Rule 3-105 - Administration of the JudiciaryIntent:
To set forth the authority of individual judges, courts, the Supreme Court, and the Judicial Council to fairly and effectively administer the functions of the judicial branch, and to provide a process by which the Supreme Court and the Judicial Council (1) determine when a matter is predominantly within the exclusive authority of the Supreme Court or the Judicial Council such that referral to and independent action of either body is required; and (2) determine when a matter significantly implicates the exclusive authority of both the Supreme Court and the Judicial Council such that a coordinated effort is required.
Applicability:
This Rule applies to the judicial branch.
Statement of the Rule:
1. Individual Judges, Courts and Court Levels.a. Individual judges are responsible for administering the cases assigned to them and to their courts for disposition consistent with Rule 3-103.b. Individual judges, courts, or court levels may adopt and apply policies, procedures, and practices applicable to them to ensure the fair, efficient, and timely administration of cases assigned to them, provided such policies, procedures, and practices conform to all applicable state and federal laws, to rules and orders promulgated by the Supreme Court, rules promulgated by the Judicial Council, and to applicable provisions of the Human Resources Policies and Procedures Manual.2.The Supreme Court.a. The Supreme Court has exclusive authority to adopt rules of procedure and evidence to be used in courts of the State, to manage the appellate process, to authorize retired justices, judges, and judges pro tempore to perform judicial duties, and to govern the practice of law in the State.b. To the extent matters arise or come before the Judicial Council that are within the exclusive authority of the Supreme Court, the Judicial Council shall refer all such matters to the Supreme Court by notice to the Chief Justice.3.The Judicial Council.a. Except as provided in paragraphs (1) and (2), the Judicial Council has exclusive authority for the administration of the judiciary, including authority to establish and manage the budget, adopt administrative policies and rules, and oversee the Administrative Office of the Courts.b. The Chief Justice, as presiding officer of the Judicial Council and chief administrative officer of the judiciary, shall supervise the State Court Administrator and shall implement rules and policies adopted by the Judicial Council.c. To the extent matters arise or come before the Supreme Court that are within the exclusive authority of the Judicial Council, the Supreme Court shall refer all such matters to the Judicial Council by notice to the Management Committee.4.Concurrent Authority of the Supreme Court and Judicial Council. The Supreme Court and the Judicial Council are each independently responsible for the removal of the State Court Administrator as provided in statute and Rule 3-301, but shall exercise that independent authority consistent with Rule 3-308.5.Coordination and Referral of Activities Implicating Exclusive Authority of the Supreme Court and Judicial Council.a. When the Supreme Court begins considering a matter which implicates both the Court's and the Council's exclusive authority, or when there is uncertainty about whether the Court or the Council has authority over such a matter, the Supreme Court or a designated member of the Supreme Court, shall promptly meet and confer with the Management Committee.b. When the Judicial Council begins considering a matter which implicates both the Council's and the Court's exclusive authority, or when there is uncertainty about whether the Council or the Court has authority over such a matter, the Management Committee shall promptly meet and confer with the Chief Justice.c. In the meeting required under subsections (5)(a) and (5)(b), the Supreme Court (acting through its designated member) and the Judicial Council (acting through its Management Committee) shall: i. Decide whether the matter is predominantly within the exclusive authority of the Supreme Court or predominantly within the exclusive authority of the Judicial Council, and then refer the matter to the body with the predominating authority to act; ii. Decide whether the matter substantially implicates both the exclusive authority of the Supreme Court and the exclusive authority of the Judicial Council, and then act in a coordinated effort to address the matter.d. If after a meeting required under subsections 5(a) and 5(b), no decision can be reached about predominant authority, substantial implication of authority, referral of the matter, or coordination of action, the Supreme Court and the Judicial Council shall meet in a joint session to make the decision.e. The designated member of the Supreme Court shall consult with and report to the Supreme Court regarding any meeting required under this rule.f. The Management Committee shall consult with and report to the Judicial Council regarding any meeting required under this rule. Utah Code Jud. Admin. 3-105
Amended December 22, 2020, effective 5/1/2021.