Agency: Courts

Line Item: Administration

Function

The main Courts line item is Administration. It includes the Utah court system and related support 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

Under section 63J-1-603 of the Utah Code, the Legislature intends that $1,750,000 in appropriations provided for Administration in Item 19 of Chapter 396 Law of Utah 2009 not lapse at the close of Fiscal Year 2010. The use of any non-lapsing funds is limited to the following: Personnel Expenses e.g. temporary clerks to process increased caseloads, Grant Matching Requirements, Information Technology and Equipment Expenses.

The Legislature intends to set the District Court Judge Salary at $132,150 for FY 2011.

Funding Detail

The table below details the funding and lists the programs in the Administration line item. Though there are numerous funding sources listed, 84 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 and the following sections of the Utah Code:

• UCA 67-8 (1 through 6) defines judicial salaries and compensation.
• UCA 78A-2-104 et seq. outlines the make-up and jurisdiction of the Supreme Court.

  Performance

  The Supreme Court is guided by various performance measures. One primary metric used to measure performance is the clearance rate - the number of cases processed versus the number of new cases that are submitted to the Court. Below is the clearance rate reported quarterly which shows a rate above 100%. This rate has fallen below 100% once since FY 2007.

  

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$2,281,600	$2,423,800	$2,545,100	$2,599,600	$2,639,700
  General Fund, One-time	($4,800)	$0	$0	($18,400)	$0
  Closing Nonlapsing	($37,600)	($28,900)	($32,500)	($135,500)	$0
  Total	$2,239,200	$2,394,900	$2,512,600	$2,445,700	$2,639,700
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$2,155,100	$2,311,100	$2,438,000	$2,383,500	$2,554,400
  In-state Travel	$200	$600	$300	$100	$900
  Out-of-state Travel	$2,100	$3,600	$4,200	$900	$2,500
  Current Expense	$68,800	$71,900	$67,700	$58,700	$81,900
  DP Current Expense	$13,000	$7,700	$2,400	$2,500	$0
  Total	$2,239,200	$2,394,900	$2,512,600	$2,445,700	$2,639,700
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	27.0	27.0	27.0	27.0	26.6

  Subcommittee Table of Contents

  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 312). The authorizing code is under the section for the State Department of Community and Economic Development's State Library.

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$563,000	$642,800	$596,100	$671,700	$671,300
  General Fund, One-time	($800)	$0	$0	($2,600)	$0
  Dedicated Credits Revenue	$119,700	$120,300	$122,100	$143,800	$103,300
  Beginning Nonlapsing	$114,700	$130,200	$58,200	$0	$0
  Closing Nonlapsing	($161,400)	($120,700)	($4,500)	($141,700)	$0
  Total	$635,200	$772,600	$771,900	$671,200	$774,600
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$232,100	$307,200	$314,000	$354,300	$366,300
  In-state Travel	$0	$0	$600	$400	$100
  Out-of-state Travel	$0	$1,500	$1,200	$0	$0
  Current Expense	$402,800	$457,600	$455,000	$316,000	$408,200
  DP Current Expense	$300	$6,300	$1,100	$500	$0
  Total	$635,200	$772,600	$771,900	$671,200	$774,600
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	4.0	4.0	5.0	5.0	4.9

  Subcommittee Table of Contents

  Program: Court of Appeals

  Function

  The jurisdiction of the Court of Appeals is complementary to 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.

  Background

  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 78A-1-101 establishes the Court of Appeals.

  • UCA 78A-4-102 establishes the judges, their terms of office, their functions and the filing fees.
  • UCA 78A-4-103 outlines the court's jurisdiction.
  • UCA 78A-4-106 creates an appellate mediation office, protects records and grants the office immunity.
  • Additional responsibilities are outlined in the remaining sections of 78A-4.

  Performance

  The clearance rate for cases processed versus those submitted to the Court of Appeals is depicted below. Currently, more cases are being submitted to this court than are being processed. This lower clearance rate is due in part to a recent vacancy in the Court of Appeals that is in the process of being filled.

  

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$3,174,800	$3,356,000	$3,338,300	$3,706,900	$3,762,300
  General Fund, One-time	($6,900)	$0	$0	($26,100)	$0
  Closing Nonlapsing	($74,800)	($51,300)	($81,300)	($529,100)	$0
  Total	$3,093,100	$3,304,700	$3,257,000	$3,151,700	$3,762,300
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$2,982,400	$3,193,600	$3,166,000	$3,057,100	$3,645,600
  In-state Travel	$1,400	$600	$500	$1,200	$3,700
  Out-of-state Travel	$2,300	$3,000	$2,900	$1,000	$5,400
  Current Expense	$94,000	$102,600	$82,400	$85,600	$107,600
  DP Current Expense	$13,000	$4,900	$5,200	$6,800	$0
  Total	$3,093,100	$3,304,700	$3,257,000	$3,151,700	$3,762,300
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	36.0	36.0	36.0	36.0	35.3

  Subcommittee Table of Contents

  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 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 pre-trial 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 78A-5.

  • UCA 78A-5-101 explains the district court administrative system.
  • UCA 78A-5-102UCA 78A-5-102 outlines the district court jurisdiction.
  • UCA 78A-5-109 requires funding of the district judicial system by the Legislature.
  • UCA 78A-5-111 details the responsibilities of transferring judicial responsibilities between the county and the state.
  • UCA 78A-5-108 describes the duties of the clerk of the district court.
  • UCA 78A-5-107 outlines the qualifications, functions and duties of the court commissioner.

  Performance

  The District Courts have several performance metrics that it employs to measure performance. Measures include clearance rates, time to case disposition, and age of active pending cases.

  One primary measure of performance for the State District Courts is the clearance rate. This metric measures the rate at which the Courts dispose of a case versus the number of cases that are filed. A clearance rate greater than 100% translates into a reduction in the Courts' case pending counts. A rate below 100% means that fewer cases are being closed than are being opened.

  Below is the clearance rate history for the State District Courts. For the first time since FY 2002 the clearance rate is below 100%. Reasons for the decrease may include fewer resources to process cases, a significant increase in the number of cases filed, or an increase in the number of more time-consuming cases, etc.

  

  Time to disposition is the the time taken to complete or dispose of court cases. Included below are FY 2010 measurements. Compared to previous years, these measurements show an increase in the amount of time it takes for a case to be completed or disposed of.

  

  The measurement of the age of active pending cases counts the number of pending court cases and the length of time they have been pending. As indicated below the length of time for a tort case will typically take longer to process than other case types. This is typical especially with the significant increase in the number of case filings for the Courts in recent years. Processing other types of cases such as criminal cases take priority.

  

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$36,788,500	$39,196,400	$31,974,200	$39,573,300	$37,136,300
  General Fund, One-time	($69,600)	$379,400	$6,200,100	($2,311,700)	$38,500
  Dedicated Credits Revenue	$13,100	$43,800	$665,700	$536,800	$612,200
  GFR - Alternative Dispute Resolution	$11,200	$19,900	$19,900	$292,400	$119,900
  GFR - Children's Legal Defense	$222,900	$229,800	$361,400	$561,500	$361,500
  GFR - Court Reporter Technology	$0	$0	$250,000	$250,000	$250,000
  GFR - Court Trust Interest	$0	$0	$525,000	$525,000	$525,000
  GFR - Justice Court Tech, Sec,& Training	$0	$0	$0	$0	$102,700
  GFR - Non-Judicial Assessment	$0	$0	$0	$0	($1,000)
  GFR - State Court Complex	$0	$0	$300,000	$300,000	$300,000
  GFR - Substance Abuse Prevention	$0	$0	$7,700	$13,800	$26,900
  GFR - Tobacco Settlement	$0	$0	$0	$83,300	$83,300
  GFR - Transcriptions	$249,400	$250,000	$0	$0	$0
  Transfers	$0	$0	$152,000	$0	$0
  Transfers - Human Services	$104,900	$89,100	$0	$0	$0
  Transfers - Other Agencies	$466,000	$506,900	$0	$181,200	$132,000
  Beginning Nonlapsing	$91,200	$764,400	$367,400	$0	$0
  Closing Nonlapsing	$1,734,400	($367,900)	($315,200)	($401,000)	$0
  Lapsing Balance	($97,900)	($161,700)	($153,400)	($245,000)	$0
  Total	$39,514,100	$40,950,100	$40,354,800	$39,359,600	$39,687,300
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$34,583,700	$37,728,100	$38,016,100	$37,026,900	$36,309,500
  In-state Travel	$148,400	$152,300	$118,000	$73,900	$154,000
  Out-of-state Travel	$8,700	$20,900	$18,300	$5,100	$8,500
  Current Expense	$3,357,300	$2,524,700	$2,159,800	$2,166,500	$3,179,600
  DP Current Expense	$103,800	$101,100	$42,600	$83,700	$9,200
  DP Capital Outlay	$0	$0	$0	$0	$26,500
  Capital Outlay	$777,200	$5,400	$0	$3,100	$0
  Other Charges/Pass Thru	$535,000	$417,600	$0	$400	$0
  Total	$39,514,100	$40,950,100	$40,354,800	$39,359,600	$39,687,300
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	540.0	551.0	500.0	512.9	406.7
  Vehicles	45	45	45	42	45

  Subcommittee Table of Contents

  Program: Juvenile Courts

  Function

  The Juvenile Court has jurisdiction over youth, less than 18 years of age, who 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.

  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.

  Background

  Judicial Districts Beginning in FY 2011 juvenile court judges will number 29 and there will be 1.5 commissioners in the state's eight judicial districts.

  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.

  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-6-210 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.

  Performance

  According to the Courts, a key indicator of juvenile delinquency is the per capita rate of delinquency referrals. This metric analyzes the number of delinquency referrals for youth 10 to 17 years of age per 1,000 members of the Utah population 10 to 17 years of age.

  The Courts report that the overall rate of delinquency referrals fell from 125.6 referrals per 1,000 youth in 2007, to 121.6 referrals per 1,000 youth in 2008. Felony offense rates, misdemeanor offense rates, status offense rates, and traffic offense rates also declined between 2007 and 2008. The rate of contempt referrals increased slightly from 16.4 referrals per 1,000 youth, to 16.9 referrals per 1,000 youth between 2007 and 2008. Infraction referral rates remained relatively static with 5.6 infraction referrals per 1,000 youth in 2007, and 5.7 infraction referrals per 1,000 youth in 2008.

  

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$29,689,900	$32,043,100	$31,913,800	$31,160,900	$32,946,300
  General Fund, One-time	($75,500)	$0	$0	($204,500)	$0
  Federal Funds	$0	$0	$0	$40,700	$40,700
  Dedicated Credits Revenue	$591,400	$633,900	$1,000,700	$1,092,000	$1,026,400
  GFR - Alternative Dispute Resolution	$150,800	$290,800	$297,600	$297,600	$295,400
  GFR - Court Trust Interest	$0	$0	$0	$0	$20,000
  GFR - DNA Specimen	$233,400	$244,200	$252,800	$252,800	$250,300
  GFR - Non-Judicial Assessment	$684,400	$721,700	$1,445,300	$1,154,100	$937,200
  GFR - Substance Abuse Prevention	$441,600	$447,700	$494,700	$488,600	$486,600
  GFR - Tobacco Settlement	$193,700	$193,700	$193,700	$269,500	$269,500
  Transfers	$0	$0	$0	$830,800	$0
  Beginning Nonlapsing	$165,000	$217,500	$279,900	$0	$0
  Closing Nonlapsing	($1,197,400)	($767,400)	($339,700)	($276,200)	$0
  Lapsing Balance	($178,500)	($189,900)	($751,400)	($322,400)	$0
  Total	$30,698,800	$33,835,300	$34,787,400	$34,783,900	$36,272,400
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$27,809,300	$30,480,200	$31,727,800	$32,729,400	$33,098,800
  In-state Travel	$78,500	$85,800	$45,500	$34,700	$78,100
  Out-of-state Travel	$8,700	$16,600	$5,500	$500	$4,800
  Current Expense	$2,731,100	$3,188,200	$2,968,400	$1,968,400	$3,090,700
  DP Current Expense	$71,200	$41,700	$40,100	$41,400	$0
  Capital Outlay	$0	$22,800	$0	$9,500	$0
  Other Charges/Pass Thru	$0	$0	$100	$0	$0
  Total	$30,698,800	$33,835,300	$34,787,400	$34,783,900	$36,272,400
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	478.0	474.0	481.0	461.7	452.4
  Vehicles	99	100	93	89	93

  Subcommittee Table of Contents

  Program: Justice Courts

  Function

  With oversight from the State Courts, local Justice Courts share 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.

  Background

  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 receive 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.

  Statutory Authority

  Justice Courts are specifically provided for in Article VIII of the Utah Constitution and in UCA 78A-7 including the jurisdiction of judges, judge qualifications, and terms of office.

  Performance

  Below is is the aggregate clearance rate for local justice courts. Currently, the clearance rate for all categories of cases processed in the justice courts is above 100% for the past four quarters. This is an improvement from recent years which show clearance rates below 100% prior to FY 2010.

  

  Funding Detail

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

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$143,100	$175,200	$238,900	$240,800	$239,900
  General Fund, One-time	($1,900)	$0	$0	($1,600)	$0
  GFR - Justice Court Tech, Sec,& Training	$899,300	$899,400	$999,300	$1,299,300	$1,002,100
  Closing Nonlapsing	$1,800	$148,800	($75,200)	($375,600)	$0
  Lapsing Balance	($220,300)	($68,500)	$0	$0	$0
  Total	$822,000	$1,154,900	$1,163,000	$1,162,900	$1,242,000
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$284,400	$403,600	$730,300	$765,400	$806,700
  In-state Travel	$31,800	$27,800	$26,000	$28,200	$10,000
  Out-of-state Travel	$24,400	$30,700	$18,700	$15,900	$0
  Current Expense	$128,500	$134,600	$115,300	$69,700	$425,300
  DP Current Expense	$145,100	$399,500	$272,700	$248,500	$0
  DP Capital Outlay	$25,700	$0	$0	$35,200	$0
  Other Charges/Pass Thru	$182,100	$158,700	$0	$0	$0
  Total	$822,000	$1,154,900	$1,163,000	$1,162,900	$1,242,000
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	3.0	3.0	7.0	13.0	12.7

  Subcommittee Table of Contents

  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. In the 2009 General Session, the Legislature included perimeter security in this account paid out of restricted funds.

  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 security fee to fund bailiff services in the District Court. During the 2004 General Session additional funding was provided to fund the Juvenile Court.

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$0	$0	$0	$700	$700
  General Fund, One-time	$0	$0	$0	($700)	$0
  GFR - Court Security Account	$4,170,000	$4,756,400	$5,106,400	$7,556,400	$7,556,400
  Closing Nonlapsing	$0	$900	$537,600	$0	$0
  Lapsing Balance	($522,800)	($761,700)	($548,600)	($485,100)	$0
  Total	$3,647,200	$3,995,600	$5,095,400	$7,071,300	$7,557,100
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$1,500	$86,800	$495,200	$94,100	$95,600
  In-state Travel	$0	$300	$100	$300	$0
  Current Expense	$3,645,700	$3,908,500	$4,600,000	$6,976,900	$7,461,500
  Capital Outlay	$0	$0	$100	$0	$0
  Total	$3,647,200	$3,995,600	$5,095,400	$7,071,300	$7,557,100
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	0.0	1.0	1.0	1.0	1.0

  Subcommittee Table of Contents

  Program: Administrative Office

  Function

  The Administrative Office of the Courts (AOC) provides all support functions to the judicial branch under policy direction from the 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 1,050 staff. The AOC is responsible for 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.

  Funding Detail

  The table below details the funding and lists the programs in the Administration line item. Though there are numerous funding sources listed, 85 percent of the budget is from the General Fund.

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$4,422,800	$3,926,300	$5,240,800	$2,924,200	$3,291,400
  General Fund, One-time	($9,600)	$0	($980,900)	$406,400	$0
  Dedicated Credits Revenue	$105,700	$126,700	($839,300)	$1,332,600	$114,800
  GFR - Court Trust Interest	$250,000	$250,000	$250,000	$250,000	$250,000
  Transfers - Other Agencies	$0	$0	$0	($2,400,000)	$0
  Transfers - Public Safety	$0	$28,000	$0	$0	$0
  Beginning Nonlapsing	$673,900	$155,000	$962,000	$1,320,200	$0
  Closing Nonlapsing	($1,703,900)	($136,400)	($914,600)	$18,200	$0
  Lapsing Balance	$0	$0	$0	($1,996,000)	$0
  Total	$3,738,900	$4,349,600	$3,718,000	$1,855,600	$3,656,200
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$2,656,900	$2,997,700	$2,966,300	$2,547,100	$2,927,700
  In-state Travel	$36,900	$48,200	$48,400	$30,100	$46,000
  Out-of-state Travel	$28,400	$42,600	$34,900	$13,600	$30,000
  Current Expense	$894,700	$1,043,400	$458,900	($936,000)	$492,000
  DP Current Expense	$20,400	$17,700	$9,500	$5,700	($39,000)
  DP Capital Outlay	$0	$0	$0	$0	$4,500
  Capital Outlay	$1,600	$0	$0	$0	$0
  Other Charges/Pass Thru	$100,000	$200,000	$200,000	$195,100	$195,000
  Total	$3,738,900	$4,349,600	$3,718,000	$1,855,600	$3,656,200
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	37.0	38.0	38.0	31.7	31.1
  Vehicles	7	7	8	8	8

  Subcommittee Table of Contents

  Program: Judicial Education

  Function

  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.

  Background

  Judicial Council Rule 3-403 requires that judges and commissioners receive 30 hours of in-service educational training and other staff members receive 20 hours of training annually. Education staff coordinates education programs for more than 1,050 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.

  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.
  • Required annual training is specified in UCA 78A-7-205.

  Funding Detail

  Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  General Fund	$655,900	$710,100	$629,900	$641,500	$641,200
  General Fund, One-time	($600)	$0	$0	($2,200)	$0
  Beginning Nonlapsing	$12,000	($56,200)	$41,000	$9,000	$0
  Closing Nonlapsing	$10,600	$0	$7,100	($167,200)	$0
  Total	$677,900	$653,900	$678,000	$481,100	$641,200
  Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Personnel Services	$281,100	$302,400	$337,600	$323,300	$305,000
  In-state Travel	$33,800	$53,400	$21,900	$29,800	$13,300
  Out-of-state Travel	$63,900	$42,100	$39,300	$4,700	$90,000
  Current Expense	$287,000	$242,400	$272,500	$118,300	$232,900
  DP Current Expense	$12,100	$3,600	$6,700	$5,000	$0
  Other Charges/Pass Thru	$0	$10,000	$0	$0	$0
  Total	$677,900	$653,900	$678,000	$481,100	$641,200
  Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
  Budgeted FTE	4.0	4.0	5.0	6.0	5.9

  Subcommittee Table of Contents

  Program: Data Processing

  Function

  Three 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.

  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. Newly developed data processing systems have allowed for statewide online transactions such as online payments, case filings and others.

  Statutory Authority

  Authority comes from the following sections:

  • 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.

    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

    Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    General Fund	$5,121,800	$6,398,500	$3,886,400	$4,524,000	$4,522,000
    General Fund, One-time	$53,800	$354,000	$0	($24,200)	$4,000
    Dedicated Credits Revenue	$389,500	$393,700	$737,500	$496,500	$697,600
    GFR - Justice Court Tech, Sec,& Training	$0	$0	$300,000	$0	$900
    GFR - Online Court Assistance	$75,000	$74,400	$75,000	$251,000	$201,000
    Transfers - Commission on Criminal and Juvenile Justice	$15,000	$1,200	$0	$0	$0
    Transfers - Other Agencies	$174,000	$151,400	$0	$172,600	$147,000
    Transfers - Youth Corrections	$0	$0	$147,900	$0	$0
    Closing Nonlapsing	$147,800	($328,700)	($111,000)	$0	$0
    Lapsing Balance	($39,500)	($19,100)	($29,200)	($119,000)	$0
    Total	$5,937,400	$7,025,400	$5,006,600	$5,300,900	$5,572,500
    Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    Personnel Services	$2,850,000	$3,419,500	$3,555,800	$3,534,500	$3,907,400
    In-state Travel	$6,000	$6,200	$3,100	$18,400	$33,000
    Out-of-state Travel	$11,400	$13,100	$3,700	$2,300	$18,300
    Current Expense	$675,000	$781,300	$611,600	$528,400	$467,400
    DP Current Expense	$2,020,700	$1,948,600	$801,900	$866,100	$878,200
    DP Capital Outlay	$91,000	$729,800	$30,500	$351,200	$268,200
    Capital Outlay	$283,300	$126,900	$0	$0	$0
    Total	$5,937,400	$7,025,400	$5,006,600	$5,300,900	$5,572,500
    Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    Budgeted FTE	38.0	38.0	38.0	39.0	38.2
    Vehicles	1	1	1	1	1

    Subcommittee Table of Contents

    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.

    Funding Detail

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

    Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    General Fund	$700	$0	$0	$0	$0
    General Fund, One-time	($700)	$0	$0	$0	$0
    Federal Funds	$226,500	$273,400	$624,900	$449,500	$187,200
    Dedicated Credits Revenue	$70,400	$51,500	$55,000	$55,000	$100
    Transfers - Commission on Criminal and Juvenile Justice	$550,000	$550,700	$554,700	$903,500	$578,500
    Beginning Nonlapsing	$0	$46,000	$0	$0	$0
    Closing Nonlapsing	($32,000)	($900)	$0	$0	$0
    Total	$814,900	$920,700	$1,234,600	$1,408,000	$765,800
    Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    Personnel Services	$508,000	$396,000	$421,100	$707,500	$333,600
    In-state Travel	$16,800	$11,400	$16,200	$9,500	$0
    Out-of-state Travel	$46,900	$57,100	$55,300	$48,900	$0
    Current Expense	$235,200	$386,300	$334,400	$264,800	$432,200
    DP Current Expense	$8,000	$69,000	$407,200	$353,500	$0
    DP Capital Outlay	$0	$0	$0	$23,500	$0
    Capital Outlay	$0	$900	$0	$0	$0
    Other Charges/Pass Thru	$0	$0	$400	$300	$0
    Total	$814,900	$920,700	$1,234,600	$1,408,000	$765,800
    Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
    Budgeted FTE	4.0	10.0	9.0	7.5	7.4

    Subcommittee Table of Contents