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. In recent years, this line item has regularly run 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, and
• UCA 78B-1-151 authorizes payment of expert witnesses.

Intent Language

Under Section 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for Jury and Witness Fees in Item 25 of Chapter 11 Laws of Utah 2012 not lapse at the close of Fiscal Year 2013.

Issues/Analysis

In recent years, much of the increase in costs are due to the increase in interpreter costs which are not expected to decrease in the near future. The Legislature may want to consider additional controls such as statutory changes, intent language and/or periodic reporting should they choose that current controls are not sufficient.

Funding Detail

Funding for this line item is primarily the State General Fund. It is one of the few line items authorized to end with a negative balance.