Agency: Courts

Line Item: Contracts and Leases

Function

The Contracts and Leases line item provides courthouses and office space in which the judiciary adjudicates cases. The Contracts and Leases Program also provides offices in the community where juvenile probation officers can meet with the family and youth under their supervision. Expenses under Contracts and Leases include items such as:

• rent/lease payments for facilities,
• janitorial services,
• utility costs,
• perimeter/building security, and
• county contract sites.

The Courts assure that facilities comply with courthouse security requirements which allows for appropriate separation and safety of the public, judges, staff, and prisoners while avoiding possible mistrial situations occasioned by inappropriate contact with judges during case deliberations.

Facility operations and maintenance (O&M) expenses are generally established before the Legislature authorizes building a new facility or approve a new or expanded lease. The Appropriations Subcommittee for Executive Offices and Criminal Justice recommends to the Appropriations Subcommittee on Capital Facilities whether or not to authorize funding the purchase or building of a new courthouse. This recommendation acknowledges that future lease and O&M payments are the responsibility of the Legislature through the Appropriations Subcommittee.

Statutory Authority

Courthouse construction and leased facilities are evaluated as to their compliance with the Judicial Council's statewide guidelines and standards for courthouse construction. Relevant statutes on the provision of contracts and leases for the Judiciary include:

• Code of Judicial Administration Rule 3-405 provides guidelines for contract management.
• Code of Judicial Administration Rule 3-409 establishes the framework for facilities planning and construction.
• Code of Judicial Administration Rule 3-414 develops guidelines for security of the facilities.

Intent Language

Under Section 63J-1-401 and 63J-1-402 of the Utah Code, the Legislature intends that any remaining funds shall not lapse at the close of fiscal year 2009.

The Legislature intends that the Courts may terminate 2040 funding for Lease #001412, the Springville Juvenile Probation 2041 office and Lease #981959, the Orem Juvenile Probation office 2042 as of July 1, 2009.

The agency will be reporting on implementation of this intent language during the 2010 General Session.

Special Funds

Funding is primarily from the General Fund, but approximately 23 percent of this line item is from the General Fund Restricted - State Courts Complex Account. Funds are generated from a percentage of the filing fees and used for construction and operations and maintenance on court complexes.

Funding Detail

The two major sources of funding are from the State General Fund and the General Fund Restricted - State Court Complex Account. Revenue for the State Court Complex Account is from two civil case filing fees. An additional surcharge of $7 on all traffic tickets supplements this account.