Rule 7-102. Duties and authority
of Juvenile Court Commissioners.
Intent:
To set forth the duties and authority of Juvenile Court Commissioners
and to identify the types of cases Commissioners are authorized to hear.
Applicability:
This rule shall apply to the Juvenile Court.
Statement of the Rule:
(1) Types of cases and matters.
(1)(A) Commissioners may be assigned to hear and make recommendations
in cases involving:
(1)(A)(i) bailable
offenses, for arraignment and disposition;
(1)(A)(ii) truancy reviews;
(1)(A)(iii) restitution hearings;
(1)(A)(iv) detention and shelter hearings;
(1)(A)(v) other misdemeanor level offenses;
(1)(A)(vi) child protective orders; and
(1)(A)(vii) contempt.
(1)(B) Commissioners may exercise specific powers as authorized by
statute or rule of procedure.
(1)(C) Except as provided in paragraph (4) below, Commissioners may be
assigned, on an emergency basis, to any matter under the jurisdiction of the
Juvenile Court, by the presiding judge.
(2) Relief which may be granted.
(2)(A) Except as provided in paragraph (4) below, a Commissioner is
authorized to recommend any dispositional order authorized by Utah law,
including assessment of fines, restitution, compensatory service, probation and
other appropriate sanctions.
(2)(B) All recommendations of the Commissioner shall be reviewed by a
judge. The reviewing judge may confirm the recommendation of the commissioner,
set the matter for rehearing before a judge, or modify the recommendation after
reviewing the record.
(2)(C) Pending the filing of a request for rehearing, the
recommendation of the Commissioner shall constitute the order of the court
until the time for requesting a rehearing has passed or a judge has heard the
matter on the merits.
(3) Judicial review.
(3)(A) If a request for a rehearing is filed, the matter shall be set
for rehearing before a judge.
(3)(B) If the request for rehearing is as to disposition only and not
as to guilt or innocence, the matter shall be set for a disposition review
only.
(3)(C) A judge may order a rehearing of any case before confirming the
Commissioner's recommendation.
(4) Limitations. Notwithstanding any other provision contained in this
rule, a Commissioner may not:
(4)(A) make a recommendation for an order directing a permanent change
of custody or committing a minor to a secure facility;
(4)(B) be assigned to conduct a felony level trial or a permanent
deprivation of parental rights trial; or
(4)(C) enter a final order or judgment.