H.B. 82

1

PAYMENT FOR BAILIFF AND OTHER
2 SERVICES IN COURTS OF RECORD
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Jack A. Seitz
6 This act modifies provisions relating to contracts between the state court administrator and
7 county sheriffs dealing with the costs of providing bailiffs and building security officers in
8 certain courts. The act expands the courts that are to be covered by those contracts.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17-22-27, as last amended by Chapter 282, Laws of Utah 1998
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17-22-27 is amended to read:
14 17-22-27. Sheriff -- Assignment of court bailiffs -- Contract and costs.
15 (1) The sheriff shall assign law enforcement officers or special function officers, as defined
16 under Sections 53-13-103 and 53-13-105 , to serve as court bailiffs and security officers in the
17 courts of record and county justice courts as required by the rules of the Judicial Council.
18 (2) (a) The state court administrator shall enter into a contract with the county sheriff for
19 bailiffs and building security officers for [the district] courts of record within the county. The
20 contract shall not exceed amounts appropriated by the Legislature for that purpose. The county
21 shall assume costs related to security administration, supervision, travel, equipment, and training
22 of bailiffs.
23 (b) The contract shall specify the agreed services, costs of services, and terms of payment.
24 (c) If the court is located in the same facility as a state or local law enforcement agency
25 and the county sheriff's office is not in close proximity to the court, the State Court Administrator
26 in consultation with the sheriff may enter into a contract with the state or local law enforcement
27 agency for bailiff and security services subject to meeting all other requirements of this section.

28 If the services are provided by another agency, the county sheriff shall have no responsibility for
29 the services under this section.
30 (3) (a) At the request of the court, the sheriff may appoint as a law clerk bailiff graduates
31 of a law school accredited by the American Bar Association to provide security and legal research
32 assistance. Any law clerk who is also a bailiff shall meet the requirements of Subsection (1) of this
33 section.
34 (b) The sheriff may appoint a law clerk bailiff by contract for a period not to exceed two
35 years, who shall be exempt from the deputy sheriff merit service commission.




Legislative Review Note
as of 1-10-01 2:14 PM

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

Office of Legislative Research and General Counsel