Agency: Courts

Line Item: Jury and Witness Fees

Function

The state is responsible for the payment of jurors and witnesses who appear in court. The state must also pay for court interpreter expenses. This line item regularly runs a deficit. Such shortfalls are referred to the Board of Examiners to be certified as a claim against the state. At the end of a fiscal year, surplus General Fund is used to pay the deficit, although budgetary accounting shows a negative carry-forward amount.

Statutory Authority

Utah Code 78B Chapter 1 establishes a framework and guidelines for witnesses, interpreters and jurors.

• UCA 78B-1-146 provides for interpreters.
• UCA 78B-1-118 assigns the responsibility for policy guidelines concerning payment of jurors and witnesses to the Judicial Council.
• UCA 78B-1-117 authorizes this line item to go over the appropriated amount. The Judicial Council is required to submit a claim to the Board of Examiners for shortfalls.
• UCA 78B-1-119 establishes fees for jurors and witnesses.
• UCA 78B-1-151 authorizes payment of expert witnesses.

Intent Language

Under Section 63J 257 -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 agency will be reporting on implementation of this intent language during the 2010 General Session.

Funding Detail

Funding for this line item is primarily State General Fund. It is one of the few line items authorized to end with a negative balance. It is anticipated that a Supplemental Appropriation will be requested when the programs is running a deficit.