Utah Sup. Ct. R. Prof'l Prac. 1-107

Intent:

To establish procedures for the Supreme Court’s committees to conduct open and public meetings.

To establish procedures consistent with the philosophy of the Utah Open and Public Meetings Act.

To provide the Supreme Court with sufficient flexibility to close meetings when discussing matters of a sensitive nature.

Applicability:

This rule shall apply to Supreme Court advisory committees, ad hoc committees, and oversight committees. This rule does not apply to the Supreme Court’s Ethics and Discipline Committee, the Supreme Court’s Professionalism and Civility Counseling Board, or committees of the Utah State Bar. Statement of the Rule:

(a) Public notice of meetings. Each Supreme Court committee must post their annual meeting schedule. At least 24 hours before each meeting, the committee must post on its website the meeting agenda and location. If the meeting will be held virtually, the committee must post the link to join at least 24 hours before each meeting.

(b) Open meetings. Meetings of Supreme Court committees are open to the public unless closed as provided in this section.

(c) Prohibition on closing specific meetings. The following Supreme Court committees must hold only open meetings:

(1) the Advisory Committee on the Rules of Appellate Procedure;

(2) the Advisory Committee on the Rules of Business and Chancery Procedure;

(3) the Advisory Committee on the Rules of Civil Procedure;

(4) the Advisory Committee on the Rules of Criminal Procedure;

(5) the Advisory Committee on the Rules of Evidence;

(6) the Advisory Committee on the Rules of Juvenile Procedure; and

(7) the Advisory Committee on the Rules of Professional Conduct.

(d) Reasons for closed meetings. Supreme Court committees may close an otherwise open meeting:

(1) to discuss legal advice of counsel;

(2) to discuss an individual’s character, professional competence, or physical or mental health;

(3) to discuss applications containing private information;

(4) to discuss information that is designated as a trade secret; or

(5) for any other allowable reason found in the Open and Public Meetings Act, or Rule 2-103 of the Code of Judicial Administration;

(e) Limit on actions at a closed meeting. No contract, appointment, rule, application, or resolution may be approved at a closed committee meeting. A contract, appointment, rule, application, or resolution approved at an open meeting may be based upon discussions had at a closed meeting.