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S.B. 72 Enrolled

             1     

JUSTICE COURT AMENDMENTS

             2     
2008 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Lyle W. Hillyard

             5     
House Sponsor: Kay L. McIff

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill modifies the selection and retention of justice court judges, and makes other
             10      changes.
             11      Highlighted Provisions:
             12          This bill:
             13          .    provides for a performance evaluation and retention process for all justice court
             14      judges;
             15          .    amends the jurisdiction of the district court;
             16          .    specifies compensation for justice court judges; and
             17          .    creates a county-wide judicial nominating commission to fill vacancies in justice
             18      courts.
             19      Monies Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          This bill takes effect on January 1, 2009, except that the amendments to
             23      Section78A-7-206 take effect on July 1, 2009.
             24      Utah Code Sections Affected:
             25      AMENDS:
             26          20A-12-201, as last amended by Laws of Utah 2001, Chapter 308
             27          78A-5-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
             28          78A-7-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
             29          78A-7-203, as renumbered and amended by Laws of Utah 2008, Chapter 3


             30          78A-7-206, as renumbered and amended by Laws of Utah 2008, Chapter 3
             31          78A-7-213, as renumbered and amended by Laws of Utah 2008, Chapter 3
             32      REPEALS AND REENACTS:
             33          78A-7-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
             34     
             35      Be it enacted by the Legislature of the state of Utah:
             36          Section 1. Section 20A-12-201 is amended to read:
             37           20A-12-201. Judicial appointees -- Retention elections.
             38          (1) (a) Each judicial appointee to a court [of record] is subject to an unopposed
             39      retention election at the first general election held more than three years after the judge or
             40      justice was appointed.
             41          (b) After the first retention election:
             42          (i) each Supreme Court justice shall be on the regular general election ballot for an
             43      unopposed retention election every tenth year; and
             44          (ii) each judge of other courts [of record] shall be on the regular general election ballot
             45      for an unopposed retention election every sixth year.
             46          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the
             47      year the justice or judge is subject to a retention election:
             48          (i) file a declaration of candidacy as if a candidate for multi-county office in accordance
             49      with Section 20A-9-202 ; and
             50          (ii) pay a filing fee of $50.
             51          (b) Each [county] justice court judge who wishes to retain office shall, in the year the
             52      justice [or] court judge is subject to a retention election:
             53          (i) file a declaration of candidacy as if a candidate for county office in accordance with
             54      Section 20A-9-202 ; and
             55          (ii) pay a filing fee of $25.
             56          (3) (a) The lieutenant governor shall, by September 1 of each regular general election
             57      year:


             58          (i) transmit a certified list containing the names of the justices of the Supreme Court and
             59      judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
             60          (ii) transmit a certified list containing the names of judges of other courts declaring their
             61      candidacy to the county clerk of each county in the geographic division in which the judge filing
             62      the declaration holds office.
             63          (b) Each county clerk shall place the names of justices and judges standing for retention
             64      election in the nonpartisan section of the ballot.
             65          (4) At the general election, the ballots shall contain, as to each justice or judge of any
             66      court to be voted on in the county, the following question:
             67          "Shall ______________________________(name of justice or judge) be retained in the
             68      office of ___________________________?" (name of office, such as "Justice of the Supreme
             69      Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
             70      Third Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District";
             71      "[County] Justice Court Judge of (name of county) County or (name of municipality)")
             72          Yes ()
             73          No ()."
             74          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
             75      is retained for the term of office provided by law.
             76          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
             77      judge is not retained, and a vacancy exists in the office on the first Monday in January after the
             78      regular general election.
             79          (6) A justice or judge not retained is ineligible for appointment to the office for which
             80      the justice or judge was defeated until after the expiration of that term of office.
             81          Section 2. Section 78A-5-102 is amended to read:
             82           78A-5-102. Jurisdiction -- Appeals.
             83          (1) The district court has original jurisdiction in all matters civil and criminal, not
             84      excepted in the Utah Constitution and not prohibited by law.
             85          (2) The district court judges may issue all extraordinary writs and other writs necessary


             86      to carry into effect their orders, judgments, and decrees.
             87          (3) The district court has jurisdiction over matters of lawyer discipline consistent with
             88      the rules of the Supreme Court.
             89          (4) The district court has jurisdiction over all matters properly filed in the circuit court
             90      prior to July 1, 1996.
             91          (5) The district court has appellate jurisdiction to adjudicate trials de novo of the
             92      judgments of the justice court and of the small claims department of the district court.
             93          (6) Appeals from the final orders, judgments, and decrees of the district court are under
             94      Sections 78A-3-102 and 78A-4-103 .
             95          (7) The district court has jurisdiction to review:
             96          (a) agency adjudicative proceedings as set forth in Title 63, Chapter 46b, Administrative
             97      Procedures Act, and shall comply with the requirements of that chapter, in its review of agency
             98      adjudicative proceedings; and
             99          (b) municipal administrative proceedings in accordance with Section 10-3-703.7 .
             100          (8) Notwithstanding Subsection (1), the district court has subject matter jurisdiction in
             101      class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if:
             102          (a) there is no justice court with territorial jurisdiction;
             103          (b) the offense occurred within the boundaries of the municipality in which the district
             104      courthouse is located and that municipality has not formed, or formed and then dissolved, a
             105      justice court; or
             106          (c) they are included in an indictment or information covering a single criminal episode
             107      alleging the commission of a felony or a class A misdemeanor.
             108          (9) The district court has jurisdiction of actions under Title 78B, Chapter 7, Part 2,
             109      Child Protective Orders, if the juvenile court transfers the case to the district court.
             110          Section 3. Section 78A-7-201 is amended to read:
             111           78A-7-201. Justice court judge eligibility -- Mandatory retirement -- Service after
             112      retirement.
             113          (1) A [county] justice court judge shall be:


             114          (a) a citizen of the United States;
             115          (b) 25 years of age or older;
             116          (c) a resident of Utah for at least three years immediately preceding his appointment;
             117          (d) a resident of the [precinct for] county in which [chosen] the court is located or an
             118      adjacent county for at least six months immediately preceding appointment; and
             119          (e) a qualified voter of the [precinct for] county in which [chosen] the judge resides.
             120          [(2) A municipal justice court judge shall be:]
             121          [(a) a citizen of the United States;]
             122          [(b) 25 years of age or older;]
             123          [(c) a resident of Utah for at least three years immediately preceding appointment;]
             124          [(d) a resident of the county in which the municipality is located or an adjacent county
             125      for at least six months immediately preceding appointment; and]
             126          [(e) a qualified voter of the county of residence.]
             127          [(3)] (2) Justice court judges are not required to be admitted to practice law in the state
             128      as a qualification to hold office but shall have at the minimum a diploma of graduation from high
             129      school or its equivalent. [This requirement does not apply to justice court judges holding office
             130      on July 1, 1989, who successfully complete continuing education requirements under Section
             131      78A-7-205 .]
             132          [(4)] (3) A justice court judge shall be a person who has demonstrated maturity of
             133      judgment, integrity, and the ability to understand and apply appropriate law with impartiality.
             134          [(5) (a) Except as provided in Subsections (b) and (c), a county or municipal justice]
             135          (4) Justice court [judge] judges shall retire upon attaining the age of 75 years.
             136          [(b) A county justice court judge serving on July 1, 1996, who is 75 years of age or
             137      older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February
             138      1999, may not be a candidate in the 1998 judicial retention elections and shall retire on or
             139      before the first Monday in February 1999.]
             140          [(c) A municipal justice court judge serving on July 1, 1996, who is 75 years of age or
             141      older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February


             142      2000, may not be reappointed and shall retire on or before the first Monday in February 2000.]
             143          [(6)] (5) (a) A justice court judge whose tenure in office has terminated due to
             144      retirement and who is physically and mentally able to perform the duties of the office may hear a
             145      case as prescribed by rule of the Supreme Court.
             146          (b) The retired justice court judge shall take and subscribe an oath of office only upon
             147      the first appointment. The retired justice court judge shall receive reasonable compensation for
             148      services as set by local ordinance of the municipality or county.
             149          Section 4. Section 78A-7-202 is repealed and reenacted to read:
             150          78A-7-202. Justice court judges to be appointed -- Procedure -- Retention.
             151          (1) As used in this section:
             152          (a) "Local government executive" means:
             153          (i) the chair of the county commission in counties having the county commission form
             154      of county government;
             155          (ii) the county executive in counties having the county executive-council form of
             156      government;
             157          (iii) the chair of the city council or town council in municipalities having the traditional
             158      management arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
             159          (iv) the city manager, in the council-manager optional form of government defined in
             160      Section 10-3-101 ; and
             161          (v) the mayor, in the council-mayor optional form of government defined in Section
             162      10-3-101 .
             163          (b) "Local legislative body" means:
             164          (i) the county commission or county council; and
             165          (ii) the city council or town council.
             166          (2) There is created in each county a county justice court nominating commission to
             167      review applicants and make recommendations to the appointing authority for a justice court
             168      position. The commission shall be convened when a new justice court judge position is created
             169      or when a vacancy in an existing court occurs for a justice court located within the county.


             170          (a) Membership of the justice court nominating commission shall be as follows:
             171          (i) one member appointed by:
             172          (A) the county commission if the county has a county commission form of government;
             173      or
             174          (B) the county executive if the county has an executive-council form of government;
             175          (ii) one member appointed by the municipalities in the counties as follows:
             176          (A) if the county has only one municipality, appointment shall be made by the governing
             177      authority of that municipality; or
             178          (B) if the county has more than one municipality, appointment shall be made by a
             179      municipal selection committee composed of the mayors of each municipality in the county;
             180          (iii) one member appointed by the county bar association; and
             181          (iv) two members appointed by the governing authority of the jurisdiction where the
             182      judicial office is located.
             183          (b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall be
             184      appointed by the regional bar association. If no regional bar association exists, the state bar
             185      association shall make the appointment.
             186          (c) Members appointed under Subsections (2)(a)(i) and (ii) may not be an elected
             187      official of the county or municipality.
             188          (d) The nominating commission shall submit at least two names to the appointing
             189      authority of the jurisdiction expected to be served by the judge. The local government
             190      executive shall appoint a judge from the list submitted and the appointment ratified by the local
             191      legislative body.
             192          (e) The state court administrator shall provide staff to the commission. The Judicial
             193      Council shall establish rules and procedures for the conduct of the commission.
             194          (3) Judicial vacancies shall be advertised in a newspaper of general circulation, through
             195      the Utah State Bar, and other appropriate means.
             196          (4) Selection of candidates shall be based on compliance with the requirements for
             197      office and competence to serve as a judge.


             198          (5) Once selected, the Judicial Council shall certify the judge as qualified to hold office
             199      upon successful completion of the orientation program.
             200          (6) The selection of a person to fill the office of justice court judge is effective upon
             201      certification of the judge by the Judicial Council. A justice court judge may not perform judicial
             202      duties until certified by the Judicial Council.
             203          (7) Upon the expiration of a justice court judge's term of office, the judge shall be
             204      subject to an unopposed retention election in the county or counties in which the court to which
             205      the judge is appointed is located, in accordance with the procedures set forth in Section
             206      20A-12-201 .
             207          (8) Before each retention election, each justice court judge shall be evaluated in
             208      accordance with the performance evaluation program established in Subsection 78A-2-104 (5).
             209          Section 5. Section 78A-7-203 is amended to read:
             210           78A-7-203. Term of office for justice court judge.
             211          (1) [(a)] The term of a [county] justice court judge is [four] six years beginning the first
             212      Monday in [February 1991.] January 2010.
             213          [(b)] (2) Judges holding office [when this act takes effect] or appointed to fill any
             214      vacancy before January 1, 2009 hold office until [reappointed or a successor is appointed and
             215      certified by the Judicial Council] the next general election.
             216          [(2) (a) The term of office of a municipal justice court judge is four years, beginning the
             217      first Monday in February 1992.]
             218          [(b) Judges holding office when this section takes effect or appointed to fill any vacancy
             219      hold office until reappointed or a successor is appointed and certified by the Judicial Council.]
             220          (3) (a) Notwithstanding Section 20A-12-201 , any municipal justice court judge holding
             221      office on January 1, 2009 may serve out their current term if the judge:
             222          (i) stands for retention election in 2010, and is not retained in that election; or
             223          (ii) chooses not to stand for election in 2010.
             224          (b) A vacancy shall then exist in the office on the first Monday in February 2012.
             225          Section 6. Section 78A-7-206 is amended to read:


             226           78A-7-206. Determination of compensation and limits -- Salary survey -- Limits
             227      on secondary employment.
             228          (1) [(a)] Every justice court judge shall be paid a fixed compensation determined by the
             229      governing body of the respective municipality or county [taking into consideration
             230      recommendations of the office of the state court administrator as provided in Subsection (2)].
             231          (a) The governing body of the municipality or county may not set a full-time justice
             232      court judge's salary at less than 50% nor more than 90% of a district court judge's salary.
             233          (b) The governing body of the municipality or county shall set a part-time justice court
             234      judge's salary as follows:
             235          (i) The governing body shall first determine the full-time salary range outlined in
             236      Subsection (1)(a).
             237          (ii) The caseload of a part-time judge shall be determined by the office of the state court
             238      administrator and expressed as a percentage of the caseload of a full-time judge.
             239          (iii) The judge's salary shall then be determined by applying the percentage determined
             240      in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).
             241          (c) A justice court judge shall receive an annual salary adjustment at least equal to the
             242      average salary adjustment for all county or municipal employees for the jurisdiction served by
             243      the judge.
             244          [(i) A] (d) Notwithstanding Subsection (1)(c), a justice court judge [employed by one
             245      entity] may not receive a salary greater than [85%] 90% of the salary of a district court judge.
             246          [(ii)] (e) A justice court judge employed by more than one entity as a justice court
             247      judge, may not receive a total salary for service as a justice court judge greater than the salary
             248      of a district court judge.
             249          [(b) The compensation shall be comprised of a monthly salary and shall be computed
             250      upon the number of hours, days, or other periods of time that the justice court judge is to be
             251      available to perform all judicial functions.]
             252          [(2) (a) The state court administrator with the approval of the Judicial Council shall
             253      survey areas of the state relating to the functions and activities of the justice courts, taking into


             254      consideration the diverse economic factors of the various localities of the justice courts, and
             255      develop recommended monthly salaries. These recommendations shall be furnished to the
             256      governing bodies of the municipalities and the counties to assist them in determining salaries.]
             257          [(b) The state court administrator may make studies concerned with the economic as
             258      well as administrative feasibility to encourage the various political subdivisions to utilize the
             259      same person or persons to act as justice court judges for their several jurisdictions and to assist
             260      political subdivisions desiring to enter into agreements for that purpose.]
             261          [(3)] (2) A justice court judge may not appear as an attorney in any criminal matter in a
             262      federal, state, or justice court or appear as an attorney in any justice court or in any juvenile
             263      court case involving conduct which would be criminal if committed by an adult.
             264          [(4)] (3) A justice court judge may not hold any office or employment including
             265      contracting for services in any justice agency of state government or any political subdivision of
             266      the state including law enforcement, prosecution, criminal defense, corrections, or court
             267      employment.
             268          [(5)] (4) A justice court judge may not hold any office in any political party or
             269      organization engaged in any political activity or serve as an elected official in state government
             270      or any political subdivision of the state.
             271          [(6)] (5) A justice court judge may not own or be employed by any business entity
             272      which regularly litigates in small claims court.
             273          [(7)] (6) Any judge who violates this section is subject to removal by the Judicial
             274      Conduct Commission under Title 78A, Chapter 11, Judicial Conduct Commission.
             275          Section 7. Section 78A-7-213 is amended to read:
             276           78A-7-213. Trial facilities -- Hours of business.
             277          (1) A justice court judge shall conduct all official court business in a courtroom or
             278      office located in a public facility which is conducive and appropriate to the administration of
             279      justice.
             280          (2) Each county, city, or town shall provide adequate courtroom and auxiliary space for
             281      the justice court. The facility need not be specifically constructed for or allocated solely for the


             282      justice court if existing facilities adequately serve the purposes of the justice court.
             283          (3) [County and municipal justice] Justice courts shall be open and judicial business
             284      shall be transacted:
             285          (a) five days per week; or
             286          (b) no less than four days per week for at least 11 hours per day.
             287          (4) The legislative body of the county, city, or town shall establish operating hours for
             288      the justice courts within the requirements of Subsection (3) and the code of judicial
             289      administration.
             290          (5) The hours the courts are open shall be posted conspicuously at the courts and in
             291      local public buildings.
             292          (6) The clerk of the court and judges of [county and municipal] justice courts shall
             293      attend the court at regularly scheduled times.
             294          (7) By July 1, 2011, all justice courts shall use a common case management system and
             295      disposition reporting system as specified by the Judicial Council.
             296          Section 8. Effective date.
             297          This bill takes effect on January 1, 2009, except that the amendments to Section
             298      78A-7-206 in this bill take effect on July 1, 2009.


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