S.B. 318 Enrolled

1

JUSTICE COURT MODIFICATIONS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: D. Chris Buttars
5 House Sponsor: Curtis Oda
6
7 LONG TITLE
8 General Description:
9 This bill establishes that justice courts may not be created or certified by the Judicial
10 Council unless the justice court operates a recording device in each court room.
11 Highlighted Provisions:
12 This bill:
13 . requires that when a justice court is created or certified by the Judicial Council, the
14 justice court operate a digital audio recording device; and
15 . requires that the audio recordings of justice court proceedings be maintained for a
16 minimum of one year.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78A-7-103, as renumbered and amended by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 78A-7-103 is amended to read:
27 78A-7-103. Requirements by Judicial Council for creating and certifying justice
28 courts.
29 (1) The Judicial Council has the responsibility for promulgating and publishing

30 minimum requirements both for the creation of new courts and the certification of existing
31 courts. The council shall also review requests for waiver of the minimum requirements and
32 may authorize the creation of a court by waiving compliance with minimum requirements or by
33 allowing for an extension of time to meet the minimum requirements.
34 (2) Existing justice courts shall be recertified at the end of each four-year term if they
35 continue to meet the minimum requirements for the establishment of a new court. Any existing
36 court which does not meet the minimum requirements may request a review from the council,
37 which may authorize the recertification of the court by waiving compliance with minimum
38 requirements or by allowing for an extension of time to meet those requirements.
39 (3) Notwithstanding Subsections (1) and (2), the Judicial Council may only create or
40 certify a justice court that, on or before July 1, 2012, records its proceedings with a digital
41 audio recording device and maintains the audio recordings for a minimum of one year.