Download Zipped Enrolled WP 6.1 HB0043.ZIP 5,865 Bytes
[Introduced][Status][Bill Documents][Fiscal Note] [Bills Directory]

H.B. 43 Enrolled

    

COUNTY AND MUNICIPALITY JUDGESHIPS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Wayne A. Harper

    John E. Swallow




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


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

- 2 -


[Bill Documents][Bills Directory]