Agency: Courts

Line Item: Administration

Function

The main line item is Administration. It includes the Utah court system and related supportive services. The Utah court system consists of Appellate Courts, Trial Courts, and Justice Courts—funded and operated by local government—functioning under standards established by the Judicial Council. The Judicial Council, through the Administrative Office of the Courts, provides the administrative support for the judicial branch.

Intent Language

If funding is provided in the 2008 General Session, the Legislature intends that a Commissioner position be created in the 4th Judicial District.

The Legislature intends that the Courts may expend part of the Administration line-item base budget appropriation of $100,202,300 to enter into a lease-purchase agreement for data processing hardware.

Under provisions of Section 67-8-2, Utah Code Annotated, salaries equal to $129,650 per year are approved for District Court Judges for the fiscal year beginning July 1, 2008 and ending June 30, 2009. Other judicial salaries shall be calculated in accordance with the formula set forth in Section 67-8-2 and rounded to the nearest $50.

Under provisions of Section 67-8-2, Utah Code Annotated, District Court Judge salaries set in Item 13 of this act are hereby adjusted upward by $2,500 from $129,650 per year to $132,150 for the fiscal year beginning July 1, 2008 and ending June 30, 2009. Other judicial salaries shall be calculated in accordance with the formula set forth in Section 67-8-2 and rounded to the nearest $50.

Funding Detail

The table below details the funding and lists the programs in the Administration line item. Though there are numerous funding sources listed, 87 percent of the budget is from the General Fund.

Program: Supreme Court

Function

The Utah Supreme Court is the highest state court and, as such, the court of last appeal in Utah. The Supreme Court is located in the Scott M. Matheson Courthouse. The Court hears appeals from capital and first degree felony cases and all District Court civil cases except for cases regarding domestic relations. The Supreme Court has jurisdiction over judgments of the Court of Appeals by writ of certiorari, constitutional and election questions, proceedings of the Judicial Conduct Commission, and lawyer discipline.

Five justices sit on the Supreme Court for ten-year renewable terms. The justices elect a chief justice by majority vote to serve for four years, and an associate chief justice to serve for two years.

The Supreme Court has original jurisdiction to answer questions of state law certified from Federal Courts and to issue extraordinary writs. The Supreme Court reviews formal administrative proceedings of the Public Service Commission, Tax Commission, School and Institutional Trust Lands Board of Trustees, Board of Oil, Gas, and Mining, and the State Engineer.

The court adopts rules of civil and criminal procedure and rules of evidence used in state courts. The Supreme Court manages the appellate process and governs the practice of law, including admissions to practice law.

Justices are assisted by law clerks, staff attorneys, a clerk of the court, and a staff of legal secretaries and deputy court clerks. Staff attorneys screen the cases and the Appellate Court Administrator is responsible for the court operations.

Statutory Authority

The Utah Supreme Court is established by the Utah State Constitution Article VIII, Sections 1 through 4.

• UCA 67-8-1 thru 6 defines judicial salaries and compensation.
• UCA 78-2-1 et seq. outlines the make-up and jurisdiction of the Supreme Court.

Funding Detail

Program: Law Library

Function

The State Law Library was created to serve the courts, the executive agencies, the Legislature, and the public. The Library is located in the Scott M. Matheson Courthouse and is open to the public. Legislative General Counsel, the Attorney General, and the Supreme Court Chief Justice serve as the Board of Control for the Library.

Statutory Authority

The State Law Library is a statutorily created entity under UCA 9-7-301 through UCA 9-7-312. The authorizing code is under the section for the State Department of Community and Economic Development's State Library.

Funding Detail

Program: Court of Appeals

Function

The jurisdiction of the Court of Appeals is complementary to that of the Utah Supreme Court, and is also located in the Scott M. Matheson Courthouse. The Court of Appeals hears all appeals from the Juvenile Court as well as appeals from the District Court involving domestic relations cases, divorce, annulment, property division, child custody, support, visitation, adoption, paternity, and criminal matters of less than a first degree. The court reviews appeals of formal administrative proceedings by state agencies, with a few exceptions. The Court of Appeals also has jurisdiction to hear cases transferred to it by the Supreme Court.

The Utah Court of Appeals was created in 1987. It consists of seven judges who serve six-year, renewable terms. A presiding judge is elected by a majority vote of the Appellate judges to serve for two years. The judges are assisted by the clerk of the court, central staff attorneys, law clerks, legal secretaries, and deputy court clerks.

Statutory Authority

UCA 78-2a-1 through 6 establish the Court of Appeals.

• UCA 78-2a-2 establishes the judges, their terms of office, their functions and the filing fees.
• UCA 78-2a-3 outlines the court's jurisdiction.
• UCA 78-2a-6 creates an appellate mediation office, protects records and grants the office immunity.

Funding Detail

Program: District Courts

Function

The District Court has original jurisdiction to hear civil cases, criminal felonies, and Class A misdemeanors. Civil cases include, but are not limited to, contracts, torts, and property cases. Criminal cases heard in the district court include offenses such as homicides, assaults, drug and sex offenses, forgery, arson, robbery, and driving under the influence. The district court may also hear class B and C misdemeanors when a city justice court is unavailable. District Courts hear domestic relations cases, such as divorces, child custody, child support, adoptions, and probate. District judges have the power to issue warrants, subpoenas, and ex parte protective orders. In addition, the court serves as an appellate court to review informal adjudicative proceedings from administrative agencies and de novo review of justice court appeals.

Judicial Support Each district judge has a deputy court clerk to assist the judge in scheduling hearings and pre trial conferences and handle to the day to day business of the district court. Judges have a bailiff available during any court proceeding where it is deemed necessary by the judge. Either a court reporter or an electronic recording device is provided to maintain a record of all court proceedings. In the more populous districts, domestic court commissioners assist district judges by conducting pretrial domestic hearings, pursuing settlements, entering temporary orders and making final recommendations to the judges in domestic relations cases. If a party disagrees with a court commissioner's recommendation, a hearing may be requested before a judge. In some districts, court referees are available to assist in the resolution of traffic cases.

Small Claims The District Courts have a small claims department, which covers disputes under $7,500. A district judge may hear small claims cases, but typically a judge pro tempore hears such cases. In areas where a judge pro tempore has not been assigned, the district judge may transfer a small claims case to a justice court. Any individual or business may use small claims court.

Statutory Authority

The District Courts is governed by UCA 78-3-et al.

• UCA 78-3-3 explains the terms of office for a district judge.
• UCA 78-3-4 outlines the district court jurisdiction.
• UCA 78-3-12.5 requires funding of the district judicial system by the Legislature.
• UCA 78-3-13 details the responsibilities of transferring judicial responsibilities between the county and the state.
• UCA 78-3-30 describes the duties of the clerk of the district court.
• UCA 78-3-31 outlines the qualifications, functions and duties of the court commissioner.

Special Funds

Several General Fund Restricted account augment the District Court budget. The funds come primarily from fees collected in the routine service and operation of the courts. The Children's Legal Defense Fund is shared with the Guardian ad Litem. The table below details each of these restricted funds and the corresponding ending balance.

Funding Detail

Program: Juvenile Courts

Function

Interstate Compact As a member of the Interstate Compact on Juveniles, the court accepts supervision of juveniles who move to Utah from other states (who were under court supervision before moving). In turn, the court often requests other states to supervise juveniles who move while still under court supervision in Utah.

The Juvenile Court has jurisdiction over youth, less than 18 years of age, that violate federal, state, or municipal law. The Juvenile Courts also have responsibility for any child who is abused, neglected, or dependent. The court has the power to determine child custody, support, and visitation. It can permanently terminate parental rights, and authorize or require treatment for children with psychological or developmental problems.

The court can place children in probation supervision, custody, foster homes, group homes, special treatment centers, or secure institutions. The Office of Guardian ad Litem appears in Juvenile Court on cases involving abuse, neglect, or dependency. Juvenile Courts can require juveniles to pay fines, and make restitution for damage and loss resulting from delinquent acts. The court has jurisdiction over habitual truants, runaways, and ungovernable youth—if efforts by other social service agencies are not successful.

In addition, the court has exclusive jurisdiction in traffic offenses involving minors related to automobile homicide, driving under the influence of alcohol or drugs, reckless driving, joy riding, or fleeing a police officer. Juvenile Court has concurrent jurisdiction with the District and Justice Courts over adults contributing to the delinquency and neglect of a minor and lesser traffic matters.

Judicial Districts Utah is served by 28 juvenile court judges and one and a half commissioners in the state's eight judicial districts.

The Juvenile Court, unlike other state courts of record, administers a probation department. Probation officers prepare dispositional reports, supervise youth who have been placed on probation by the court, conduct evaluations, and submit reports on the progress of each juvenile. A clerical division prepares the legal documents and maintains the official court record.

Statutory Authority

The entire chapter of Utah Code 78A-6 outlines the jurisdiction, responsibilities and procedures for the Juvenile Court.

• UCA 78A-6-102 establishes the juvenile court organization and outlines its purpose.
• UCA 78A-6-104 defines jurisdictional boundaries between juvenile courts and district courts.
• UCA 78A-6-104 creates the Board of Juvenile Court Judges and defines its purpose.
• UCA 78A-6-203 establishes the General Fund Restricted Account— Nonjudicial Adjustment Fund and details its purpose and operations.
• UCA 78A-6-302 authorizes protective custody guidelines.
• UCA 78A-6-304 describes conditions for a mandatory petition for termination of parental rights.
• UCA 78A-6-702 outlines procedures to address the serious youth offender.

Special Funds

Juvenile Courts receive fine, penalty and programmatic revenue from several sources. The following table specifies the amounts in each fund.

Funding Detail

Program: Justice Courts

Function

Justice Courts are established by counties and municipalities and have the authority to deal with class B and C misdemeanors, violations of ordinances, small claims, and infractions committed within their territorial jurisdiction. Justice Courts hear the vast majority of cases in Utah, and fulfill the constitutional obligation of a court not of record. Justice Court territorial jurisdiction is determined by the boundaries of local government entities such as cities or counties, which hire the judges.

Justice Court judges are nominated by local nominating commissions, and selected by the local government entity. They serve six-year terms of office, and stand for retention elections. Judges in large jurisdictions may hear cases daily while others hold court once a month. Justice Court judges need not be attorneys, although they receive extensive and continuing legal training. All Justice Court judges must attend 30 hours of continuing judicial education each year to remain certified. There are 109 Justice Court judges serving in counties and cities throughout the state.

The Justice Court shares jurisdiction with the Juvenile Court in cases involving 16 and 17 year old minors who are charged with certain traffic offenses. The Juvenile Court handles automobile homicide, alcohol or drug related traffic offenses, reckless driving, fleeing an officer, and driving on a suspended license.

When requested, four-member juries hear cases in the Justice Courts. City attorneys prosecute cases involving municipal ordinance violations and state law in municipal courts; county attorneys prosecute cases involving violations of county ordinances and state law in the county courts. Litigants and defendants often act without an attorney (pro se) in Justice Courts.

Any person not satisfied with a judgment rendered in a Justice Court is entitled to a trial de novo (new trial) in the District Court. Any Justice Court judge may be appointed by the presiding District Court judge to conduct preliminary examinations and arraignments for felony cases under some circumstances. Justice Courts also have a Small Claims Department, which has jurisdiction over claims under $7,500.

Statutory Authority

Justice Courts are specifically provided for in Article VIII of the Utah Constitution.

Special Funds

The Justice Court Technology, Security, and Training Account was a new source of revenue for Justice Courts starting in FY 2005.

Funding Detail

Funding support for the Justice Courts is primarily for training of judges and reporting of case adjudication.

Program: Courts Security

Function

The safety of court patrons, plaintiffs, defendants, witnesses, attorneys, jurors, the press, judges and court staff, is essential for the administration of justice in a society dedicated to the rule of law. The Court Security program pays the expenses for bailiffs and other security personnel in the court room. This program does not fund the perimeter security which is provided through contract with General Funds.

Statutory Authority

State statutes UCA 17-22-2, 17-22-27, 53-8-105 and Code of Judicial Administration Rule 3-414 address the requirements for court security.

Special Funds

The Court Security Account provides the sole source of state funding for in-court security.

Funding Detail

Prior to FY 2004, bailiff services were funded with a General Fund appropriation. Legislation passed in the 2003 General Session instituted a new security fee to fund bailiff services in the District Court. During the 2004 General Session additional funding was provided to fund the Juvenile Court.

Program: Administrative Office

Function

The Administrative Office of the Courts (AOC) provides all support functions to the judicial branch under policy direction from the constitutionally-established Judicial Council. The AOC includes all the support functions required to operate a corporate entity with a budget of approximately $130 million. Under the Judicial Council's direction, the State Court Administrator manages and directs the work of approximately 1,100 staff. The AOC is responsible for efficient and effective operation of court administrative functions, service delivery, program management, judicial and staff education, automated systems, and appellate and trial court administration.

Statutory Authority

The AOC has broad statutory authority, powers, duties and responsibilities to support and administer the activity of the judicial branch as found in Title 77A of the Utah Code.

• UCA 78A-2-105 creates the position of State Court Administrator.
• UCA 78A-2-107 assigns specific duties and responsibilities to the State Court Administrator.

Special Funds

Trust fund interest collected in the Trust Account Support restricted fund is used to offset related financial expenses.

Funding Detail

The table below details the funding and lists the programs in the Administration line item. Though there are numerous funding sources listed, 94 percent of the budget is from the General Fund.

Program: Judicial Education

Function

Judicial Council Rule 3-403 requires that judges and commissioners take 30 hours of in-service educational training and other staff members take 20 hours of training annually. Education staff coordinates education programs for more than 1,100 state court employees and over 110 judges. Education staff also provide education services to justice courts which employ more than 350 staff and over 125 judges.

Ultimately, the state court administrator is responsible for providing education and training opportunities to judicial branch personnel. Continuing education programs function under policy guidance from the Standing Committee on Judicial Branch Education.

The AOC, through the Utah Judicial Institute, provides classes, workshops and conferences for all judicial and non-judicial staff throughout the year so that staff may achieve the required hours of annual education. Specialized orientation programs are provided for court staff, probation officers, pro tem judges, and state and justice court judges. Over 100 classes are offered annually for court staff.

Conferences offering specialized training include the Annual Judicial Conference, Appellate, Juvenile, District, and Justice Court Conferences, Justice Court Clerks' Conferences, and the Annual Court Employees' Conference. Workshops include Legislative Updates for judges and court staff, probation officer safety training, Legal Institute for Justice Court Judges and ad hoc programs throughout the year. When available, funds are provided for judges to receive out-of-state training. The Utah Judicial Institute also provides training for Utah's certified court interpreters, and administers tests to certify court interpreters. Periodic training is also provided to Utah's Divorce Education providers, and pro tem small claims judges.

Statutory Authority

The authority for judicial education comes from the Utah Code and the Code of Judicial Administration.

• UCA 78A-2-111 authorizes an annual judicial conference.
• The Code of Judicial Administration Rule 3-403 establishes the responsibility to develop a comprehensive education program for all judges, commissioners and court staff.

Funding Detail

Program: Data Processing

Function

Three uniform, automated systems process cases and maintain all official records for Appellate Courts, District Courts, and Juvenile Courts. The information systems contain over seven million records. In the District Court alone, there are over 1,200 internal users and approximately 640 external entities depend on electronic access to District Court records.

Court information systems support an electronic data warehouse, courtroom audio, court video recording systems, Internet applications such as the Online Court Assistance Program for self-represented litigants, the court web page (http://www.utcourts.gov), records imaging, an interactive voice response system for self-service case status checks, and automated fine payment systems. A major update to the Juvenile Court information system is now operational. Electronic filing is also now available.

Statutory Authority

Technology enables courts to efficiently and effectively accomplish their objectives. Several statutes and judicial rules have been enacted requiring 'computerized databases' of information to be collected, organized and maintained.

• UCA 78A-2-110 authorizes the Judicial Council to maintain a computerized database containing information about all judicial boards.
• UCA 78A-2-501 establishes the online court assistance program.
• UCA 78-2-408 authorizes funds to be collected for court reporting and the upgrade of technology.
• Judicial Administration Rule 3-410 outlines the data processing policy of the judiciary

Special Funds

The Data Processing activities of the courts have two dedicated sources of revenue. The restricted funds available to data processing are not enough to self-fund the existing program. The Court Reporting Technology Account is not normally used in Data Processing—the fund is used for related court reporter expenses in the District Court.

Funding Detail

Program: Grants Program

Function

The Grants budget is designed to facilitate the coordination of grant-funded projects within the courts. These grants are related to specific programs within the courts or projects undertaken by the courts with federal assistance.

Statutory Authority

Utah Code of Judicial Administration Rule 3-411 establishes the Grants Program and outlines grant application and administration procedures.

Funding Detail

Funding for this program area is primarily 'other' sources of funding. Primarily, federal funds are transferred through the Commission for Criminal and Juvenile Justice.