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[Introduced][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 323

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COURT AMENDMENTS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Christine R. Fox

5    AN ACT RELATING TO JUDICIAL CODE; CORRECTING REFERENCES TO THE COURTS
6    AND CROSS REFERENCES; CORRECTING LIMITS ON APPEALS FROM JUSTICE
7    COURT; ESTABLISHING SMALL CLAIMS CASES AS A TYPE OF CIVIL CASE
8    RATHER THAN A DEPARTMENT OF THE COURT; ELIMINATING THE OPTION OF
9    THE JUSTICE COURT TO BE CERTIFIED FOR SMALL CLAIMS ACTIONS
10    SEPARATELY FROM MISDEMEANORS; ESTABLISHING LICENSE FEES FOR
11    SERVICES REGULATED BY THE JUDICIAL COUNCIL; ESTABLISHING DEDICATED
12    CREDITS FOR THOSE FEES; CREATING A CAUSE OF ACTION AGAINST AN
13    EMPLOYER WHO TERMINATES AN EMPLOYEE OR THREATENS TO DO SO FOR
14    OBEYING A SUBPOENA; ESTABLISHING THOSE ACTIONS BY AN EMPLOYER AS
15    CRIMINAL CONTEMPT; PROVIDING FOR AN ASSOCIATE PRESIDING JUDGE IN
16    SOME DISTRICTS; REPEALING THE DIVORCE MEDIATION PROGRAM; MAKING
17    TECHNICAL CORRECTIONS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING
18    A COORDINATION CLAUSE.
19    This act affects sections of Utah Code Annotated 1953 as follows:
20    AMENDS:
21         20A-7-701, as enacted by Chapter 1, Laws of Utah 1995
22         21-1-5, as last amended by Chapters 79 and 198, Laws of Utah 1996
23         30-3-15.3, as last amended by Chapters 98 and 158, Laws of Utah 1992
24         30-3-18, as last amended by Chapter 180, Laws of Utah 1993
25         31A-11-112, as last amended by Chapter 198, Laws of Utah 1996
26         51-4-2, as last amended by Chapter 198, Laws of Utah 1996
27         57-1-29, as enacted by Chapter 181, Laws of Utah 1961


1         63-63a-8, as last amended by Chapters 1 and 255, Laws of Utah 1996
2         76-8-601, as last amended by Chapters 12 and 218, Laws of Utah 1994
3         77-7-23, as last amended by Chapter 198, Laws of Utah 1996
4         77-20-11, as last amended by Chapter 243, Laws of Utah 1996
5         77-23-212, as renumbered and amended by Chapter 142, Laws of Utah 1994
6         77-32a-2, as last amended by Chapter 238, Laws of Utah 1993
7         78-3-25, as last amended by Chapter 198, Laws of Utah 1996
8         78-3-29, as last amended by Chapter 198, Laws of Utah 1996
9         78-5-104, as last amended by Chapter 159, Laws of Utah 1993
10         78-5-120, as last amended by Chapter 198, Laws of Utah 1996
11         78-5-127, as enacted by Chapter 157, Laws of Utah 1989
12         78-6-1, as last amended by Chapter 198, Laws of Utah 1996
13         78-6-8, as last amended by Chapter 268, Laws of Utah 1991
14         78-6-10, as last amended by Chapter 198, Laws of Utah 1996
15         78-6-14, as repealed and reenacted by Chapter 290, Laws of Utah 1992
16         78-6-15, Utah Code Annotated 1953
17         78-24-4, Utah Code Annotated 1953
18         78-31b-9, as last amended by Chapter 47, Laws of Utah 1995
19    REPEALS AND REENACTS:
20         78-11-26, as enacted by Chapter 64, Laws of Utah 1996
21    REPEALS:
22         30-3-19, as enacted by Chapter 158, Laws of Utah 1992
23         30-3-20, as enacted by Chapter 158, Laws of Utah 1992
24         30-3-21, as enacted by Chapter 158, Laws of Utah 1992
25         30-3-22, as enacted by Chapter 158, Laws of Utah 1992
26         30-3-23, as enacted by Chapter 158, Laws of Utah 1992
27         30-3-24, as enacted by Chapter 158, Laws of Utah 1992
28         30-3-25, as enacted by Chapter 158, Laws of Utah 1992
29         30-3-26, as enacted by Chapter 158, Laws of Utah 1992
30         30-3-27, as enacted by Chapter 158, Laws of Utah 1992
31         30-3-28, as last amended by Chapter 260, Laws of Utah 1994

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1         30-3-29, as enacted by Chapter 158, Laws of Utah 1992
2         30-3-30, as enacted by Chapter 158, Laws of Utah 1992
3         30-3-31, as enacted by Chapter 158, Laws of Utah 1992
4    Be it enacted by the Legislature of the state of Utah:
5        Section 1. Section 20A-7-701 is amended to read:
6         20A-7-701. Voter information pamphlet to be prepared.
7        (1) The lieutenant governor shall cause to be printed a voter information pamphlet
8    designed to inform the voters of the state of the content, effect, operation, fiscal impact, and the
9    supporting and opposing arguments of any measure submitted to the voters by the Legislature or
10    by initiative or referendum petition.
11        (2) The pamphlet shall also include a separate section prepared, analyzed, and submitted
12    by the Judicial Council describing the judicial selection and retention process [as provided in
13    Section 78-3-4].
14        (3) The lieutenant governor shall cause to be printed as many voter information pamphlets
15    as needed to comply with the provisions of this chapter.
16        Section 2. Section 21-1-5 is amended to read:
17         21-1-5. Civil fees of the courts of record -- Courts complex design.
18        (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
19    of record not governed by another subsection is $120.
20        (b) The fee for filing a complaint or petition is:
21        (i) $37 if the claim for damages or amount in interpleader exclusive of court costs,
22    interest, and attorney fees is $2,000 or less;
23        (ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
24    interest, and attorney fees is greater than $2,000 and less than $10,000;
25        (iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
26        (iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
27    Separate Maintenance.
28        (c) The fee for filing a small claims affidavit is:
29        (i) $37 if the claim for damages or amount in interpleader exclusive of courts costs,
30    interest, and attorney fees is $2,000 or less; and
31        (ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,

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1    interest, and attorney fees is greater than $2,000.
2        (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
3    complaint, or other claim for relief against an existing or joined party other than the original
4    complaint or petition is:
5        (i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
6    or less;
7        (ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
8    than $2,000 and less than $10,000;
9        (iii) $90 if the original petition is filed under Subsection (1)(a) or when the claim for relief
10    is $10,000 or more; and
11        (iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
12    Chapter 4, Separate Maintenance.
13        (e) The fee for filing a small claims counter affidavit is:
14        (i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
15    or less; and
16        (ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
17    than $2,000.
18        (f) The fee for depositing funds under Section 57-1-29 when not associated with an action
19    already before the court is determined under Subsection (b) based on the amount deposited.
20        (g) The fee for filing a petition for trial de novo of an adjudication of the justice court or
21    of the small claims department is $70.
22        (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
23    petition for writ of certiorari is $190.
24        (i) (i) Except for a petition filed under Subsection 77-18-10(2), the fee for filing a petition
25    for expungement is $50.
26        (ii) There is no fee for a petition filed under Subsection 77-18-10(2).
27        (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
28    allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
29    Retirement Act.
30        (ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
31    by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,

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1    as provided in Section 63-63a-8.
2        (iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
3    (1)[(s)](r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in
4    Section 78-31b-9.
5        (k) The fee for filing a judgment, order, or decree of a court of another state or of the
6    United States is $25.
7        (l) The fee for filing probate or child custody documents from another state is $25.
8        (m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
9    State Tax Commission is $30.
10        (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
11    or a judgment, order, or decree of an administrative agency, commission, board, council, or
12    hearing officer of this state or of its political subdivisions other than the Utah State Tax
13    Commission, is $40.
14        (n) The fee for filing a judgment by confession without action under Section 78-22-3 is
15    $25.
16        (o) The fee for filing an award of arbitration for confirmation, modification, or vacation
17    under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
18    $25.
19        (p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
20        (q) The fee for filing any accounting required by law is:
21        (i) $10 for an estate valued at $50,000 or less;
22        (ii) $20 for an estate valued at $75,000 or less but more than $50,000;
23        (iii) $40 for an estate valued at $112,000 or less but more than $75,000;
24        (iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
25        (v) $150 for an estate valued at more than $168,000.
26        (r) The fee for filing a demand for a civil jury is $50.
27        (s) The fee for filing a notice of deposition in this state concerning an action pending in
28    another state under Utah Rule of Civil Procedure 26 is $25.
29        (t) The fee for filing documents that require judicial approval but are not part of an action
30    before the court is $25.
31        (u) The fee for a petition to open a sealed record is $25.

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1        (v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
2    to any fee for a complaint or petition.
3        (w) The fee for a petition for authorization for a minor to marry required by Section 30-1-9
4    is $5.
5        (x) The fee for a certificate issued under Section 26-2-25 is $2.
6        (y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
7        (z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
8    page.
9        (aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
10    and forms and for the search and retrieval of records under Title 63, Chapter 2, Government
11    Records Access and Management Act. Fees under this subsection shall be credited to the court
12    as a reimbursement of expenditures.
13        (bb) There is no fee for services or the filing of documents not listed in this section or
14    otherwise provided by law.
15        (cc) Except as provided in this section, all fees collected under this section are paid to the
16    General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
17    the pleading for filing or performs the requested service.
18        (dd) The filing fees under this section may not be charged to the state, its agencies, or
19    political subdivisions filing or defending any action. In judgments awarded in favor of the state,
20    its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
21    the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
22    this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
23    other penalty and costs permitted by law.
24        (2) (a) (i) From [the date that this act takes effect] March 17, 1994 until June 30, 1998, the
25    administrator of the courts shall transfer all revenues representing the difference between the fees
26    in effect after May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits to
27    the Division of Facilities Construction and Management Capital Projects Fund.
28        (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
29    Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
30    Projects Fund under this Subsection [21-1-5](2)(a) to design and take other actions necessary to
31    initiate the development of a courts complex in Salt Lake City.

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1        (B) If the Legislature approves funding for construction of a courts complex in Salt Lake
2    City in the 1995 Annual General Session, the Division of Facilities Construction and Management
3    shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
4    a courts complex in Salt Lake City.
5        (iii) The Division of Facilities Construction and Management may enter into agreements
6    and make expenditures related to this project before the receipt of revenues provided for under this
7    subsection.
8        (iv) The Division of Facilities Construction and Management shall:
9        (A) make those expenditures from unexpended and unencumbered building funds already
10    appropriated to the Capital Projects Fund; and
11        (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
12    this subsection.
13        (b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
14    representing the difference between the fees in effect after May 2, 1994, and the fees in effect
15    before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
16    account.
17        (c) The Division of Finance shall deposit all revenues received from the court
18    administrator into the restricted account created by this section.
19        (d) (i) From [the effective date of this act] March 17, 1994 until June 30, 1998, the
20    administrator of the courts shall transfer $7 of the amount of a fine or bail forfeiture paid for a
21    violation of Title 41, Motor Vehicles, in a court of record to the Division of Facilities Construction
22    and Management Capital Projects Fund. The division of money pursuant to [Subsection 78-3-4(6),
23    Sections] Section 78-3-14.5 [and 78-4-22] shall be calculated on the balance of the fine or bail
24    forfeiture paid.
25        (ii) After June 30, 1998, the administrator of the courts shall transfer $2 of the amount of
26    a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
27    Division of Finance for deposit in the restricted account created by this section. The division of
28    money pursuant to [Subsection 78-3-4(6), and] Section 78-3-14.5 shall be calculated on the
29    balance of the fine or bail forfeiture paid.
30        (3) (a) There is created within the General Fund a restricted account known as the State
31    Courts Complex Account.

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1        (b) The Legislature may appropriate monies from the restricted account to the
2    administrator of the courts for the following purposes only:
3        (i) to repay costs associated with the construction of the court complex that were funded
4    from sources other than revenues provided for under this subsection; and
5        (ii) to cover operations and maintenance costs on the court complex.
6        Section 3. Section 30-3-15.3 is amended to read:
7         30-3-15.3. Commissioners -- Powers.
8        Commissioners shall:
9        (1) secure compliance with court orders;
10        [(2) require completion of mandatory mediation as provided in Sections 30-3-21 and
11    30-3-24;]
12        [(3)] (2) require attendance at the mandatory course as provided in Section 30-3-11.3;
13        [(4)] (3) serve as judge pro tempore, master or referee on:
14        (a) assignment of the court; and
15        (b) with the written consent of the parties:
16        (i) orders to show cause where no contempt is alleged;
17        (ii) default divorces where the parties have had marriage counseling but there has been no
18    reconciliation;
19        (iii) uncontested actions under the Uniform Act on Paternity;
20        (iv) actions under the Uniform Civil Liability for Support Act; and
21        (v) actions under the Reciprocal Enforcement of Support Act; and
22        [(5)] (4) represent the interest of children in divorce or annulment actions, and the parties
23    in appropriate cases.
24        Section 4. Section 30-3-18 is amended to read:
25         30-3-18. Waiting period for hearing after filing for divorce -- Exemption -- Use of
26     counseling and education services not to be construed as condonation or promotion.
27        (1) Unless the court, for good cause shown and set forth in the findings, otherwise orders,
28    no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from
29    the filing of the complaint, provided the court may make such interim orders as may be just and
30    equitable.
31        (2) The 90-day period as provided in Subsection (1) shall not apply in any case where both

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1    parties have completed the mandatory educational course for divorcing parents as provided in
2    Section 30-3-11.3 [or the mediation requirement as provided in Section 30-3-21].
3        (3) The use of counseling, mediation, and education services provided under this chapter
4    may not be construed as condoning the acts that may constitute grounds for divorce on the part of
5    either spouse nor of promoting divorce.
6        Section 5. Section 31A-11-112 is amended to read:
7         31A-11-112. Bail for traffic violations.
8        (1) Any insurance company that [has] is qualified to transact a surety business in Utah may
9    contract to become surety for any guaranteed arrest bond certificates issued by it or by a motor
10    club, by filing with the commissioner an undertaking to become surety. The undertaking shall be
11    in a form prescribed by the commissioner and shall state the following:
12        (a) The name and address of the motor club or clubs issuing the guaranteed arrest bond
13    certificates on which the company will be surety, and whether the motor club will issue the
14    certificates itself.
15        (b) The unqualified obligation of the company to be surety to pay, up to a specified dollar
16    amount, the fine or forfeiture of any person who fails to make an appearance to answer the charges
17    for which the guaranteed arrest bond certificate is posted.
18        (2) Any guaranteed arrest bond certificate under Subsection (1), when posted by the
19    signatory, shall be accepted in lieu of cash bail or other bond in an amount not exceeding the dollar
20    amount specified under Subsection (1)(b), to guarantee the appearance of the person when required
21    by any court in Utah when the person is arrested for violation of any Utah motor vehicle law, or
22    any motor vehicle ordinance of any Utah municipality, except for driving under the influence of
23    drugs or intoxicating liquors or for any felony. [Any] A law enforcement officer who issues a
24    citation to an operator of a vehicle who has a valid guaranteed arrest bond certificate in his
25    possession shall obtain the necessary information for the arrest citation, and if the guaranteed arrest
26    bond certificate covers the fine for the violation, the officer shall release the vehicle and operator
27    after serving the citation and receiving the guaranteed arrest bond from the operator. The officer
28    shall deliver the guaranteed arrest bond to the appropriate court to be held as a bail bond.
29        (3) A guaranteed arrest bond certificate posted as a bail bond in a [Utah] district court is
30    subject to the forfeiture and enforcement provisions which govern bail bonds in criminal cases.
31    A guaranteed arrest bond certificate posted as a bail bond in a [Utah circuit or] justice court is

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1    subject to the forfeiture and enforcement provisions of the charter or ordinance of the particular
2    municipality which pertains to bail bonds.
3        (4) [No] A motor club may not agree to exonerate or indemnify an authorized surety
4    issuing guaranteed arrest bonds under Subsection (1) for losses in connection with these bonds.
5        Section 6. Section 51-4-2 is amended to read:
6         51-4-2. Deposits by political subdivisions.
7        (1) As used in this section:
8        (a) "Officer" means each:
9        (i) county treasurer, county auditor, county assessor, county clerk, clerk of the [circuit]
10    district court, city treasurer, city clerk, justice court judge; and
11        (ii) other officer of a political subdivision.
12        (b) "Political subdivision" means a county, city, town, school district, and special district.
13        (2) (a) Each officer shall deposit all public funds daily whenever practicable but not later
14    than three days after receipt.
15        (b) Each officer shall deposit all public funds only in qualified depositories unless the
16    public funds need to be deposited in a bank outside Utah in order to provide for:
17        (i) payment of maturing bonds or other evidences of indebtedness; or
18        (ii) payment of the interest on bonds or other evidences of indebtedness.
19        (3) (a) (i) Each officer shall require all checks to be made payable to the office of the
20    officer receiving funds or to the political subdivision's treasurer.
21        (ii) An officer may not accept a check unless it is made payable to the office of the officer
22    receiving funds or to the political subdivision's treasurer.
23        (b) Each officer shall deposit all monies he collects into an account controlled by his
24    political subdivision's treasurer.
25        (4) (a) Except as provided in Subsection (4)(b) and unless a shorter time for depositing
26    funds is otherwise required by law, each political subdivision that has collected funds that are due
27    to the state or to another political subdivision of the state shall, on or before the tenth day of each
28    month, pay all of those funds that were receipted during the last month:
29        (i) to a qualified depository for the credit of the appropriate public treasurer; or
30        (ii) to the appropriate public treasurer.
31        (b) Property tax collections shall be apportioned and paid according to Section 59-2-1365.

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1        Section 7. Section 57-1-29 is amended to read:
2         57-1-29. Proceeds of trustee's sale -- Disposition.
3        The trustee shall apply the proceeds of the trustee's sale, first, to the costs and expenses of
4    exercising the power of sale and of the sale, including the payment of the trustee's and attorney's
5    fees actually incurred not to exceed the amount which may be provided for in the trust deed,
6    second, to payment of the obligation secured by the trust deed, and the balance, if any, to the
7    person or persons legally entitled [thereto] to the proceeds, or the trustee, in his discretion, may
8    deposit the balance of [such] the proceeds with the [county] clerk of the [county] district court of
9    the county in which the sale took place. Upon depositing [such] the balance, the trustee shall be
10    discharged from all further responsibility [therefor] and the [county] clerk shall deposit the [same]
11    proceeds with the [county] state treasurer subject to the order of the district court [of said county].
12        Section 8. Section 63-63a-8 is amended to read:
13         63-63a-8. Children's Legal Defense Account.
14        (1) There is created a restricted account within the General Fund known as the Children's
15    Legal Defense Account.
16        (2) The purpose of the Children's Legal Defense Account is to provide for programs that
17    protect and defend the rights, safety, and quality of life of children.
18        (3) The Legislature shall appropriate money from the account for the administrative and
19    related costs of the following programs:
20        (a) implementing the Mandatory Educational Course on Children's Needs for Divorcing
21    Parents relating to the effects of divorce on children as provided in Sections 30-3-4, 30-3-7,
22    30-3-10.3, 30-3-11.3, 30-3-15.3, and 30-3-18, and the Mediation Pilot Program - Child Custody
23    or Visitation as provided in Sections 30-3-15.3[,] and 30-3-18[, and 30-3-19 through 30-3-31];
24        (b) implementing the use of guardians ad litem as provided in Sections 30-3-5.2,
25    78-3a-912, [78-3a-318,] 78-11-6, and 78-7-9; the training of guardian ad litems and volunteers as
26    provided in Section 78-3a-912; and termination of parental rights as provided in Sections
27    78-3a-516, 78-3a-518, 78-3a-903, and Title 78, Chapter [3f] 3a, Part 4, Termination of Parental
28    Rights Act. This account may not be used to supplant funding for the guardian ad litem program
29    in the juvenile court as provided in Section 78-3a-912;
30        (c) requiring community service for violation of visitation orders or failure to pay child
31    support as provided in Section 78-32-12.1;

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1        (d) enforcing and administering the pilot program as provided in Section 78-32-12.3
2    establishing the sanctions for substantial noncompliance with visitation orders as provided in
3    Section 78-32-12.2; and
4        (e) implementing and administering the [Child] Expedited Visitation Enforcement Pilot
5    Program as provided in Section 30-3-38.
6        (4) The following withheld fees shall be allocated only to the Children's Legal Defense
7    Account and used only for the purposes provided in Subsections (3)(a) through (c):
8        (a) the additional $10 fee withheld on every marriage license issued in the state of Utah
9    as provided in Section 17-5-214; and
10        (b) a fee of $2 shall be withheld from the existing civil filing fee collected on any
11    complaint, affidavit, or petition in a civil, probate, or adoption matter in every court of record.
12        (5) The Division of Finance shall allocate the monies described in Subsection (4) from the
13    General Fund to the Children's Legal Defense Account.
14        (6) Any funds in excess of $200,000 remaining in the restricted account as of June 30 of
15    any fiscal year shall lapse into the General Fund.
16        Section 9. Section 76-8-601 is amended to read:
17         76-8-601. Wrongful commencement of action in justice court.
18        Any party to any suit or proceeding, and any attorney or agent for the party, who
19    knowingly commences, prosecutes, or maintains any action, suit, or proceeding in any justice court
20    in violation of Sections 78-5-103 and 78-5-104, is guilty of a class B misdemeanor.
21        Section 10. Section 77-7-23 is amended to read:
22         77-7-23. Delivery of prisoner arrested without warrant to magistrate -- Transfer to
23     court with jurisdiction -- Violation as misdemeanor.
24        (1) (a) When an arrest is made without a warrant by a peace officer or private person, the
25    person arrested shall be taken without unnecessary delay to the magistrate in the [circuit] district
26    court, the precinct of the county, or the municipality in which the offense occurred, except under
27    Subsection (2). An information stating the charge against the person shall be made before the
28    magistrate.
29        (b) If the justice court judge of the precinct or municipality or the district court judge is
30    not available, the arrested person shall be taken before the magistrate within the same county who
31    is nearest to the scene of the alleged offense or nearest to the jail under Subsection (2), who may

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1    act as committing magistrate for arraigning the accused, setting bail, or issuing warrants.
2        (2) If the arrested person under Subsection (1) must be transported from jail to a
3    magistrate, the person may be taken before the magistrate nearest to the jail rather than the
4    magistrate specified in Subsection (1) for arraignment, setting bail, or issuing warrants.
5        (3) The case shall then be transferred to the court having jurisdiction. This section does
6    not confer jurisdiction upon a court unless otherwise provided by law.
7        (4) Any officer or person violating this section is guilty of a class B misdemeanor.
8        Section 11. Section 77-20-11 is amended to read:
9         77-20-11. Bail Bond Surety Licensing Board -- Establishment -- Appointment of
10     members -- Terms.
11        (1) There is created a Bail Bond Surety Licensing Board consisting of seven members
12    appointed by the Judicial Council. Membership shall be as follows:
13        (a) four licensed bail bond sureties;
14        (b) two members of the general public; and
15        (c) one attorney licensed to practice law in the state of Utah in good standing.
16        (2) (a) Except as required by Subsection (2)(b), as terms of current board members expire,
17    the Judicial Council shall appoint each new member or reappointed member to a four-year term.
18        (b) Notwithstanding the requirements of Subsection (2)(a), the Judicial Council shall, at
19    the time of appointment or reappointment, adjust the length of terms to ensure that the terms of
20    board members are staggered so that approximately half of the board is appointed every two years.
21        (c) No board member may serve more than two consecutive terms.
22        (3) Board members shall serve until:
23        (a) removed by the Judicial Council;
24        (b) their resignation; or
25        (c) the expiration of their term and the appointment of a successor.
26        (4) When a vacancy occurs in the membership for any reason, the replacement shall be
27    appointed for the unexpired term.
28        (5) The board shall annually elect one of its members to serve as chair.
29        (6) Five members shall constitute a quorum for the transaction of business.
30        (7) (a) Members shall receive no compensation or benefits for their services, but may
31    receive per diem and expenses incurred in the performance of the member's official duties at the

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1    rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
2        (b) Members may decline to receive per diem and expenses for their service.
3        (8) The Judicial Council may establish a fee for the issuance and renewal of bail bond
4    surety licenses. Any fees established under this section shall be deposited as a nonlapsing
5    dedicated credit to the Judicial Council.
6        Section 12. Section 77-23-212 is amended to read:
7         77-23-212. Evidence seized pursuant to warrant not excluded unless unlawful search
8     or seizure substantial -- "Substantial" defined.
9        (1) [Under the standards described in Rule 12 (g), Utah Rules of Criminal Procedure,
10    property] Property or evidence seized pursuant to a search warrant may not be suppressed at a
11    motion, trial, or other proceeding, unless the unlawful conduct of the peace officer is shown to be
12    substantial.
13        (2) Any unlawful search or seizure shall be considered substantial and in bad faith if the
14    warrant was obtained with malicious purpose and without probable cause or was executed
15    maliciously and willfully beyond the authority of the warrant or with unnecessary severity.
16        Section 13. Section 77-32a-2 is amended to read:
17         77-32a-2. Costs -- What constitute.
18        Costs shall be limited to expenses specially incurred by the state or any political
19    subdivision in investigating, searching for, apprehending, and prosecuting the defendant, including
20    attorney fees of counsel assigned to represent the defendant pursuant to Section 77-32-2,
21    interpreter fees and investigators' fees. Costs cannot include expenses inherent in providing a
22    constitutionally guaranteed trial or expenditures in connection with the maintenance and operation
23    of government agencies that must be made by the public irrespective of specific violations of law.
24    Costs cannot include attorneys' fees for prosecuting attorneys.
25        Section 14. Section 78-3-25 is amended to read:
26         78-3-25. Assistants for administrator of the courts -- Appointment of trial court
27     executives.
28        (1) The administrator of the courts, with the approval of the presiding officer of the
29    council, is responsible for the establishment of positions and salaries of assistants as necessary to
30    enable him to perform the powers and duties vested in him by this act, including the positions of
31    appellate court administrator, district court administrator, juvenile court administrator, and justices'

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1    court administrator, whose appointments shall be made by the administrator of the courts with the
2    concurrence of the respective boards as established by the council.
3        (2) The district court administrator, with the concurrence of the presiding judge of a
4    district or the district court judge in single judge districts, may appoint in each district a trial court
5    executive. The trial court executive may appoint, subject to budget limitations, necessary support
6    personnel including clerks, research clerks, secretaries, and other persons required to carry out the
7    work of the court. The trial court executive shall supervise the work of all nonjudicial court staff
8    and serve as administrative officer of the district.
9        (3) Administrators and assistants appointed under this section shall be known collectively
10    as the Administrative Office of the Courts.
11        Section 15. Section 78-3-29 is amended to read:
12         78-3-29. Presiding judge -- Associate presiding judge -- Election -- Term --
13     Compensation -- Powers -- Duties.
14        (1) In judicial districts having more than one judge, the district court judges [of the district]
15    shall elect one [of their number] judge of the district to the office of presiding judge.
16        (2) In judicial districts having more than two judges, the district court judges may elect
17    one judge of the district to the office of associate presiding judge.
18        (3) The presiding judge and associate presiding judge shall [act in that capacity for a term
19    of not fewer than] serve for at least two years.
20        (4) In districts [comprised of] having five or more [of the following] full-time [positions;
21    judge,] judges, court [commissioner] commissioners, [referee] referees, or hearing [officer]
22    officers, the presiding judge shall receive an additional $1,000 per annum as compensation.
23        (5) In districts having ten or more full-time judges, court commissioners, referees, or
24    hearing officers, the associate presiding judge shall receive an additional $1,000 per annum as
25    compensation.
26        (6) The presiding judge has the following authority and responsibilities, consistent with
27    the policies of the Judicial Council:
28        (a) implementing policies of the Judicial Council; and
29        (b) exercising powers and performing administrative duties as authorized by the Judicial
30    Council[;].
31        [(c) managing the judicial business of the district;]

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1        [(d) calling and presiding over meetings of the judges of the district; and]
2        [(e) supervising the preparation and management of the county budget for the district
3    courts.]
4        (7) When the presiding judge is unavailable, the associate presiding judge shall assume
5    the responsibilities of the presiding judge. The associate presiding judge shall perform other duties
6    assigned by the presiding judge.
7        [(2)] (8) Upon the merger of the courts pursuant to Section 78-1-2, the incumbent
8    presiding judge of the district court or the judge who was to become the presiding judge of such
9    court under a prior election shall continue as presiding judge for the district for the balance of the
10    term to which the judge was elected. Thereafter, a presiding judge shall be elected under
11    Subsection (1).
12        Section 16. Section 78-5-104 is amended to read:
13         78-5-104. Jurisdiction.
14        (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of
15    ordinances, and infractions committed within their territorial jurisdiction, except those offenses
16    over which the juvenile court has exclusive jurisdiction.
17        (2) Justice courts have jurisdiction of small claims cases under Title 78, Chapter 6, Small
18    Claims Courts, if the defendant resides in or the debt arose within the territorial jurisdiction of the
19    justice court. [Prior to accepting small claims affidavits, a justice court shall be certified as
20    1competent to determine small claims pursuant to Section 78-5-139.]
21        Section 17. Section 78-5-120 is amended to read:
22         78-5-120. Trial de novo in district court.
23        Any person not satisfied with a judgment rendered in a justice court, whether rendered by
24    default or after trial, is entitled to a trial de novo in the district court of the county as provided by
25    law. The judgment after trial de novo may not be appealed unless the court h [holds a statute or
26      ordinance unconstitutional
] RULES ON THE CONSTITUTIONALITY OF A STATUTE OR ORDINANCE h
.
27        Section 18. Section 78-5-127 is amended to read:
28         78-5-127. Required annual training -- Expenses -- Failure to attend.
29        (1) [(a)] Prior to assuming office all justice court judges shall attend an orientation seminar
30    conducted under the direction of the Judicial Council.
31        [(b) Completion of the seminar is evidenced by a certificate awarded by the council.
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lilac-February 27, 1997


1    Failure to obtain the certificate disqualifies the person for office. The office to which the person
2    was appointed is then vacant.]
3        (2) All justice court judges shall attend the continuing education conducted under the
4    supervision of the Judicial Council each calendar year.
5        (a) Successful completion of the continuing education requirement includes instruction
6    regarding competency and understanding of constitutional provisions and laws relating to the
7    jurisdiction of the court, rules of evidence, and rules of civil and criminal procedure as indicated
8    by a certificate awarded by the Judicial Council.
9        (b) The county or municipality creating and maintaining a justice court shall assume the
10    expenses of travel, meals, and lodging for the judge to attend education and training seminars
11    conducted by the Judicial Council.
12        (3) Any judge not obtaining a certificate for two consecutive years may be removed from
13    office for cause under this section.
14        (4) The Judicial Council shall inform the Judicial Conduct Commission of the names of
15    justice court judges failing to comply with this section.
16        [(5) The Judicial Council shall include in its annual report a list of all justice court judges
17    in the state showing those that are certified under this section and those not.]
18        Section 19. Section 78-6-1 is amended to read:
19         78-6-1. Small claims -- Creation -- Biannual review -- Counsel not necessary --
20     Deferring multiple claims of one plaintiff -- Supreme Court to govern procedures.
21        (1) [The district court shall and, if certified by the Judicial Council, the justice court may
22    create a department known as the "Small Claims Department" which has jurisdiction in cases] A
23    small claims action is a civil action:
24        (a) for the recovery of money where the amount claimed does not exceed $5,000 including
25    attorney fees but exclusive of court costs and interest and where the defendant resides or the action
26    of indebtedness was incurred within the jurisdiction of the court in which the action is to be
27    maintained; or
28        (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in which
29    the amount claimed does not exceed $5,000 including attorney fees but exclusive of court costs
30    and interest.
31        (2) [In no event shall the] The judgment [of the] in a small claims [department] action may

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1    not exceed $5,000 including attorney fees but exclusive of court costs and interest.
2        (3) Counter claims may be maintained in [the] small claims [department] actions if the
3    counter claim arises out of the transaction or occurrence that is the subject matter of the plaintiff's
4    claim. A counter claim may not be raised for the first time in the trial de novo of the small claims
5    action.
6        (4) The Judicial Council shall present to the Judiciary Interim Committee prior to the
7    general session of the Legislature during odd-numbered years a report and recommendations
8    concerning the [jurisdiction of the Small Claims Department] maximum amount of small claims
9    actions.
10        (5) Persons or corporations may litigate actions on behalf of themselves in person or
11    through authorized employees with or without counsel.
12        (6) If a person or corporation other than a municipality or a political subdivision of the
13    state files multiple small claims in any one court, the clerk or judge of the court may remove all
14    but the initial claim from the court's calendar in order to dispose of all other small claims matters.
15    Claims so removed shall be rescheduled as permitted by the court's calendar.
16        (7) Small claims matters shall be managed in accordance with simplified rules of
17    procedure and evidence promulgated by the Supreme Court.
18        Section 20. Section 78-6-8 is amended to read:
19         78-6-8. Object of small claims -- Attachment, garnishment, and execution.
20        (1) The hearing in a small claims [matter shall be not of record, with] action has the sole
21    object of dispensing speedy justice between the parties. The record of small claims proceedings
22    shall be as provided by rule of the Judicial Council.
23        (2) Attachment, garnishment, and execution may issue after judgment as prescribed by
24    law, upon the payment of the fees required for those services.
25        Section 21. Section 78-6-10 is amended to read:
26         78-6-10. Appeals -- Who may take and jurisdiction.
27        (1) Either party may appeal the judgment [of the] in a small claims [department] action
28    to the district court of the county by filing a notice of appeal in the original trial court within ten
29    days of the notice of entry of the judgment. If the judgment in a small claims action is entered by
30    a judge or judge pro tempore of the district court, the notice of appeal shall be filed with the
31    district court.

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1        (2) The appeal [to the district court] is a trial de novo and shall be tried in accordance with
2    the procedures of [the] small claims [department] actions, except a record of the trial shall be
3    maintained. The trial de novo may not be heard by a [small claims court] judge pro tempore
4    appointed under Section 78-6-1.5. The decision of the trial de novo may not be appealed unless
5    the court h [ holds a state statute or local ordinance unconstitutional ] RULES ON THE
5a     CONSTITUTIONALITY OF A STATUTE OR ORDINANCE h .
6        Section 22. Section 78-6-14 is amended to read:
7         78-6-14. Civil filing fees.
8        (1) Except as provided in this section, the fees for [the] a small claims [division of the]
9    action in justice court shall be the same as provided in Section 21-1-5.
10        (2) Fees collected in small claims actions filed in municipal justice court are remitted to
11    the municipal treasurer. Fees collected in small claims actions filed in a county justice court are
12    remitted to the county treasurer.
13        (3) (a) Seven dollars and 50 cents shall be withheld from the fee for the small claims
14    affidavit and allocated to the Judges' Retirement Trust Fund. Five dollars shall be withheld from
15    the fee for a small claims counter affidavit and allocated to the Judges' Retirement Trust Fund.
16        (b) Two dollars withheld from the civil filing fee in a court of record as provided in
17    Subsection 63-63a-8(4)(b) shall not apply to the fees collected for [the] small claims [division of
18    the] actions in justice court.
19        (4) The fee in the justice court for filing a notice of appeal for trial de novo in a court of
20    record is $10. The fee covers all services of the justice court on appeal but does not satisfy the trial
21    de novo filing fee in the court of record.
22        Section 23. Section 78-6-15 is amended to read:
23         78-6-15. Costs.
24        The prevailing party in any small claims action [in the small claims court] is entitled to
25    costs of the action and also the costs of execution upon a judgment rendered therein[, the same as
26    in other courts].
27        Section 24. Section 78-11-26 is repealed and reenacted to read:
28         78-11-26. Employer not to discharge or threaten employee for responding to
29     subpoena -- Criminal penalty -- Civil action by employee.
30        (1) An employer may not deprive an employee of employment or threaten or otherwise
31    coerce the employee regarding employment because the employee attends a deposition or hearing

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lilac-February 27, 1997


1    in response to a subpoena.
2        (2) Any employer who violates this section is guilty of criminal contempt and upon
3    conviction may be fined not more than $500 or imprisoned not more than six months or both.
4        (3) If an employer violates this section, in addition to any other remedy, the employee may
5    bring a civil action in district court for recovery of wages lost as a result of the violation and for
6    an order requiring the reinstatement of the employee. Damages recoverable may not exceed lost
7    wages for six weeks. If the employee prevails, the employee shall be allowed reasonable attorney
8    fees.
9        Section 25. Section 78-24-4 is amended to read:
10         78-24-4. Interpreters -- Subpoena -- Contempt.
11        (1) When a witness does not understand and speak the English language, an interpreter
12    must be sworn in to interpret [for him]. Any person may be subpoenaed by any court or judge to
13    appear before such court or judge to act as interpreter in any action or proceeding. Any person so
14    subpoenaed who fails to attend at the time and place named is guilty of a contempt.
15        (2) The Judicial Council may establish a fee for the issuance and renewal of a license of
16    a certified court interpreter. Any fee established under this section shall be deposited as a
17    nonlapsing dedicated credit to the Judicial Council.
18        (3) If the court appoints an interpreter, the court may assess all or part of the fees and costs
19    of the interpreter against the person for whom the service is provided. The court shall not assess
20    interpreter fees or costs against a person found to be impecunious.
21        Section 26. Section 78-31b-9 is amended to read:
22         78-31b-9. Dispute Resolution Fund -- Appropriation.
23        There is created within the General Fund a restricted account known as the Dispute
24    Resolution Fund. [There is appropriated from the Dispute Resolution Fund for fiscal year
25    1994-95, $100,000 to the Administrative Office of the Courts for the purpose of implementing the
26    purposes of the Alternative Dispute Resolution Act.] Fees established in Subsections 21-1-5(1)(a)
27    through (e), (1)(g), and (1)[(s)](r) shall be allocated to and deposited in the fund. The Legislature
28    shall annually appropriate money from the Dispute Resolution Fund to the Administrative Office
29    of the Courts to implement the purposes of the Alternative Dispute Resolution Act.
30        Section 27. Repealer.
31        This act repeals:

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1        Section 30-3-19, Purpose.
2        Section 30-3-20, Definitions.
3        Section 30-3-21, When referral to mediation is required.
4        Section 30-3-22, Waiver of mandatory mediation requirement.
5        Section 30-3-23, Initial mediation session.
6        Section 30-3-24, Mediation and compliance with requirement.
7        Section 30-3-25, Prohibited issues in mediation.
8        Section 30-3-26, Creation of mandatory mediation program -- Duties of director --
9     Courts.
10        Section 30-3-27, Mediator qualifications.
11        Section 30-3-28, Mediation proceedings closed -- Information confidential -- Records
12     closed.
13        Section 30-3-29, Mediation agreement -- Order.
14        Section 30-3-30, Appropriation to pilot program to cover costs of impecunious parties.
15        Section 30-3-31, Review of pilot program.
16        Section 28. Effective date.
17        This act takes effect on July 1, 1997.
18        Section 29. Coordination clause.
19         h (1) h If this bill and H.B. 336, Bail Bond Surety Licensing, both pass, it is the intent of
19a    the
20    Legislature that H.B. 336 govern the renumbering and amending of Section 77-20-11.
20a         h (2) IF THIS BILL AND H.B. 228, REVISOR'S STATUTE, BOTH PASS, IT IS THE INTENT OF THE
20b     LEGISLATURE, THAT THE AMENDMENTS TO SECTIONS 21-1-5 AND 51-4-2 IN THIS BILL SUPERCEDE
20c     THOSE AMENDMENTS MADE TO THE SAME SECTIONS IN H.B. 228.
20d         (3) IF THIS BILL AND SUB H.B. 79, CHILD CUSTODY AND VISITATION AMENDMENTS, BOTH
20e     PASS, IT IS THE INTENT OF THE LEGISLATURE THAT THE AMENDMENT TO SECTION 30-3-15.3(2) IN
20f     SUB H.B. 79 SUPERCEDE THE AMENDMENT TO THE SAME SECTION IN THIS BILL. h




Legislative Review Note
    as of 2-5-97 1:32 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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lilac-February 27, 1997


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