(a) A minor may tender a denial, an admission, or a plea of no contest pursuant to Utah Code section 80-6-306 and this rule.(b) When denial a is entered, the court shall set the matter for a trial hearing or for a pre-trial conference. (c) The court may refuse to accept an admission or a plea of no contest and may not accept such plea until the court has found: (c)(1) that the right to counsel has been knowingly waived if the minor is not represented by counsel; (c)(2) that the plea is voluntarily made; (c)(3) that the minor and, if present, the minor's parent, guardian, or custodian, have been advised of, and the minor understands and has knowingly waived, the right against compulsory self-incrimination, the right to be presumed innocent, the right to a speedy trial, the right to confront and cross-examine opposing witnesses, the right to testify and to have process for the attendance of witnesses; (c)(4) that the minor and, if present, the minor's parent, guardian, or custodian have been advised of the consequences which may be imposed after acceptance of the admission of the alleged offense or plea of no contest; (c)(5) that the minor understands the nature and elements of the offense to which the plea is entered, that upon trial the prosecution would have the burden of proving each of those elements beyond a reasonable doubt, and that the plea is an admission of all those elements; (c)(6) that there is a factual basis for the plea; and (c)(7) where applicable, the provisions of paragraph (e) have been met. (d) Plea discussions and agreements are authorized in conformity with the provisions of Utah Rule of Criminal Procedure 11. The prosecuting attorney may enter into discussions and reach a proposed plea agreement with the minor through the minor's counsel, or if the minor is not represented by counsel, directly with the minor. However, the prosecuting attorney may not enter into settlement discussions with a minor not represented by counsel unless the parent, guardian or custodian is advised of the discussion and given the opportunity to be present.(e) If the court, pursuant to Utah Code section 80-6-306, delays entry of a minor's admission, the court will, upon motion of the court or any party, make a finding on whether the minor has successfully completed the imposed conditions. If the motion is unopposed, the court may make its finding without a hearing. If the motion is opposed, the court will hold a hearing, and then make its finding. After the court makes its finding, it will issue an order pursuant to Utah Code section 80-6-306.Amended effective 4/1/2009; amended May 18, 2022, effective 5/18/2022.Advisory Committee Notes
This rule should not be interpreted as establishing or limiting any rights. The rights noted in this rule are established by statute, constitution, or caselaw. The purpose of this rule is to require that the parties be advised of their rights.