First Substitute H.B. 10

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MUNICIPAL AUTHORIZATION FOR JUSTICE COURT
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Orville D. Carnahan
5 AN ACT RELATING TO CITIES AND TOWNS; MODIFYING THE STANDARDS FOR THE
6 CREATION AND RECERTIFICATION OF JUSTICE COURTS; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 10-3-923, as last amended by Chapter 198, Laws of Utah 1996
11 78-5-139, as enacted by Chapter 157, Laws of Utah 1989
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 10-3-923 is amended to read:
14 10-3-923. Authority of municipality to create justice court.
15 (1) A municipality may create a justice court under Title 78, Chapter 5.
16 (2) Except under the provisions of Section 78-5-139, a justice court established under this
17 section shall not be eliminated prior to December 31, 1992, without the approval of the
18 Legislature.
19 (3) The governing body of the municipality shall petition the Legislature to adopt a joint
20 resolution to approve the dissolution of the justice court.
21 (4) (a) Notwithstanding any other provision of law, the following municipalities may elect
22 to assume local responsibility for those matters within the exclusive jurisdiction of the justice
23 courts: American Fork, Bountiful, Brigham City, [Logan, Ogden, Roy,] Cedar City, Clearfield,
24 [Layton, Bountiful, Kaysville, Salt Lake City, Murray, Sandy, West Valley City, Tooele, Park
25 City, Orem, Provo, Spanish Fork, American Fork,] Elk Ridge, [Salem, Cedar City, St. George,
26 Richfield, Price,] Kaysville, Layton, Logan, Moab, Murray, Ogden, Orem, Park City, Price, Provo,
27 Richfield, [Vernal, and] Roosevelt, Roy, Salem, Salt Lake City, Sandy, Spanish Fork, St. George,

1 Tooele, Vernal, and West Valley City.
2 (b) If municipality does not elect to assume local responsibility under Subsection (a), the
3 district court of the county shall have the same jurisdiction as the justice courts.
4 (5) Election by these municipalities shall be made effective on January 1, 1992, by written
5 declaration delivered to the Judicial Council on or before July 1, 1991. Municipalities not electing
6 to assume local responsibility for the jurisdiction of the justice courts on January 1, 1992, may
7 make such an election effective on July 1 of any even-numbered year starting in 1994 by written
8 declaration delivered to the Judicial Council at least one year prior to the effective date of the
9 election.
10 (6) Once made, the election of a municipality to assume local responsibility for the
11 jurisdiction of the justice court may not be revoked without the prior approval of the Legislature.
12 To obtain the approval of the Legislature, the governing authority of the municipality shall petition
13 the Legislature to adopt a joint resolution to approve the revocation. The municipality shall also
14 provide notice to the Judicial Council not later than the July 1 immediately prior to the general
15 session of its intent to seek legislative approval.
16 (7) (a) For the purposes of this section, to "assume local responsibility for the jurisdiction
17 of the justice court" means to:
18 (i) establish a justice court within the municipality;
19 (ii) establish a justice court under Title 11, Chapter 13, Interlocal Co-operation Act; or
20 (iii) adjudicate those matters within the jurisdiction of the justice court in the county
21 precinct justice court.
22 (b) Except as provided in Subsections (2) and (3), a municipality may amend its method
23 of assuming local responsibility for the jurisdiction of the justice court without legislative
24 approval.
25 (8) It is the intent of the Legislature that the Judicial Council by rule provide resources and
26 procedures adequate for the timely disposition of all matters brought before the courts. It is the
27 intent of the Legislature that based on the allocation of responsibility between courts of record and
28 not of record, the administrative office of the courts and local governments cooperate in allocating
29 resources to operate the courts in the most efficient and effective manner.
30 Section 2. Section 78-5-139 is amended to read:
31 78-5-139. Requirements by Judicial Council for creating and certifying justice

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1 courts.
2 (1) The Judicial Council [has the responsibility for promulgating]:
3 (a) shall:
4 (i) promulgate and [publishing] publish minimum requirements both for the creation of
5 new courts and for the certification of existing courts[. The Judicial Council shall];
6 (ii) in developing minimum requirements for creation of a new court, consider factors of
7 population, case filings, public convenience, availability of law enforcement agencies and court
8 support services, proximity to other courts, and special circumstances [which] that establish a need
9 for the court [in developing the minimum requirements for creation of a new court.];
10 (iii) review requests for waiver of the minimum requirements; and
11 (iv) recertify each existing justice court at the end of each four-year term if the court
12 continues to meet:
13 (A) the minimum requirements for the establishment of a new court, for a court established
14 under Subsection (2)(b)(i); or
15 (B) the requirements of Subsection (2)(b)(ii), for a court established under that subsection;
16 and
17 (b) may:
18 (i) authorize the creation of a court by waiving compliance with minimum requirements
19 or allowing an extension of time to meet the minimum requirements; and
20 (ii) upon request for a review from an existing court that does not meet the minimum
21 requirements, authorize recertification of the court by waiving compliance with minimum
22 requirements or allowing an extension of time to meet those requirements.
23 (2) [Any municipality or] (a) A county [which] that meets the minimum requirements
24 established by the Judicial Council may create a justice court. [The council shall also review
25 requests for waiver of the minimum requirements and may authorize the creation of a court by
26 waiving compliance with minimum requirements or by allowing for an extension of time to meet
27 the minimum requirements.]
28 [(3) Existing justice courts shall be recertified at the end of each four-year term if they
29 continue to meet the minimum requirements for the establishment of a new court. Any existing
30 court which does not meet the minimum requirements may request a review from the council,
31 which may authorize the recertification of the court by waiving compliance with minimum

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1 requirements or by allowing for an extension of time to meet those requirements.]
2 (b) A municipality may create a justice court if the municipality:
3 (i) meets the minimum requirements established by the Judicial Council; or
4 (ii) (A) was incorporated on or after January 1, 1992; and
5 (B) (I) has a population of over 20,000, as determined by the Governor's Office of
6 Planning and Budget; or
7 (II) during any successive six-month period, generates monthly over 200 case filings or
8 citations that are within the jurisdiction of a justice court.

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