MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

20 House Building, Utah State Capitol Complex

February 5, 2016

Members Present:    Rep. LaVar Christensen, Chair

Rep. Merrill Nelson, Vice Chair

Rep. Fred C. Cox

Rep. Bruce Cutler

Rep. Brian M. Greene

Rep. Craig Hall

Rep. Brian S. King

Rep. Curtis Oda

Rep. V. Lowry Snow

Rep. Kevin J. Stratton

Rep. Mark A. Wheatley

Staff Present:            Mr. Gregg Girvan, Policy AnalystMs. Glenda VanWagenen, Committee Secretary

NOTE:   A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Christensen called the meeting to order at 2:10 p.m.

H.B. 74           Uniform Power of Attorney Act (V. L. Snow)

Rep. Snow explained the bill to the committee with the assistance of Craig Hughes, Utah State Bar.

Spoke for the bill:       Alan Ormsby, AARP of Utah

MOTION:     Rep. Snow moved to replace H.B. 74 with 1st Sub. H.B. 74. The motion passed unanimously.

MOTION:     Rep. Stratton moved to pass 1st Sub. H.B. 74 out favorably. The motion passed unanimously.

H.B. 160         Justice Court Judge Qualifications Amendments (C. Hall)

Rep. Hall explained the bill to the committee with the assistance of Maybell Romero.

Spoke for the bill:       Roger Tew, Utah League of Cities and Towns

                                    Rick Schwermer, Administrative Office of the Courts

MOTION:     Rep. Hall moved to replace H.B.160 with 1st Sub. H.B. 160. The motion passed unanimously with Rep. Wheatley absent for the vote.

House Judiciary Standing Committee

February 5, 2016

Page 2

MOTION:     Rep. Christensen moved to amend 1st Sub. H.B. 160 as follows:

1.    Page 2, Lines 32 through 35:   

32   (2) {  Justice  }  Effective May 10, 2016, justice  court judges are not required to be admitted to practice law in the state as a

33qualification to hold office but  in first, second, and third class counties judges  shall have [at the minimum a diploma of graduation from high

34school or its equivalent] a degree from a law school that makes one eligible to apply for

35admission to a bar in any state.

2.    Page 2, Line 54:  

54current term, but may not stand for retention at the end of the term.

         (8) Justice court judges in fourth, fifth, and sixth class counties shall continue to be governed by the statutory requirements in effect prior to May 10, 2016. 

The motion passed unanimously with Rep. Wheatley absent for the vote.

MOTION:     Rep. Nelson moved to amend 1st Sub. H.B. 160 as follows:

1.    Page 2, Lines 52 through 54:   

52   (7) A justice court judge sitting on the bench on January 30, 2017, who does not meet

53the qualification in Subsection (2) may continue in the judge's position until  retirement, resignation, or removal from the position  {  the end of the

54current term, but may not stand for retention at the end of the term  } .

The motion passed unanimously with Rep. Wheatley absent for the vote.

MOTION:     Rep. Stratton moved to pass 1st Sub. H.B. 160 out favorably. The motion passed unanimously with Rep. Wheatley absent for the vote.

MOTION:     Rep. Stratton moved to adjourn the meeting. The motion passed unanimously with Rep. Wheatley absent for the vote.

Chair Christensen adjourned the meeting at 3:57 p.m.