COBI 2015 - Courts

Overview
Issues
Performance
Background
Financials

Sources Uses

FY 2016 Appropriation

The Utah State Courts constitute the judicial branch of government. Its mission is to provide the people of Utah with an open, fair, efficient, and independent system for the advancement of justice under the law. The Utah State Constitution establishes governance of the judicial branch and authorizes the Judicial Council to oversee this branch of government. The Judicial Council is made up of selected Supreme Court, Court of Appeals, Juvenile Courts, and District Court judges with the Supreme Court Chief Justice presiding.

Funding History

Funding Issues

2015 Juror Witness Interpreter Projected Shortfall

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

2016 JWI Projected Shortfall

Funding would allow for revenue to match projected costs and not have deficits as it has historically had.

Juror Witness Interpreter FY 2014 Shortfall

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

Related Publications

Summary of EOCJ November Meeting

Pew Final Key Findings

Summary of August 2014 EOCJ Subcommitte Meeting

Law Library Self-Help Center - How has it fared?

Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $151,433,400 from all sources for Courts. This is a 1.7 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $123,648,300 from the General/Education Funds, an increase of 4.7 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time 4th District Courthouse Expansion O&M$549,100 ($549,100)

OngoingOne-TimeFinancing Source

$549,100$0General Fund

$0 ($549,100)General Fund, One-time

This pays for future O&M on a non-state funded building authorized in S.B. 9.

Child and Family Amendments$9,000$0

OngoingOne-TimeFinancing Source

$9,000$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Assuming about 5 cases annually, enactment of this bill could create total ongoing costs of $25,000 from the General Fund for the following agencies beginning in FY 2016: 1. Courts - $5,300 - for processing hearings, 2. Attorney General - $4,900 - for attorney representation, and 3. Guardian ad Litem (GAL) - $3,700 - for attorney representation, and 4. Division of Child and Family Services (DCFS) - $11,100 - for evaluations.

Child Welfare Mediation$86,000$0

OngoingOne-TimeFinancing Source

$86,000$0GFR - Dispute Resolution

Enactment of this bill will reduce ongoing General Fund revenue by about $86,000 per year and increase revenue to the Dispute Resolution Account by about $86,000 per year ongoing beginning in FY 2016. Enactment of this legislation likely will not materially impact state expenditures.

Decrease Court Trust Interest Accnt. ($581,000)$0

OngoingOne-TimeFinancing Source

($581,000)$0GFR - Court Trust Interest

No Description

Domestic Violence Amendments$9,100$0

OngoingOne-TimeFinancing Source

$9,100$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Enactment of this bill may increase costs to Courts from the General Fund of $9,100 ongoing for additional hearings beginning in FY 2016.

Driving Under the Influence Sentencing Revisions$37,200$0

OngoingOne-TimeFinancing Source

$37,200$0General Fund

The bill's provisions could generate about $42,500 in ongoing fee revenue to the Transportation Fund - Public Safety Restricted Account beginning in FY 2017. Enactment of this bill could cost the Courts about $37,200 ongoing from the General Fund beginning in FY 2016 for additional workload.

Family Law Center$150,000$0

OngoingOne-TimeFinancing Source

$150,000$0General Fund

No Description

Family Law Matters$0$100,000

OngoingOne-TimeFinancing Source

$0$100,000General Fund, One-time

No Description

Judicial Compensation$500,000$0

OngoingOne-TimeFinancing Source

$500,000$0General Fund

No Description

Juror Witness Interpreter FY 2014 Shortfall$850,000$814,200

OngoingOne-TimeFinancing Source

$0$814,200General Fund, One-time

($1,664,200)$0Beginning Nonlapsing

$2,514,200$0Closing Nonlapsing

This would allow funding to cover the projected shortfall in the Juror Witness Interpreter program.

Jury Duty Amendments ($3,300)$0

OngoingOne-TimeFinancing Source

($3,300)$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Enacting this bill will save the Courts $3,300 per year from the General Fund beginning in FY 2016 for reduced postage costs.

Juvenile Offender Amendments$57,600$0

OngoingOne-TimeFinancing Source

$57,600$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Enactment of this bill could cost the Division of Juvenile Justice Services $853,200 ongoing from the General Fund for additional serious youth offender placements beginning in FY 2016 accompanied by an additional $3,700 in associated costs funded with federal funds. Enactment of the bill will also cost the Courts $57,600 ongoing General Fund for the appointment of counsel in all cases involving a class A misdemeanor or felony beginning in FY 2016. The Department of Human Services currently has sufficient capacity in its Juvenile Justice Services secure care facilities and associated staff to absorb $853,200 of the General Fund cost in FY 2016.

Parent and Child Amendments$41,000$0

OngoingOne-TimeFinancing Source

$41,000$0General Fund

Enactment of this legislation likely will not materially impact state revenue. Assuming about 60 shelter and other removal hearings cases, enactment of this bill could create total ongoing costs of about $52,900 from the General Fund for the following agencies beginning in FY 2016: 1. Courts - $32,000 - for processing hearings and judge time; 2. Attorney General - $11,900 - for attorney representation and research; and 3. Guardian ad Litem (GAL) - $9,000 - for attorney representation. Also, assuming about 15 cases of investigating cases of mental abuse, the Department of Human Services may have additional costs of about $1,500 annually for a total General Fund impact of $54,400.

Prescription Database Revisions$22,400$0

OngoingOne-TimeFinancing Source

$22,400$0General Fund

Enactment of this legislation could reduce year-end transfers to the General Fund by $17,200 ongoing beginning in FY 2016 and by $16,700 one-time in FY 2016. Enactment of this legislation could cost the Department of Commerce $17,200 ongoing from the Commerce Service Fund beginning in FY 2016 for staff time related to the execution of law enforcement warrants. Commerce could also experience one-time costs in FY 2016 of $16,700 from the Commerce Service Fund related to database enhancements and programming. Spending from the Commerce Service Fund impacts year-end transfers to the General Fund. Enactment of this legislation could also cost the courts $22,400 annually to process warrants.

Replace Existing Court Staff Funding w/ GF$581,000$0

OngoingOne-TimeFinancing Source

$581,000$0General Fund

Currently funding for approximately 5 existing staff positions at the Courts is funded through the Court Trust Interest Account. This fund has been depleted and is not collecting enough revenue to cover these personnel expenditures. This General Fund amount would reflect the amount needed to maintain these positions at the Courts.

SB0183 - Judge Salary Adjustment$1,500,000$0

OngoingOne-TimeFinancing Source

$1,500,000$0General Fund

No Description

White Collar Crime Registry$7,000$28,000

OngoingOne-TimeFinancing Source

$7,000$0General Fund

$0$28,000General Fund, One-time

Enactment of this legislation could increase revenue to the General Fund by $20,000 and to various Courts restricted accounts by $16,000 one-time in FY 2016 from petition filing fees; revenue could increase to the General Fund by $4,000 and to various Courts restricted accounts by $3,200 beginning in FY 2017. This legislation could increase dedicated credits revenue to the Department of Public Safety by $12,000 one-time in FY 2016 and by $2,400 beginning in FY 2017 from application fees. Enactment of this legislation could cost the Department of Public Safety $5,000 from dedicated credits one-time in FY 2016 for computer programming; it could cost $7,500 one-time in FY 2016 and $1,500 beginning in FY 2017 from dedicated credits to issue eligibility certificates. This legislation could cost the Attorney General $25,000 one-time in FY 2016 and $5,000 beginning in FY 2016 from the Criminal Forfeiture Restricted Account for creation and maintenance of the White Collar Crime Offender Registry. This legislation could further cost the Attorney General $12,000 from the General Fund beginning in FY 2016 for staff support. This legislation could cost the Courts $35,000 one-time in FY 2016 and $7,000 beginning in FY 2017 from the General Fund.

Statute

The Utah State Judiciary is governed by : (1) the Utah State Constitution, Article VIII and (2) the Judicial Code, UCA Titles 75 through 78.

The Utah Court System consists of the Utah Supreme Court, Utah Court of Appeals, District Courts (trial courts of general jurisdiction), and Juvenile Courts. Each of these court systems is state funded and operated. The Judicial Council also provides oversight for the locally-funded and operated Justice Court System. Justice Courts receive some administrative support from the state and must operate in accordance with state standards and rules.

Intent Language

HB0003: Item 20

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Administration line item not lapse at the close of Fiscal Year 2015.

HB0003: Item 21

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Grand Jury line item not lapse at the close of Fiscal Year 2015.

HB0003: Item 22

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Contracts & Leases line item not lapse at the close of Fiscal Year 2015.

HB0003: Item 23

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Juror, Witness, and Interpreter line item not lapse at the close of Fiscal Year 2015.

HB0003: Item 24

Under Section 63J-1-603 of the Utah Code, the Legislature intends that the appropriations provided for in the Guardian ad Litem line item not lapse at the close of Fiscal Year 2015.

SB0002: Item 16

Under provisions of Section 67-8-2, Utah Code Annotated, salaries for District Court judges for the fiscal year beginning July 1, 2015 and ending June 30, 2016 shall be $150,000. Other judicial salaries shall be calculated in accordance with the formula set forth in Section 67-8-2 and rounded to the nearest $50.

SB0003: Item 55

Notwithstanding the judicial salary rate set in Senate Bill 2 Item 16, under provisions of Section 67-8-2, Utah Code Annotated, the new salary for District Court judges for the fiscal year beginning July 1, 2015 and ending June 30, 2016 shall be $152,850. Other judicial salaries shall be calculated in accordance with the formula set forth in Section 67-8-2 and rounded to the nearest $50.

The budget for the state court system is primarily State General Fund. A significant amount of revenue is generated by court fees, which are deposited in the General Fund. These court fees must be appropriated from the General Fund to the Courts by the Legislature.

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Appropriation History by

Show Table | Show Additional Information

Sources of Finance	FY11 Actual	FY12 Actual	FY13 Actual	FY14 Actual	FY15 Approp	FY15 Change	FY15 Revised	FY16 Change	FY16 Approp
General Fund	107,594,100	105,285,300	108,631,400	113,228,600	116,697,100	0	116,697,100	6,778,800	123,475,900
General Fund, One-time	42,500	1,942,900	124,300	601,700	590,100	814,200	1,404,300	(1,231,900)	172,400
Federal Funds	227,900	745,600	570,600	512,200	731,800	0	731,800	23,300	755,100
Dedicated Credits Revenue	2,129,200	2,109,400	1,957,100	1,826,200	3,380,400	0	3,380,400	(79,300)	3,301,100
GFR - Dispute Resolution	415,300	414,300	423,500	437,000	437,000	0	437,000	103,900	540,900
GFR - Children's Legal Defense	812,800	810,600	832,400	907,100	911,500	0	911,500	26,400	937,900
GFR - Court Reporting Technology	250,000	250,000	254,300	254,300	0	0	0	0	0
GFR - Court Security Account	7,556,400	7,556,400	7,558,700	7,561,600	11,164,300	0	11,164,300	3,700	11,168,000
GFR - Court Trust Interest	795,000	795,000	808,800	831,000	831,000	0	831,000	(581,000)	250,000
GFR - DNA Specimen	250,300	249,200	249,200	256,500	258,400	0	258,400	2,500	260,900
GFR - Guardian Ad Litem Services	515,300	364,400	368,300	373,500	373,500	0	373,500	12,000	385,500
GFR - Justice Court Tech, Sec, and Train	1,105,700	1,105,000	1,121,300	1,145,000	1,164,300	0	1,164,300	24,500	1,188,800
GFR - Non-Judicial Adjustment	936,200	932,100	942,000	971,500	991,100	0	991,100	(3,000)	988,100
GFR - Non-Judicial Adjustment Account	0	0	0	0	0	0	0	25,900	25,900
GFR - Online Court Assistance	201,000	251,000	230,100	230,100	230,100	0	230,100	0	230,100
GFR - State Court Complex	4,700,000	4,700,000	4,704,800	5,106,900	4,906,900	0	4,906,900	0	4,906,900
GFR - Substance Abuse Prevention	513,500	512,700	526,500	541,400	546,500	0	546,500	6,200	552,700
GFR - Tobacco Settlement	352,800	352,800	352,800	361,100	361,100	0	361,100	4,800	365,900
Transfers	141,100	139,700	324,800	115,100	1,800	1,063,100	1,064,900	12,400	1,077,300
Transfers - Commission on Criminal and J	729,500	255,900	242,700	274,100	586,700	(586,700)	0	0	0
Transfers - Other Agencies	413,000	209,700	0	203,300	476,400	(476,400)	0	0	0
Beginning Nonlapsing	2,224,200	1,805,300	2,407,300	1,468,000	(1,761,700)	3,503,400	1,741,700	(3,405,900)	(1,664,200)
Closing Nonlapsing	(1,805,300)	(2,407,300)	(1,468,000)	(1,741,700)	2,661,700	(997,500)	1,664,200	850,000	2,514,200
Lapsing Balance	(1,305,300)	(1,160,500)	(1,323,900)	(2,344,400)	0	0	0	0	0
Total	$128,795,200	$127,219,500	$129,839,000	$133,120,100	$145,540,000	$3,320,100	$148,860,100	$2,573,300	$151,433,400

COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.