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Utah House narrows 72‑hour grand‑jury notice for minors, adds appointed counsel and guardian protections
Summary
Lawmakers approved an amendment to allow a managing judge to shorten the 72‑hour notification for subpoenas to minors in narrow emergency circumstances while requiring safeguards such as guardian‑ad‑litem appointment and court‑appointed counsel; HB11 passed the House 73–0 and will go to the Senate.
The Utah House on Feb. 15 amended and passed House Bill 11, changing procedures for grand‑jury subpoenas involving minors so that a managing judge may shorten the 72‑hour notice period in narrowly defined emergency cases while adding protections for the child.
Representative McKiff, sponsor of the amendment, said the change addresses rare situations where a minor may be hidden or at risk of removal from the jurisdiction, and that the managing judge must make factual findings before shortening notice. "A subpoena may be served upon a minor less than 72 hours before the minor is required to testify if the managing judge . . . makes a factual finding that the minor was intentionally concealed to prevent service," McKiff said during floor debate.
Representative Christiansen—who said he had proposed broader safeguards—praised the collaborative effort but reiterated concerns about preserving a 72‑hour protective window for children. "You might recall that this was the body of law that we changed right about 10 minutes before midnight on the last night of the session last year. We put in place a 72 hour window of protection so that minors, children, would not be compelled to testify...without legal representation," he said.
The final amendment (Amendment No. 3) added that a parent or legal guardian may assert service‑requirement objections, authorized appointment of a guardian ad litem when necessary, and required appointment of counsel for the minor at the hearing in cases where no responsible adult is available. McKiff summarized: "If it turns out that that victim has nobody really looking out for her at the parent level...the judge is required to appoint counsel to represent the minor at the hearing."
The House voted to adopt the amendment and then passed HB11 on final reading by voice and roll calls recorded as 73 yes, 0 no. The bill and amendment sponsor said the change is intended to be used only in limited emergency conditions and to preserve the child’s safety and right to counsel.
The bill will now be transmitted to the Senate for consideration.
