First Substitute H.B. 252

Representative A. Lamont Tyler proposes to substitute the following bill:

1 JUDICIARY AMENDMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: A. Lamont Tyler
5 This act modifies provisions relating to the Judiciary. The act changes the way judges
6 declare their intent to stand for retention election. The act also changes who should file the
7 declaration of intent from only judges of courts of record, to all judges and justices. This act
8 clarifies conflicting provisions regarding the depositing of public funds from justice courts
9 and changes the jury service requirement from five days every two years to one day, with
10 exceptions.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 20A-12-201, as last amended by Chapter 183, Laws of Utah 1997
14 78-5-135, as last amended by Chapter 7, Laws of Utah 1991, Second Special Session
15 78-46-12, as last amended by Chapter 219, Laws of Utah 1992
16 78-46-15, as last amended by Chapter 219, Laws of Utah 1992
17 78-46-19, as last amended by Chapter 159, Laws of Utah 1993
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 20A-12-201 is amended to read:
20 20A-12-201. Judicial appointees -- Retention elections.
21 (1) (a) Each appointee to a court of record is subject to an unopposed retention election
22 at the first general election held more than three years after the judge or justice was appointed.
23 (b) After the first retention election:
24 (i) each Supreme Court justice shall be on the regular general election ballot for an
25 unopposed retention election every tenth year; and

26 (ii) each judge of other courts of record shall be on the regular general election ballot for
27 an unopposed retention election every sixth year.
28 (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the
29 year the justice or judge is subject to a retention election:
30 (i) file a declaration of candidacy as if a candidate for multi-county office in accordance
31 with Section 20A-9-202 ; and
32 (ii) pay a filing fee of $50.
33 (b) Each county justice judge who wishes to retain office shall, in the year the justice or
34 judge is subject to a retention election:
35 (i) file a declaration of candidacy as if a candidate for county office in accordance with
36 Section 20A-9-202 ; and
37 (ii) pay a filing fee of $25.
38 (3) (a) The lieutenant governor shall, by September 1 of each regular general election year:
39 (i) transmit a certified list containing the names of the justices of the Supreme Court and
40 judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
41 (ii) transmit a certified list containing the names of judges of other courts [of record]
42 declaring their candidacy to the county clerk of each county in the geographic division in which
43 the judge filing the declaration holds office.
44 (b) Each county clerk shall place the names of justices and judges standing for retention
45 election in the nonpartisan section of the ballot.
46 (4) At the general election, the ballots shall contain, as to each justice or judge of any court
47 [of record] to be voted on in the county, the following question:
48 "Shall ______________________________(name of justice or judge) be retained in the
49 office of ___________________________?" (name of office, such as "Justice of the Supreme
50 Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the Third
51 Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "County
52 Justice Court Judge of (name of county) County")
53 Yes ()
54 No ()."
55 (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge is
56 retained for the term of office provided by law.

57 (b) If the justice or judge [receives] does not receive more [no] yes votes than [yes] no
58 votes, the justice or judge is not retained, and a vacancy exists in the office on the first Monday
59 in January after the regular general election.
60 (6) A justice or judge not retained is ineligible for appointment to the office for which the
61 justice or judge was defeated until after the expiration of that term of office.
62 Section 2. Section 78-5-135 is amended to read:
63 78-5-135. Fines, fees, and forfeitures collected -- Deposits and reports -- Special
64 account -- Accounting.
65 (1) (a) Municipal justice courts shall deposit [within seven days, or more often if required
66 by the governing body, all fines, fees, costs, and forfeitures collected in an account controlled by
67 the treasurer of the municipality in which the court is located] public funds in accordance with
68 Section 51-4-2 .
69 (b) The treasurer shall report to the city recorder the sums collected and deposited. The
70 recorder shall then apportion and remit the collected proceeds as provided in Section 78-5-116 .
71 (c) The municipality shall retain all small claims filing fees including the governmental
72 filing fee for actions filed by the municipality as provided in Section 78-6-14 .
73 (2) (a) County justice courts shall deposit [within seven days, or more often if required by
74 the governing body, all fines, fees, costs, and forfeitures collected to an account controlled by the
75 treasurer of the county in which the court is located] public funds in accordance with Section
76 51-4-2 .
77 (b) The treasurer shall report to the county auditor the sums collected and deposited. The
78 auditor shall then apportion and remit the collected proceeds as provided in Section 78-5-116 .
79 (c) The county shall retain all small claims filing fees including the governmental filing
80 fee for actions filed by the county as provided in Section 78-6-14 .
81 (3) Money received or collected on any civil process or order issued from a justice court
82 shall be paid within seven days to the party entitled or authorized to receive it.
83 (4) (a) With the approval of the governing body a trust or revolving account may be
84 established in the name of the justice court and the treasurer for the deposit of money collected
85 including bail, restitution, unidentified receipts, and other money that requires special accounting.
86 (b) Disbursements from this account do not require the approval of the auditor, recorder,
87 or governing body.

88 (c) The account shall be reconciled at least quarterly by the auditor of the governing body.
89 Section 3. Section 78-46-12 is amended to read:
90 78-46-12. Qualified jury list -- Term of availability -- Juror qualification form --
91 Content -- Completion -- Penalties for failure to complete or misrepresentation -- Joint jury
92 list for court authorized.
93 (1) Prospective jurors shall be selected at random from the master jury list and, if qualified,
94 placed on the qualified jury list. A prospective juror shall remain on the qualified jury list for no
95 longer than six months or for such shorter period established by rule of the Judicial Council. The
96 qualified jury list may be used by all courts within the county, but no person shall be summoned
97 to serve as a juror in more than one court.
98 (2) The Judicial Council shall by rule govern the process for the qualification of jurors and
99 the selection of qualified jurors for voir dire.
100 (3) The state court administrator shall develop a standard form for the qualification of
101 jurors. The form shall include:
102 (a) the name, address, and daytime telephone number of the prospective juror;
103 (b) questions suitable for determining whether the prospective juror is competent under
104 statute to serve as a juror; and
105 (c) the person's declaration that the responses to questions on the qualification form are
106 true to the best of the person's knowledge[; and].
107 [(d) a statement that a willful misrepresentation of a material fact is punishable as a class
108 C misdemeanor.]
109 (4) Any prospective juror who fails to return a completed form as instructed shall be
110 directed by the court to appear before the clerk to complete the form. A person who fails to appear
111 is subject to the procedures and penalties in Section 78-46-20 .
112 (5) Any person who willfully misrepresents a material fact on a juror qualification form
113 for the purpose of avoiding or securing service as a juror is guilty of a class C misdemeanor.
114 Section 4. Section 78-46-15 is amended to read:
115 78-46-15. Excuse from jury service.
116 (1) The court, upon request of a prospective juror or on its own initiative, shall determine
117 on the basis of information provided on the juror qualification form or by interview with the
118 prospective juror, or by other competent evidence, whether the prospective juror should be excused

119 from jury service. The clerk shall enter this determination in the records of the court.
120 (2) A person may be excused from jury service by the court, at its discretion, upon a
121 showing of [a physical or mental disability rendering the person incapable of jury service,] undue
122 hardship, extreme inconvenience, [or] public necessity, or that the person is incapable of jury
123 service. The excused period may be for any period the court [deems] considers necessary.
124 Section 5. Section 78-46-19 is amended to read:
125 78-46-19. Limitations on jury service.
126 In any two-year period, a person shall not be required:
127 (1) to serve on more than one grand jury;
128 (2) to serve as both a grand and trial juror; or
129 (3) to attend court for prospective jury service as a trial juror more than [five] one court
130 [days] day, except if necessary to complete service in a particular case.