H.B. 60 Enrolled

JUSTICE COURT AMENDMENTS
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Brent H. Goodfellow
This act modifies the Judicial Code by eliminating the salary cap for Justice Court judges.
The act also changes who appoints Justice Court judges in municipalities with the
council-manager form of government from the chair of the city council to the city manager.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-5-128, as last amended by Chapter 148, Laws of Utah 2000
78-5-134, as last amended by Chapter 313, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-5-128 is amended to read:
78-5-128. Determination of compensation and limits -- Salary survey -- Limits on
secondary employment.
(1) (a) Every justice court judge shall be paid a fixed compensation determined by the
governing body of the respective municipality or county taking into consideration
recommendations of the office of the state court administrator as provided in Subsection (2)[, but
in no case may the salary for a justice court judge be an amount greater than 72% of the salary of
a district court judge].
(i) A justice court judge employed by one entity may not receive a salary greater than 85%
of the salary of a district court judge.
(ii) A justice court judge employed by more than one entity as a justice court judge, may
not receive a total salary for service as a justice court judge greater than the salary of a district
court judge.
(b) The compensation shall be comprised of a monthly salary and shall be computed upon
the number of hours, days, or other periods of time that the justice court judge is to be available
to perform all judicial functions.
(2) (a) The state court administrator with the approval of the Judicial Council shall survey

areas of the state relating to the functions and activities of the justice courts, taking into consideration
the diverse economic factors of the various localities of the justice courts, and develop recommended
monthly salaries. These recommendations shall be furnished to the governing bodies of the
municipalities and the counties to assist them in determining salaries.
(b) The state court administrator may make studies concerned with the economic as well as
administrative feasibility to encourage the various political subdivisions to utilize the same person
or persons to act as justice court judges for their several jurisdictions and to assist political
subdivisions desiring to enter into agreements for that purpose.
(3) A justice court judge may not appear as an attorney in any criminal matter in a federal,
state, or justice court or appear as an attorney in any justice court or in any juvenile court case
involving conduct which would be criminal if committed by an adult.
(4) A justice court judge may not hold any office or employment including contracting for
services in any justice agency of state government or any political subdivision of the state including
law enforcement, prosecution, criminal defense, corrections, or court employment.
(5) A justice court judge may not hold any office in any political party or organization
engaged in any political activity or serve as an elected official in state government or any political
subdivision of the state.
(6) A justice court judge may not own or be employed by any business entity which regularly
litigates in small claims court.
(7) Any judge who violates this section is subject to removal by the Judicial Conduct
Commission under Title 78, Chapter 8, Judicial Conduct Commission and Supreme Court Oversight
of Judges.
Section 2. Section 78-5-134 is amended to read:
78-5-134. Justice court judges to be appointed -- Procedure -- Report to Judicial
Council -- Retention election -- Vacancy.
(1) As used in this section:
(a) "Appointing authority" means:
(i) the chair of the county commission in counties having the county commission form of

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county government;
(ii) the county executive in counties having the county executive-council form of
government;
(iii) the chair of the city commission, city council, or town council in municipalities having[:
(A)] the traditional management arrangement established by Title 10, Chapter 3, Part 1, Governing
Body; [and]
[(B)] (iv) the city manager, in the council-manager optional form of government defined in
Section 10-3-1209 ; and
[(iv)] (v) the mayor, in the council-mayor optional form of government defined in Section
10-3-1209 [; and].
(b) "Local legislative body" means:
(i) the county commission or county council; and
(ii) the city commission, city council, or town council.
(2) Justice court judges shall be appointed by the appointing authority and confirmed by a
majority vote of the local legislative body.
(3) (a) After a newly appointed justice court judge has been confirmed, the local legislative
body shall report the confirmed judge's name to the Judicial Council.
(b) The Judicial Council shall certify the judge as qualified to hold office upon successful
completion of the orientation program and upon the written opinion of the county or municipal
attorney that the judge meets the statutory qualifications for office.
(c) A justice court judge may not perform judicial duties until certified by the Judicial
Council.
(4) Upon the expiration of a county justice court judge's term of office the judge shall be
subject to an unopposed retention election in accordance with the procedures set forth in Section
20A-12-201 .
(5) Upon the expiration of a municipal justice court judge's term of office a municipal justice
court judge shall be reappointed absent a showing of good cause by the appointing authority.
(a) If an appointing authority asserts good cause to not reappoint a municipal justice court

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judge, at the request of the judge, the good cause shall be presented at a formal hearing of the local
legislative body.
(b) The local legislative body shall determine by majority vote whether good cause exists
not to reappoint the municipal justice court judge.
(c) The decision of the local legislative body is not subject to appeal.
(d) In determining whether good cause exists to not reappoint a municipal justice court
judge, the appointing authority and local legislative body shall consider:
(i) whether or not the judge has been certified as meeting the evaluation criteria for judicial
performance established by the Judicial Council; and
(ii) any other factors considered relevant by the appointing authority.
(6) Before reappointment or retention election, each justice court judge shall be evaluated
in accordance with the performance evaluation program established in Subsection 78-3-21 (4).
(7) (a) At the conclusion of a term of office or when a vacancy occurs in the position of
justice court judge, the appointing authority may contract with a justice court judge in the county or
an adjacent county to serve as justice court judge.
(b) The contract shall be for the duration of the justice court judge's term of office.
(8) Vacancies in the office of justice court judge shall be filled as provided in Section
20A-1-506 .

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