H.B. 43

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COUNTY AND MUNICIPALITY JUDGESHIPS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Wayne A. Harper
5 AN ACT RELATING TO THE JUDICIAL CODE; PERMITTING MUNICIPAL AS WELL AS
6 COUNTY JUSTICE COURTS TO APPOINT MORE THAN ONE JUDGE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 78-5-102, as last amended by Chapters 6 and 227, Laws of Utah 1993
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 78-5-102 is amended to read:
12 78-5-102. Offices of justice court judges.
13 (1) Justice court judges holding office in:
14 (a) county precincts are county justice court judges; and
15 (b) cities or towns are municipal justice court judges.
16 (2) With the concurrence of the governing bodies of both the county and municipality, a
17 justice court judge may hold both the offices of county and municipal justice court judge.
18 (3) The county legislative body may establish a single precinct or divide the county into
19 multiple precincts to create county justice courts for public convenience.
20 (4) (a) The [county] governing body may assign as many justice court judges to a
21 [precinct] court as required for efficient judicial administration.
22 (b) If more than one judge is assigned to a [precinct] court, any citations, informations, or
23 complaints within that [precinct] court shall be assigned to the judges at random.
24 (5) A municipality or county may contract with any other municipality or municipalities
25 within the county under Title 11, Chapter 13, Interlocal Cooperation Act, to establish a justice
26 court. A justice court established under Title 11, Chapter 13, shall meet the requirements for
27 certification under Section 78-5-139. A justice court established under Title 11, Chapter 13, shall

1 have territorial jurisdiction as if established separately.
2 (6) Counties have the same rights and restraints as provided for municipalities with respect
3 to assuming responsibility for the jurisdiction of justice courts provided in Section 10-3-923.




Legislative Review Note
as of 12-19-96 9:28 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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