Second Substitute H.B. 10

1

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 AND COUNTIES; MODIFYING THE
6 STANDARDS AND PROCEDURE FOR THE CREATION AND RECERTIFICATION OF
7 JUSTICE COURTS; MODIFYING THE AUTHORITY OF A MUNICIPALITY AND A
8 COUNTY TO CREATE A JUSTICE COURT; MODIFYING THE JUDICIAL COUNCIL'S
9 RESPONSIBILITIES WITH RESPECT TO JUSTICE COURTS; AND MAKING
10 TECHNICAL CORRECTIONS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-3-923, as last amended by Chapter 198, Laws of Utah 1996
14 78-5-102, as last amended by Chapters 6 and 227, Laws of Utah 1993
15 78-5-139, as enacted by Chapter 157, Laws of Utah 1989
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 10-3-923 is amended to read:
18 10-3-923. Authority of municipality to create justice court.
19 (1) [A] (a) The legislative body of a municipality may [create a justice court under Title
20 78, Chapter 5.]:
21 [(2) Except under the provisions of Section 78-5-139, a justice court established under this
22 section shall not be eliminated prior to December 31, 1992, without the approval of the
23 Legislature.]
24 [(3) The governing body of the municipality shall petition the Legislature to adopt a joint
25 resolution to approve the dissolution of the justice court.]
26 [(4) (a) Notwithstanding any other provision of law, the following municipalities may elect
27 to assume local responsibility for those matters within the exclusive jurisdiction of the justice

1 courts: Brigham City, Logan, Ogden, Roy, Clearfield, Layton, Bountiful, Kaysville, Salt Lake
2 City, Murray, Sandy, West Valley City, Tooele, Park City, Orem, Provo, Spanish Fork, American
3 Fork, Elk Ridge, Salem, Cedar City, St. George, Richfield, Price, Moab, Vernal, and Roosevelt.]
4 [(b) If municipality does not elect to assume local responsibility under Subsection (a), the
5 district court of the county shall have the same jurisdiction as the justice courts.]
6 [(5) Election by these municipalities shall be made effective on January 1, 1992, by written
7 declaration delivered to the Judicial Council on or before July 1, 1991. Municipalities not electing
8 to assume local responsibility for the jurisdiction of the justice courts on January 1, 1992, may
9 make such an election effective on July 1 of any even-numbered year starting in 1994 by written
10 declaration delivered to the Judicial Council at least one year prior to the effective date of the
11 election.]
12 [(6) Once made, the election of a municipality to assume local responsibility for the
13 jurisdiction of the justice court may not be revoked without the prior approval of the Legislature.
14 To obtain the approval of the Legislature, the governing authority of the municipality shall petition
15 the Legislature to adopt a joint resolution to approve the revocation. The municipality shall also
16 provide notice to the Judicial Council not later than the July 1 immediately prior to the general
17 session of its intent to seek legislative approval.]
18 [(7) (a) For the purposes of this section, to "assume local responsibility for the jurisdiction
19 of the justice court" means to:]
20 (i) establish a justice court within the municipality;
21 (ii) establish a justice court under Title 11, Chapter 13, Interlocal Co-operation Act; or
22 (iii) [adjudicate those] have matters within the jurisdiction of the justice court adjudicated
23 in the county precinct justice court.
24 [(b) Except as provided in Subsections (2) and (3), a municipality may amend its method
25 of assuming local responsibility for the jurisdiction of the justice court without legislative
26 approval.]
27 (b) In determining whether to create a justice court under Subsection (1)(a)(i) or (ii), the
28 legislative body of each municipality shall consider factors of population, case filings, public
29 convenience, availability of law enforcement agencies and court support services, accessibility to
30 other courts, and special circumstances that establish a need for a justice court.
31 (c) The legislative body of each municipality intending to establish a justice court shall

- 2 -

1 give the Judicial Council written notice of its intent to establish a justice court at least six months
2 before the establishment of the court.
3 (2) Each municipal justice court and each justice court established under Subsection
4 (1)(a)(ii) shall comply with the minimum operational requirements established by the Judicial
5 Council under Section 78-5-139, except as waived by the Judicial Council under Subsection
6 78-5-139(1)(b).
7 (3) (a) A municipality's legislative body may not dissolve a justice court without the prior
8 approval of the Legislature.
9 (b) To obtain the approval of the Legislature, the municipality's legislative body shall
10 petition the Legislature to adopt a joint resolution to approve the dissolution.
11 (c) (i) The municipality's legislative body shall provide written notice to the Judicial
12 Council of the legislative body's intent to dissolve the justice court.
13 (ii) The notice required under Subsection (3)(c)(i) shall be given no later than July 1 of the
14 year preceding the general session of the Legislature at which the municipality intends to seek
15 legislative approval.
16 (4) If a municipality does not establish a justice court or have matters within the
17 jurisdiction of the justice court adjudicated in the county precinct justice court under Subsection
18 (1)(a), the district court of the county in which the municipality is located shall have the same
19 jurisdiction as the justice courts.
20 [(8) It is the intent of the Legislature that the Judicial Council by rule provide resources
21 and procedures adequate for the timely disposition of all matters brought before the courts. It is
22 the intent of the Legislature that based on the allocation of responsibility between courts of record
23 and not of record, the administrative office of the courts and local governments cooperate in
24 allocating resources to operate the courts in the most efficient and effective manner.]
25 Section 2. Section 78-5-102 is amended to read:
26 78-5-102. Offices of justice court judges.
27 (1) Justice court judges holding office in:
28 (a) county precincts are county justice court judges; and
29 (b) cities or towns are municipal justice court judges.
30 (2) With the concurrence of the governing bodies of both the county and municipality, a
31 justice court judge may hold both the offices of county and municipal justice court judge.

- 3 -

1 (3) The county legislative body may establish a single precinct or divide the county into
2 multiple precincts to create county justice courts for public convenience.
3 (4) (a) The county governing body may assign as many justice court judges to a precinct
4 as required for efficient judicial administration.
5 (b) If more than one judge is assigned to a precinct, any citations, informations, or
6 complaints within that precinct shall be assigned to the judges at random.
7 (5) A municipality or county may contract with any other municipality or municipalities
8 within the county under Title 11, Chapter 13, Interlocal Cooperation Act, to establish a justice
9 court. A justice court established under Title 11, Chapter 13, shall meet the unwaived minimum
10 operational requirements for certification under Section 78-5-139. A justice court established
11 under Title 11, Chapter 13, shall have territorial jurisdiction as if established separately.
12 (6) Counties have the same rights and restraints as provided for municipalities under
13 Section 10-3-923 with respect to [assuming responsibility for the jurisdiction of] establishing and
14 dissolving justice courts [provided in Section 10-3-923].
15 Section 3. Section 78-5-139 is amended to read:
16 78-5-139. Minimum operational requirements by Judicial Council -- Recertification
17 of justice courts.
18 (1) The Judicial Council [has the responsibility for promulgating]:
19 (a) shall:
20 (i) promulgate and [publishing] publish minimum operational requirements [both] for [the
21 creation of new courts and the certification of existing] justice courts[. The Judicial Council shall
22 consider factors of population, case filings, public convenience, availability of law enforcement
23 agencies and court support services, proximity to other courts, and special circumstances which
24 establish a need for the court in developing the minimum requirements for creation of a new
25 court.];
26 (ii) review requests for waiver of the minimum operational requirements; and
27 (iii) recertify each existing justice court at the end of each four-year term if the court
28 continues to meet the unwaived minimum operational requirements established under Subsection
29 (1)(a)(i); and
30 (b) may, upon request from a justice court that does not meet the minimum operational
31 requirements, waive compliance with minimum requirements or allow an extension of time to

- 4 -

1 meet those requirements.
2 [(2) Any municipality or county which meets the minimum requirements may create a
3 justice court. The council shall also review requests for waiver of the minimum requirements and
4 may authorize the creation of a court by waiving compliance with minimum requirements or by
5 allowing for an extension of time to meet the minimum requirements.]
6 [(3) Existing justice courts shall be recertified at the end of each four-year term if they
7 continue to meet the minimum requirements for the establishment of a new court. Any existing
8 court which does not meet the minimum requirements may request a review from the council,
9 which may authorize the recertification of the court by waiving compliance with minimum
10 requirements or by allowing for an extension of time to meet those requirements.]
11 (2) It is the intent of the Legislature that the Judicial Council by rule provide resources and
12 procedures adequate for the timely disposition of all matters brought before the courts. It is the
13 intent of the Legislature that, based on the allocation of responsibility between courts of record and
14 not of record, the administrative office of the courts and local governments cooperate in allocating
15 resources to operate the courts in the most efficient and effective manner.

- 5 -