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S.B. 219

This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 17, 2004 at 3:59 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 17, 2004 at 4:00 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 17, 2004 at 4:02 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Wed, Feb 18, 2004 at 10:55 AM by rday. --> This document includes House Committee Amendments incorporated into the bill on Mon, Feb 23, 2004 at 2:14 PM by kholt. -->              1     

AMENDMENTS TO JUSTICE COURT

             2     
OPERATIONS

             3     
2004 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Ed P. Mayne

             6     

             7      LONG TITLE
             8      General Description:
             9          This bill allows municipal and county justice courts to operate four days per week with
             10      expanded hours.
             11      Highlighted Provisions:
             12          This bill:
             13          .    allows municipal and county justice courts to be open to transact judicial business
             14      for no less than four days per week for at least 11 hours per day.
             15      Monies Appropriated in this Bill:
             16          None
             17      Other Special Clauses:
             18          None
             19      Utah Code Sections Affected:
             20      AMENDS:
             21          78-5-108, as enacted by Chapter 157, Laws of Utah 1989
             22     

             23      Be it enacted by the Legislature of the state of Utah:
             24          Section 1. Section 78-5-108 is amended to read:
             25           78-5-108. Trial facilities -- Hours of business.
             26          (1) A justice court judge shall conduct all official court business in a courtroom or
             27      office located in a public facility which is conducive and appropriate to the administration of



Text Box

House Committee Amendments 2-23-2004 kh/ecm

Corrected Senate 3rd Reading Amendments 2-18-2004 rd/ecm

- 2 -
Senate 3rd Reading Amendments 2-17-2004 rd/ecm
             28
     justice.
             29          (2) Each county, city, or town shall provide adequate courtroom and auxiliary space for
             30      the justice court. The facility need not be specifically constructed for or allocated solely for the
             31      justice court if existing facilities adequately serve the purposes of the justice court.
             32          (3) H [ [ ] County [ ] ] [ Notwithstanding Subsection 78-3-24 (10), county ] h and municipal
             32a      justice
             33      courts shall be open and judicial business shall be transacted [every day except as provided by
             34      law including the provisions of Section 78-3-24 regarding court administration.]:
             35          (a) five days per week; or
             36          (b) no less than four days per week for at least 11 hours per day.
             37           S (4) THE LEGISLATIVE BODY OF THE COUNTY, CITY, OR TOWN SHALL ESTABLISH
             37a      OPERATING HOURS FOR THE JUSTICE COURTS WITHIN THE REQUIREMENTS OF SUBSECTION (3)
             37b1      H AND THE CODE OF JUDICIAL ADMINISTRATION h .
             37b      [ (4) ] (5) s The hours the courts are open shall be posted conspicuously at the courts and in
             38      local public buildings. [The judges of county and municipal courts shall attend the court at
             39      regularly scheduled times.]
             40           S [ (5) ] (6) s The clerk of the court and judges of county and municipal courts shall attend the
             41      court at regularly scheduled times H [ S AS ESTABLISHED BY THE LEGISLATIVE BODY s ] h .





Legislative Review Note
    as of 2-4-04 11:28 AM


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

Office of Legislative Research and General Counsel


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