislative Fiscal Analyst Dr. Jennifer Yim, JPEC 1. COUNCIL PHOTO. The annual Judicial Council photo was taken. 2. WELCOME AND APPROVAL OF MINUTES: (Chief Justice Matthew B. Durrant) Chief Justice Matthew B. Durrant welcomed everyone to the meeting. Motion: Judge Kate Appleby moved to approve the Judicial Council minutes from the September 10, 2019 meeting, as presented. Judge Todd Shaughnessy seconded the motion, and it passed unanimously. 1 000008 3. CHAIR’S REPORT: (Chief Justice Matthew B. Durrant) Chief Justice Durrant had nothing new to report. 4. ADMINISTRATOR’S REPORT: (Judge Mary T. Noonan) Judge Mary T. Noonan noted Judge Lichman, a Florida judge who is a national expert on addressing mental health issues in the justice system, is expected to attend an event being organized by the Courts and the Department of Human Services as part of the initiative for the Courts & Community Response to Those with Mental Illness (also known as the Sequential Intercept Model). He is available on one of the following dates April 20-22, 2020. The NCSC System Review Steering Committee met last week with Patti Tobias to begin the process for phase 2 of the system review. The committee will present a proposed contract and timeline to the Council in November. The Governor has appointed Teresa Welch and Kristine Johnson to the Third District Court. 5. COMMITTEE REPORTS: Management Committee Report: The work of this committee is reflected in the minutes. Ad Hoc Budget & Finance Committee Report: The committee held its first meeting and addressed two main issues: • The market comparability analysis, which will be addressed again in November, and • The reallocation issue, which will be discussed at this meeting. Liaison Committee Report: The committee met on September 30 and reviewed current legislation. Cathy Dupont noted Senator Weiler will sponsor the judicial housekeeping bill and the judicial reallocation bill. Michael Drechsel is consulting with national experts to help the committee better understand how the courts can effectively and accurately communicate court fiscal impact to the legislature. Policy and Planning Committee Report: The subcommittee created from the June Council retreat completed their work on two rules. Bar Commission Report: Rob Rice noted the Bar approved the first four Licensed Paralegal Practitioners (LPPs), three of which are established with law firms, and one is working on creating their own business. 6. JUDICIAL PERFORMANCE EVALUATION COMMISSION REPORT: (Dr. Jennifer Yim and Commissioner Bridget Romano) Chief Justice Durrant welcomed Dr. Jennifer Yim and Commissioner Bridget Romano. Dr. Yim introduced Commissioner Romano. JPEC and judges (not in the 2020 retention term) met with attorneys to prepare them for the judicial survey. They emphasized the purpose of responding to the survey, the importance of honesty, and ensuring attorneys understood that 2 000009 judges want their feedback. Recently, there were approximately 230 CLE participants at the Bar-approved one-hour JPEC professionalism CLE. The response rate for surveys conducted by court staff this year is comparable to surveys in the past; however, comments received indicate a fear of retribution. JPEC addressed this with the TCEs. The Council recommended JPEC attend the next annual conference to speak with judges. Chief Justice Durrant thanked Dr. Yim and Commissioner Romano. 7. CJA RULE 4-401.02 FOR FINAL APPROVAL: (Dr. Jennifer Yim, Commissioner Bridget Romano, Judge Derek Pullan, and Keisa Williams) Chief Justice Durrant welcomed Dr. Jennifer Yim, Commissioner Bridget Romano, and Keisa Williams. JPEC requested an amendment to Code of Judicial Administration Rule 4- 401.02 Possession and Use of Portable Electronic Devices to allow JPEC to engage in a pilot project using audio and video recordings of justice court hearings to create a system for courtroom observation that mimics the in-person courtroom evaluation to which all other judges are subject. The pilot will be conducted only for mid-term judges so that the effect of the pilot can be evaluated independent of any concern with actual retention elections for those judges. The rule recently completed a 45-day comment period, where one comment was received. Because in-person observation does not result in any permanent record beyond the documented observations of the JPEC observer, the audio and video recordings will not be retained beyond the period necessary to review the recordings. By designating the records “not public,” access to the recordings will be restricted. The Court has the ability to
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