1     
COURT FEE WAIVER AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jani Iwamoto

5     
House Sponsor: V. Lowry Snow

6     Cosponsor:
7     Todd D. Weiler


8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions relating to the waiver of court fees.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends provisions regarding an affidavit of indigency;
15          ▸     defines the term, "indigent";
16          ▸     allows court fees, costs, or security to be waived for indigent individuals;
17          ▸     requires a court to find an individual indigent under certain circumstances; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          30-3-11.3, as last amended by Laws of Utah 2018, Chapter 470
26          30-3-11.4, as last amended by Laws of Utah 2018, Chapter 470
27          41-6a-518, as last amended by Laws of Utah 2021, Chapter 83
28          78A-2-302, as last amended by Laws of Utah 2011, Chapter 366

29          78A-2-303, as renumbered and amended by Laws of Utah 2008, Chapter 3
30          78A-2-304, as renumbered and amended by Laws of Utah 2008, Chapter 3
31          78A-2-305, as last amended by Laws of Utah 2010, Chapter 226
32          78A-2-306, as renumbered and amended by Laws of Utah 2008, Chapter 3
33          78A-2-309, as last amended by Laws of Utah 2009, Chapter 146
34          78A-2-705, as last amended by Laws of Utah 2019, Chapter 326
35          78A-2-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
36          78B-5-825, as renumbered and amended by Laws of Utah 2008, Chapter 3
37          78B-6-205, as last amended by Laws of Utah 2011, Chapter 367
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 30-3-11.3 is amended to read:
41          30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
42     Curriculum -- Reporting.
43          (1) The Judicial Council shall approve and implement a mandatory course for
44     divorcing parents in all judicial districts. The mandatory course is designed to educate and
45     sensitize divorcing parties to their children's needs both during and after the divorce process.
46          (2) The Judicial Council shall adopt rules to implement and administer this program.
47          (3) (a) As a prerequisite to receiving a divorce decree, both parties are required to
48     attend a mandatory course on their children's needs after filing a complaint for divorce and
49     receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived,
50     the court may permit the divorce action to proceed.
51          (b) With the exception of a temporary restraining order pursuant to Rule 65, Utah
52     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
53     related to the divorce until the moving party completes the mandatory educational course for
54     divorcing parents required by this section.
55          (4) The court may require unmarried parents to attend this educational course when
56     those parents are involved in a visitation or custody proceeding before the court.

57          (5) The mandatory course shall instruct both parties:
58          (a) about divorce and its impacts on:
59          (i) their child or children;
60          (ii) their family relationship; and
61          (iii) their financial responsibilities for their child or children; and
62          (b) that domestic violence has a harmful effect on children and family relationships.
63          (6) The course may be provided through live instruction, video instruction, or an online
64     provider. The online and video options must be formatted as interactive presentations that
65     ensure active participation and learning by the parent.
66          (7) The Administrative Office of the Courts shall administer the course pursuant to
67     Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and
68     organize the program in each of Utah's judicial districts. The contracts shall provide for the
69     recoupment of administrative expenses through the costs charged to individual parties,
70     pursuant to Subsection (9).
71          (8) A certificate of completion constitutes evidence to the court of course completion
72     by the parties.
73          (9) (a) Each party shall pay the costs of the course to the independent contractor
74     providing the course at the time and place of the course. A fee of $8 shall be collected, as part
75     of the course fee paid by each participant, and deposited in the Children's Legal Defense
76     Account, described in Section 51-9-408.
77          (b) Each party who is unable to pay the costs of the course may attend the course
78     without payment upon a prima facie showing of [impecuniosity] indigency as evidenced by an
79     affidavit of [impecuniosity] indigency filed in the district court in accordance with Section
80     78A-2-302. In those situations, the independent contractor shall be reimbursed for [its] the
81     independent contractor's costs from the appropriation to the Administrative Office of the
82     Courts for "Mandatory Educational Course for Divorcing Parents Program." Before a decree of
83     divorce may be entered, the court shall make a final review and determination of
84     [impecuniosity] indigency and may order the payment of the costs if so determined.

85          (10) Appropriations from the General Fund to the Administrative Office of the Courts
86     for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
87     the costs of an indigent parent who makes a showing as provided in Subsection (9)(b).
88          (11) The Administrative Office of the Courts shall adopt a program to evaluate the
89     effectiveness of the mandatory educational course. Progress reports shall be provided if
90     requested by the Judiciary Interim Committee.
91          Section 2. Section 30-3-11.4 is amended to read:
92          30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
93     Curriculum -- Reporting.
94          (1) There is established a mandatory divorce orientation course for all parties with
95     minor children who file a petition for temporary separation or for a divorce. A couple with no
96     minor children is not required, but may choose to attend the course. The purpose of the course
97     is to educate parties about the divorce process and reasonable alternatives.
98          (2) A petitioner shall attend a divorce orientation course no more than 60 days after
99     filing a petition for divorce.
100          (3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah
101     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
102     related to the divorce or petition for temporary separation, until the moving party completes the
103     divorce orientation course.
104          (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
105     course before a divorce decree may be entered, unless waived by the court under Section
106     30-3-4.
107          (4) The respondent shall attend the divorce orientation course no more than 30 days
108     after being served with a petition for divorce.
109          (5) The clerk of the court shall provide notice to a petitioner of the requirement for the
110     course, and information regarding the course shall be included with the petition or motion,
111     when served on the respondent.
112          (6) The divorce orientation course shall be neutral, unbiased, at least one hour in

113     duration, and include:
114          (a) options available as alternatives to divorce;
115          (b) resources available from courts and administrative agencies for resolving custody
116     and support issues without filing for divorce;
117          (c) resources available to improve or strengthen the marriage;
118          (d) a discussion of the positive and negative consequences of divorce;
119          (e) a discussion of the process of divorce;
120          (f) options available for proceeding with a divorce, including:
121          (i) mediation;
122          (ii) collaborative law; and
123          (iii) litigation; and
124          (g) a discussion of post-divorce resources.
125          (7) The course may be provided in conjunction with the mandatory course for
126     divorcing parents required by Section 30-3-11.3.
127          (8) The Administrative Office of the Courts shall administer the course pursuant to
128     Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
129          (9) The course may be through live instruction, video instruction, or through an online
130     provider.
131          (10) (a) A participant shall pay the costs of the course, which may not exceed $30, to
132     the independent contractor providing the course at the time and place of the course.
133          (b) A petitioner who attends a live instruction course within 30 days of filing may not
134     be charged more than $15 for the course.
135          (c) A respondent who attends a live instruction course within 30 days of being served
136     with a petition for divorce may not be charged more than $15 for the course.
137          (d) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
138     deposited in the Children's Legal Defense Account described in Section 51-9-408.
139          (e) [A participant who is unable to pay the costs of the course may attend without
140     payment and request an Affidavit of Impecuniosity from the provider to be filed with the

141     petition or motion. The provider] Each party who is unable to pay the costs of the course may
142     attend the course without payment upon a prima facie showing of indigency as evidenced by an
143     affidavit of indigency filed in the district court in accordance with Section 78A-2-302. The
144     independent contractor shall be reimbursed for [its] the independent contractor's costs by the
145     Administrative Office of the Courts. A petitioner who is later determined not to meet the
146     qualifications for [impecuniosity] indigency may be ordered to pay the costs of the course.
147          (11) Appropriations from the General Fund to the Administrative Office of the Courts
148     for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
149     determined to be [impecunious] indigent as provided in Subsection (10)(e).
150          (12) The Online Court Assistance Program shall include instructions with the forms for
151     divorce that inform the petitioner of the requirement of this section.
152          (13) A certificate of completion constitutes evidence to the court of course completion
153     by the parties.
154          (14) It shall be an affirmative defense in all divorce actions that the divorce orientation
155     requirement was not complied with, and the action may not continue until a party has
156     complied.
157          (15) The Administrative Office of the Courts shall adopt a program to evaluate the
158     effectiveness of the mandatory educational course. Progress reports shall be provided if
159     requested by the Judiciary Interim Committee.
160          Section 3. Section 41-6a-518 is amended to read:
161          41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost -- Indigency
162     -- Fee.
163          (1) As used in this section:
164          (a) "Commissioner" means the commissioner of the Department of Public Safety.
165          (b) "Employer verification" means written verification from the employer that:
166          (i) the employer is aware that the employee is an interlock restricted driver;
167          (ii) the vehicle the employee is operating for employment purposes is not made
168     available to the employee for personal use;

169          (iii) the business entity that employs the employee is not entirely or partly owned or
170     controlled by the employee;
171          (iv) the employer's auto insurance company is aware that the employee is an interlock
172     restricted driver; and
173          (v) the employee has been added to the employer's auto insurance policy as an operator
174     of the vehicle.
175          (c) "Ignition interlock system" or "system" means a constant monitoring device or any
176     similar device certified by the commissioner that prevents a motor vehicle from being started
177     or continuously operated without first determining the driver's breath alcohol concentration.
178          (d) "Probation provider" means the supervisor and monitor of the ignition interlock
179     system required as a condition of probation who contracts with the court in accordance with
180     Subsections 41-6a-507(2) and (3).
181          (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
182     41-6a-505, and in addition to any requirements imposed as a condition of probation, unless the
183     court determines and states on the record that an ignition interlock system is not necessary for
184     the safety of the community and in the best interest of justice, the court shall require that any
185     person who is convicted of violating Section 41-6a-502 and who is granted probation may not
186     operate a motor vehicle during the period of probation unless that motor vehicle is equipped
187     with a functioning, certified ignition interlock system installed and calibrated so that the motor
188     vehicle will not start or continuously operate if the operator's blood alcohol concentration
189     exceeds .02 grams or greater.
190          (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
191     the violation occurred, the court shall order the installation of the ignition interlock system as a
192     condition of probation.
193          (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
194     prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
195     the interlock ignition system, at the person's expense, for all motor vehicles registered to that
196     person and all motor vehicles operated by that person.

197          (ii) A person who operates a motor vehicle without an ignition interlock device as
198     required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
199          (d) The division shall post the ignition interlock restriction on the electronic record
200     available to law enforcement.
201          (e) This section does not apply to a person convicted of a violation of Section
202     41-6a-502 whose violation does not involve alcohol.
203          (3) If the court imposes the use of an ignition interlock system as a condition of
204     probation, the court shall:
205          (a) stipulate on the record the requirement for and the period of the use of an ignition
206     interlock system;
207          (b) order that an ignition interlock system be installed on each motor vehicle owned or
208     operated by the probationer, at the probationer's expense;
209          (c) immediately notify the Driver License Division and the person's probation provider
210     of the order; and
211          (d) require the probationer to provide proof of compliance with the court's order to the
212     probation provider within 30 days of the order.
213          (4) (a) The probationer shall provide timely proof of installation within 30 days of an
214     order imposing the use of a system or show cause why the order was not complied with to the
215     court or to the probationer's probation provider.
216          (b) The probation provider shall notify the court of failure to comply under Subsection
217     (4)(a).
218          (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
219     under Subsection (4)(b), the court shall order the Driver License Division to suspend the
220     probationer's driving privileges for the remaining period during which the compliance was
221     imposed.
222          (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
223     to excuse the probationer's failure to comply with the court's order.
224          (5) (a) Any probationer required to install an ignition interlock system shall have the

225     system monitored by the manufacturer or dealer of the system for proper use and accuracy at
226     least semiannually and more frequently as the court may order.
227          (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
228     court or the person's probation provider.
229          (ii) The report shall be issued within 14 days following each monitoring.
230          (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
231     reasonable costs of leasing or buying and installing and maintaining the system.
232          (b) A probationer may not be excluded from this section for inability to pay the costs,
233     unless:
234          (i) the probationer files an affidavit of [impecuniosity] indigency in accordance with
235     Section 78A-2-302; and
236          (ii) the court enters a finding that the probationer is [impecunious] indigent.
237          (c) In lieu of waiver of the entire amount of the cost, the court may direct the
238     probationer to make partial or installment payments of costs when appropriate.
239          (d) The ignition interlock provider shall cover the costs of waivers by the court under
240     this Subsection (6).
241          (7) (a) If a probationer is required in the course and scope of employment to operate a
242     motor vehicle owned by the probationer's employer, the probationer may operate that motor
243     vehicle without installation of an ignition interlock system only if:
244          (i) the motor vehicle is used in the course and scope of employment;
245          (ii) the employer has been notified that the employee is restricted; and
246          (iii) the employee has employer verification in the employee's possession while
247     operating the employer's motor vehicle.
248          (b) (i) To the extent that an employer-owned motor vehicle is made available to a
249     probationer subject to this section for personal use, no exemption under this section shall apply.
250          (ii) A probationer intending to operate an employer-owned motor vehicle for personal
251     use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
252     system shall notify the employer and obtain consent in writing from the employer to install a

253     system in the employer-owned motor vehicle.
254          (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
255     by a probationer subject to this section is not a motor vehicle owned by the employer and does
256     not qualify for an exemption under this Subsection (7).
257          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
258     the commissioner shall make rules setting standards for the certification of ignition interlock
259     systems.
260          (b) The standards under Subsection (8)(a) shall require that the system:
261          (i) not impede the safe operation of the motor vehicle;
262          (ii) have features that make circumventing difficult and that do not interfere with the
263     normal use of the motor vehicle;
264          (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
265          (iv) prevent the motor vehicle from being started if the driver's breath alcohol
266     concentration exceeds .02 grams or greater;
267          (v) work accurately and reliably in an unsupervised environment;
268          (vi) resist tampering and give evidence if tampering is attempted;
269          (vii) operate reliably over the range of motor vehicle environments; and
270          (viii) be manufactured by a party who will provide liability insurance.
271          (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
272     independent laboratory tests relied upon in certification of ignition interlock systems by other
273     states.
274          (d) A list of certified systems shall be published by the commissioner and the cost of
275     certification shall be borne by the manufacturers or dealers of ignition interlock systems
276     seeking to sell, offer for sale, or lease the systems.
277          (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
278     annual dollar assessment against the manufacturers of ignition interlock systems distributed in
279     the state for the costs incurred in certifying.
280          (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the

281     manufacturers on a fair and reasonable basis.
282          (f) The commissioner shall require a provider of an ignition interlock system certified
283     in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
284     Ignition Interlock System Program Act.
285          (9) A violation of this section is a class C misdemeanor.
286          (10) There shall be no liability on the part of, and no cause of action of any nature shall
287     arise against, the state or its employees in connection with the installation, use, operation,
288     maintenance, or supervision of an interlock ignition system as required under this section.
289          Section 4. Section 78A-2-302 is amended to read:
290          78A-2-302. Indigent litigants -- Affidavit.
291          (1) [For purposes of] As used in Sections 78A-2-302 through 78A-2-309:
292          (a) "Convicted" means:
293          (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
294     illness, no contest[,]; and
295          (ii) a conviction of any crime or offense.
296          (b) "Indigent" means an individual who is financially unable to pay fees and costs or
297     give security.
298          [(b)] (c) "Prisoner" means [a person] an individual who has been convicted of a crime
299     and is incarcerated for that crime or is being held in custody for trial or sentencing.
300          [(2) As provided in this chapter, any person may institute, prosecute, defend, and
301     appeal any cause in any court in this state without prepayment of fees and costs or security, by
302     taking and subscribing, before any officer authorized to administer an oath, an affidavit of
303     impecuniosity demonstrating financial inability to pay fees and costs or give security.]
304          [(3) The affidavit shall contain complete information on the party's:]
305          (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
306     state without prepayment of fees and costs or security if the individual submits an affidavit
307     demonstrating that the individual is indigent.
308          (3) A court shall find an individual indigent if the individual's affidavit under

309     Subsection (2) demonstrates:
310          (a) the individual has an income level at or below 150% of the United States poverty
311     level as defined by the most recent poverty income guidelines published by the United States
312     Department of Health and Human Services;
313          (b) the individual receives benefits from a means-tested government program,
314     including Temporary Assistance to Needy Families, Supplemental Security Income, the
315     Supplemental Nutrition Assistance Program, or Medicaid;
316          (c) the individual receives legal services from a nonprofit provider or a pro bono
317     attorney through the Utah State Bar; or
318          (d) the individual has insufficient income or other means to pay the necessary fees and
319     costs or security without depriving the individual, or the individual's family, of food, shelter,
320     clothing, or other necessities.
321          (4) An affidavit demonstrating that an individual is indigent under Subsection (3)(d)
322     shall contain complete information on the individual's:
323          (a) identity and residence;
324          (b) amount of income, including any government financial support, alimony, or child
325     support;
326          (c) assets owned, including real and personal property;
327          (d) business interests;
328          (e) accounts receivable;
329          (f) securities, checking and savings account balances;
330          (g) debts; and
331          (h) monthly expenses.
332          [(4)] (5) If the [party] individual under Subsection (3) is a prisoner, [he] the prisoner
333     shall [also] disclose the amount of money held in [his prisoner] the prisoner's trust account at
334     the time the affidavit under Subsection (2) is executed [as provided in] in accordance with
335     Section 78A-2-305.
336          [(5) In addition to the financial disclosures, the affidavit] (6) An affidavit of indigency

337     under this section shall state the following:
338          I, [A B] (insert name), do solemnly swear or affirm that due to my poverty I am unable
339     to bear the expenses of the action or legal proceedings which I am about to commence or the
340     appeal which I am about to take, and that I believe I am entitled to the relief sought by the
341     action, legal proceedings, or appeal.
342          Section 5. Section 78A-2-303 is amended to read:
343          78A-2-303. False affidavit -- Penalty.
344          (1) [A person] An individual may assert by affidavit that an affidavit of
345     [impecuniosity] indigency under Section 78A-2-302, action, or appeal is:
346          (a) false;
347          (b) frivolous or without merit; or
348          (c) malicious.
349          (2) Upon receipt of an affidavit in accordance with Subsection (1), the court may notify
350     the affiant of the challenge and set a date, not less than five days from receipt of the notice,
351     requiring the affiant to appear and show cause why the affiant should not be required to:
352          (a) post a bond for the costs of the action or appeal; or
353          (b) pay the legal fees for the action or appeal.
354          (3) The court may dismiss the action or appeal if:
355          (a) the affiant does not appear;
356          (b) the affiant appears and the court determines the affidavit is false, frivolous, without
357     merit, or malicious; or
358          (c) the court orders the affiant to post a bond or pay the legal fees and the affiant fails
359     to do so.
360          Section 6. Section 78A-2-304 is amended to read:
361          78A-2-304. Effect of filing affidavit -- Nonprisoner.
362          (1) (a) Upon the filing of [the oath or affirmation with any Utah court] an affidavit of
363     indigency under Section 78A-2-302 by a nonprisoner, the court shall review the affidavit and
364     make an independent determination based on the information provided whether court costs and

365     fees should be waived entirely or in part.
366          (b) Notwithstanding the party's statement of inability to pay court costs, the court shall
367     require a partial or full filing fee where the financial information provided demonstrates an
368     ability to pay a fee.
369          (2) (a) In instances where fees or costs are completely waived, the court shall
370     immediately file any complaint or papers on appeal and do what is necessary or proper as
371     promptly as if the litigant had fully paid all the regular fees.
372          (b) The constable or sheriff shall immediately serve any summonses, writs, process and
373     subpoenas, and papers necessary or proper in the prosecution or defense of the cause, for the
374     [impecunious person] indigent individual as if all the necessary fees and costs had been fully
375     paid.
376          (3) (a) [However, in cases where an impecunious affidavit] In cases where an affidavit
377     of indigency under Section 78A-2-302 is filed, the [judge shall question the person] court shall
378     question the individual who filed the affidavit at the time of hearing the cause as to [his] the
379     individual's ability to pay. [If the judge]
380          (b) If the court opines that the [person] individual is reasonably able to pay the costs,
381     the [judge] court shall direct the judgment or decree not be entered in favor of that [person]
382     individual until the costs are paid.
383          (c) The order may be cancelled later upon petition if the facts warrant cancellation.
384          Section 7. Section 78A-2-305 is amended to read:
385          78A-2-305. Effect of filing affidavit -- Procedure for review and collection.
386          (1) (a) Upon receipt of [the oath or affirmation] an affidavit of indigency under Section
387     78A-2-302 filed with any Utah court by a prisoner, the court shall immediately request the
388     institution or facility where the prisoner is incarcerated to provide an account statement
389     detailing all financial activities in the prisoner's trust account for the previous six months or
390     since the time of incarceration, whichever is shorter.
391          (b) The incarcerating facility shall:
392          (i) prepare and produce to the court the prisoner's six-month trust account statement,

393     current trust account balance, and aggregate disposable income; and
394          (ii) calculate aggregate disposable income by totaling all deposits made in the
395     prisoner's trust account during the six-month period and subtracting all funds automatically
396     deducted or otherwise garnished from the account during the same period.
397          (2) The court shall:
398          (a) review both the affidavit of [impecuniosity] indigency and the financial account
399     statement; and
400          (b) based upon the review, independently determine whether or not the prisoner is
401     financially capable of paying all the regular fees and costs associated with filing the action.
402          (3) When the court concludes that the prisoner is unable to pay full fees and costs, the
403     court shall assess an initial partial filing fee equal to 50% of the prisoner's current trust account
404     balance or 10% of the prisoner's six-month aggregate disposable income, whichever is greater.
405          (4) (a) After payment of the initial partial filing fee, the court shall require the prisoner
406     to make monthly payments of 20% of the preceding month's aggregate disposable income until
407     the regular filing fee associated with the civil action is paid in full.
408          (b) The agency having custody of the prisoner shall:
409          (i) garnish the prisoner's account each month; and
410          (ii) once the collected fees exceed $10, forward payments to the clerk of the court until
411     the filing fees are paid.
412          (c) Nothing in this section may be construed to prevent the agency having custody of
413     the prisoner from withdrawing funds from the prisoner's account to pay court-ordered
414     restitution.
415          (5) Collection of the filing fees continues despite dismissal of the action.
416          (6) The filing fee collected may not exceed the amount of fees permitted by statute for
417     the commencement of a civil action or an appeal of a civil action.
418          (7) If the prisoner is filing an initial divorce action or an action to obtain custody of the
419     prisoner's children, the following procedures shall apply for review and collection of fees and
420     costs:

421          (a) (i) [Upon filing an oath or affirmation] Upon a filing of an affidavit of indigency
422     under Section 78A-2-302 with any Utah court by a prisoner, the court shall review the affidavit
423     and make an independent determination based on the information provided whether court costs
424     and fees should be paid in full or be waived in whole or in part.
425          (ii) The court shall require a full or partial filing fee when the prisoner's financial
426     information demonstrates an ability to pay the applicable court fees or costs.
427          (b) (i) If a prisoner's court fees or costs are completely waived, and if the prisoner files
428     an appeal, the court shall immediately file any complaint or papers on appeal and complete all
429     necessary action as promptly as if the litigant had paid all the fees and costs in full.
430          (ii) If a prisoner is [impecunious] indigent, the constable and sheriff shall immediately
431     serve any summonses, writs, process and subpoenas, and papers necessary in the prosecution or
432     defense of the cause as if all the necessary fees and costs had been paid in full.
433          (c) (i) If a prisoner files an affidavit of [impecuniosity] indigency, the judge shall
434     question the prisoner at the time of the hearing on the merits of the case as to the prisoner's
435     ability to pay.
436          (ii) If the judge determines that the prisoner is reasonably able to pay court fees and
437     costs, the final order or decree shall be entered, however the prisoner may not seek enforcement
438     or modification of the decree or order until the prisoner has paid the fees or costs in full.
439          (iii) A judge may waive the restrictions placed on the prisoner in Subsection (7)(c)(ii)
440     upon a showing of good cause.
441          Section 8. Section 78A-2-306 is amended to read:
442          78A-2-306. Notice of filing fee -- Consequence of nonpayment.
443          (1) When an affidavit of [impecuniosity] indigency under Section 78A-2-302 has been
444     filed and the court assesses an initial filing fee, the court shall immediately notify the litigant in
445     writing of:
446          (a) the initial filing fee required as a prerequisite to proceeding with the action;
447          (b) the procedure available to challenge the initial filing fee assessment as provided in
448     Section 78A-2-307; and

449          (c) the [inmate's] prisoner's ongoing obligation to make monthly payments until the
450     entire filing fee is paid.
451          (2) The court may not authorize service of process or otherwise proceed with the
452     action, except as provided in Section 78A-2-307, until the initial filing fee has been completely
453     paid to the clerk of the court.
454          Section 9. Section 78A-2-309 is amended to read:
455          78A-2-309. Liability for fees if successful in litigation.
456          (1) Nothing in this part shall prevent a justice court judge, clerk, constable, or sheriff
457     from collecting [his or her] regular fees for all services rendered for the [impecunious person]
458     indigent individual, in the event the [person] indigent individual is successful in litigation.
459          (2) All fees and costs shall be regularly taxed and included in any judgment recovered
460     by the [person] indigent individual.
461          (3) The fees and costs shall be paid to a justice court judge, clerk, constable, or sheriff.
462          (4) If the [person] indigent individual fails in the action or appeal, [then] the costs of
463     the action or appeal [shall] may be adjudged against the [person] indigent individual.
464          Section 10. Section 78A-2-705 is amended to read:
465          78A-2-705. Private attorney guardian ad litem -- Appointment -- Costs and fees --
466     Duties -- Conflicts of interest -- Pro bono obligation -- Indemnification -- Minimum
467     qualifications.
468          (1) The court may appoint an attorney as a private attorney guardian ad litem to
469     represent the best interests of the minor in any district court action when:
470          (a) child abuse, child sexual abuse, or neglect is alleged in any proceeding, and the
471     court has made a finding that an adult party is not indigent as determined under Section
472     78B-22-202; or
473          (b) the custody of, or parent-time with, a child is at issue.
474          (2) (a) The court shall consider the limited number of eligible private attorneys
475     guardian ad litem, as well as the limited time and resources available to a private attorney
476     guardian ad litem, when making an appointment under Subsection (1) and prioritize case

477     assignments accordingly.
478          (b) The court shall make findings regarding the need and basis for the appointment of a
479     private attorney guardian ad litem.
480          (c) A court may not appoint a private attorney guardian ad litem in a criminal case.
481          (3) (a) If the parties stipulate to a private attorney guardian ad litem, the office shall
482     assign the stipulated private attorney guardian ad litem to the case in accordance with this
483     section.
484          (b) If, under Subsection (3)(a), the parties have not stipulated to a private attorney
485     guardian ad litem, or if the stipulated private attorney guardian ad litem is unable to take the
486     case, the court shall appoint a private attorney guardian ad litem in accordance with Subsection
487     (3)(c).
488          (c) The court shall state in an order that the court is appointing a private attorney
489     guardian ad litem, to be assigned by the office, to represent the best interests of the child in the
490     matter.
491          (d) The court shall send the order described in Subsection (3)(c) to the office, in care of
492     the Private Attorney Guardian ad Litem program.
493          (4) The court shall:
494          (a) specify in the order appointing a private attorney guardian ad litem the specific
495     issues in the proceeding that the private attorney guardian ad litem shall be involved in
496     resolving, which may include issues relating to the custody of the child and a parent-time
497     schedule;
498          (b) to the extent possible, bifurcate the issues described in Subsection (4)(a) from the
499     other issues in the case in order to minimize the time constraints placed upon the private
500     attorney guardian ad litem; and
501          (c) except as provided in Subsection (6), issue a final order within one year after the
502     day on which the private attorney guardian ad litem is appointed in the case:
503          (i) resolving the issues described in Subsection (4)(a); and
504          (ii) terminating the private attorney guardian ad litem from the appointment to the case.

505          (5) The court shall issue an order terminating the appointment of a private attorney
506     guardian ad litem made under this section if:
507          (a) after receiving input from the private attorney guardian ad litem, the court
508     determines that the minor no longer requires the services of the private attorney guardian ad
509     litem; or
510          (b) there has been no activity in the case for a period of six consecutive months.
511          (6) A court may issue an order extending the one-year period described in Subsection
512     (4)(c) for a specified amount of time if the court makes a written finding that there is a
513     compelling reason that the court cannot comply with the requirements described in Subsection
514     (4)(c) within the one-year period.
515          (7) When appointing a private attorney guardian ad litem under this section, a court
516     may appoint the same private attorney guardian ad litem who represents the minor in another
517     proceeding, or who has represented the minor in a previous proceeding, if that private attorney
518     guardian ad litem is available.
519          (8) (a) Upon receipt of the court's order, described in Subsections (3)(c) and (d), the
520     office shall assign the case to a private attorney guardian ad litem, if available, in accordance
521     with this section.
522          (b) (i) If, after the initial assignment of a private attorney guardian ad litem, either party
523     objects to the assigned private attorney guardian ad litem, that party may file an objection with
524     the court within seven days after the day on which the party received notice of the assigned
525     private attorney guardian ad litem.
526          (ii) If, after the initial assignment of a private attorney guardian ad litem, either
527     attorney for a party discovers that the private attorney guardian ad litem represents an adverse
528     party in a separate matter, that attorney may file an objection with the court within seven days
529     after the day on which the attorney received notice of the private attorney guardian ad litem's
530     representation of an adverse party in a separate matter.
531          (iii) Upon receipt of an objection, the court shall determine whether grounds exist for
532     the objection, and if grounds exist, the court shall order, without a hearing, the office to assign

533     a new private attorney guardian ad litem, in consultation with the parties and in accordance
534     with this section.
535          (iv) If no alternative private attorney guardian ad litem is available, the office shall
536     notify the court.
537          (9) (a) When appointing a private attorney guardian ad litem, the court shall:
538          (i) assess all or part of the private attorney guardian ad litem fees, court costs, and
539     paralegal, staff, and volunteer expenses against the parties in a proportion the court determines
540     to be just; and
541          (ii) designate in the order whether the private attorney guardian ad litem shall, as
542     established by rule under Subsection (17):
543          (A) be paid a set fee and initial retainer;
544          (B) not be paid and serve pro bono; or
545          (C) be paid at a rate less than the set fee established by court rule.
546          (b) If a party claims to be [impecunious] indigent, the court shall follow the procedure
547     and make a determination, as described in Section 78A-2-302, to set the amount that the party
548     is required to pay, if any, toward the private attorney guardian ad litem's fees and expenses.
549          (c) The private attorney guardian ad litem may adjust the court-ordered fees or retainer
550     to an amount less than what was ordered by the court at any time before being released from
551     representation by the court.
552          (10) Upon accepting the court's appointment, the assigned private attorney guardian ad
553     litem shall:
554          (a) file a notice of appearance with the court within five business days of the day on
555     which the attorney was assigned; and
556          (b) represent the best interests of the minor until released by the court.
557          (11) The private attorney guardian ad litem:
558          (a) shall be certified by the director of the office as meeting the minimum
559     qualifications for appointment; and
560          (b) may not be employed by, or under contract with, the office unless under contract as

561     a conflict private attorney guardian ad litem in an unrelated case.
562          (12) The private attorney guardian ad litem appointed under the provisions of this
563     section shall:
564          (a) represent the best interests of the minor from the date of the appointment until
565     released by the court;
566          (b) conduct or supervise an ongoing, independent investigation in order to obtain,
567     first-hand, a clear understanding of the situation and needs of the minor;
568          (c) interview witnesses and review relevant records pertaining to the minor and the
569     minor's family, including medical, psychological, and school records;
570          (d) (i) personally meet with the minor, unless:
571          (A) the minor is outside of the state; or
572          (B) meeting with the minor would be detrimental to the minor;
573          (ii) personally interview the minor, unless:
574          (A) the minor is not old enough to communicate;
575          (B) the minor lacks the capacity to participate in a meaningful interview; or
576          (C) the interview would be detrimental to the minor;
577          (iii) to the extent possible, determine the minor's goals and concerns regarding custody
578     or visitation; and
579          (iv) to the extent possible, and unless it would be detrimental to the minor, keep the
580     minor advised of:
581          (A) the status of the minor's case;
582          (B) all court and administrative proceedings;
583          (C) discussions with, and proposals made by, other parties;
584          (D) court action; and
585          (E) the psychiatric, medical, or other treatment or diagnostic services that are to be
586     provided to the minor;
587          (e) unless excused by the court, prepare for and attend all mediation hearings and all
588     court conferences and hearings, and present witnesses and exhibits as necessary to protect the

589     best interests of the minor;
590          (f) identify community resources to protect the best interests of the minor and advocate
591     for those resources; and
592          (g) participate in all appeals unless excused by the court.
593          (13) (a) The private attorney guardian ad litem shall represent the best interests of a
594     minor.
595          (b) If the minor's intent and desires differ from the private attorney guardian ad litem's
596     determination of the minor's best interests, the private attorney guardian ad litem shall
597     communicate to the court the minor's intent and desires and the private attorney guardian ad
598     litem's determination of the minor's best interests.
599          (c) A difference between the minor's intent and desires and the private attorney
600     guardian ad litem's determination of best interests is not sufficient to create a conflict of
601     interest.
602          (d) The private attorney guardian ad litem shall disclose the intent and desires of the
603     minor unless the minor:
604          (i) instructs the private attorney guardian ad litem to not disclose the minor's intent and
605     desires; or
606          (ii) has not expressed an intent and desire.
607          (e) The court may appoint one private attorney guardian ad litem to represent the best
608     interests of more than one child of a marriage.
609          (14) In every court hearing where the private attorney guardian ad litem makes a
610     recommendation regarding the best interest of the minor, the court shall require the private
611     attorney guardian ad litem to disclose the factors that form the basis of the recommendation.
612          (15) A private attorney guardian ad litem appointed under this section is immune from
613     any civil liability that might result by reason of acts performed within the scope of duties of the
614     private attorney guardian ad litem.
615          (16) The office and the Guardian ad Litem Oversight Committee shall compile a list of
616     attorneys willing to accept an appointment as a private attorney guardian ad litem.

617          (17) Upon the advice of the director and the Guardian ad Litem Oversight Committee,
618     the Judicial Council shall establish by rule:
619          (a) the minimum qualifications and requirements for appointment by the court as a
620     private attorney guardian ad litem;
621          (b) the standard fee rate and retainer amount for a private attorney guardian ad litem;
622          (c) the percentage of cases a private attorney guardian ad litem may be expected to take
623     on pro bono;
624          (d) a system to:
625          (i) select a private attorney guardian ad litem for a given appointment; and
626          (ii) determine when a private attorney guardian ad litem shall be expected to accept an
627     appointment pro bono; and
628          (e) the process for handling a complaint relating to the eligibility status of a private
629     attorney guardian ad litem.
630          (18) (a) Any savings that result from assigning a private attorney guardian ad litem in a
631     district court case, instead of an office guardian ad litem, shall be applied to the office to recruit
632     and train attorneys for the private attorney guardian ad litem program.
633          (b) After complying with Subsection (18)(a), the office shall use any additional savings
634     to reduce caseloads and improve current practices in juvenile court.
635          Section 11. Section 78A-2-803 is amended to read:
636          78A-2-803. Appointment of attorney guardian ad litem -- Duties and
637     responsibilities -- Training -- Trained staff and court-appointed special advocate
638     volunteers -- Costs -- Immunity -- Annual report.
639          (1) (a) The court:
640          (i) may appoint an attorney guardian ad litem to represent the best interest of a minor
641     involved in any case before the court; and
642          (ii) shall consider the best interest of a minor, consistent with the provisions of Section
643     62A-4a-201, in determining whether to appoint a guardian ad litem.
644          (b) In all cases where an attorney guardian ad litem is appointed, the court shall make a

645     finding that establishes the necessity of the appointment.
646          (2) An attorney guardian ad litem shall represent the best interest of each minor who
647     may become the subject of an abuse, neglect, or dependency petition from the earlier of:
648          (a) the day on which the minor is removed from the minor's home by the division; or
649          (b) the day on which the abuse, neglect, or dependency petition is filed.
650          (3) The director shall ensure that each attorney guardian ad litem employed by the
651     office:
652          (a) represents the best interest of each client of the office in all venues, including:
653          (i) court proceedings; and
654          (ii) meetings to develop, review, or modify the child and family plan with the division
655     in accordance with Section 62A-4a-205;
656          (b) before representing any minor before the court, be trained in:
657          (i) applicable statutory, regulatory, and case law; and
658          (ii) nationally recognized standards for an attorney guardian ad litem;
659          (c) conducts or supervises an ongoing, independent investigation in order to obtain,
660     first-hand, a clear understanding of the situation and needs of the minor;
661          (d) (i) personally meets with the minor, unless:
662          (A) the minor is outside of the state; or
663          (B) meeting with the minor would be detrimental to the minor;
664          (ii) personally interviews the minor, unless:
665          (A) the minor is not old enough to communicate;
666          (B) the minor lacks the capacity to participate in a meaningful interview; or
667          (C) the interview would be detrimental to the minor; and
668          (iii) if the minor is placed in an out-of-home placement, or is being considered for
669     placement in an out-of-home placement, unless it would be detrimental to the minor:
670          (A) to the extent possible, determines the minor's goals and concerns regarding
671     placement; and
672          (B) personally assesses or supervises an assessment of the appropriateness and safety

673     of the minor's environment in each placement;
674          (e) personally attends all review hearings pertaining to the minor's case;
675          (f) participates in all appeals, unless excused by order of the court;
676          (g) is familiar with local experts who can provide consultation and testimony regarding
677     the reasonableness and appropriateness of efforts made by the division to:
678          (i) maintain a minor in the minor's home; or
679          (ii) reunify a minor with a minor's parent;
680          (h) to the extent possible, and unless it would be detrimental to the minor, personally
681     or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
682          (i) the status of the minor's case;
683          (ii) all court and administrative proceedings;
684          (iii) discussions with, and proposals made by, other parties;
685          (iv) court action; and
686          (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
687     provided to the minor;
688          (i) in cases where a child and family plan is required, personally or through a trained
689     volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
690     family plan and any dispositional orders to:
691          (i) determine whether services ordered by the court:
692          (A) are actually provided; and
693          (B) are provided in a timely manner; and
694          (ii) attempt to assess whether services ordered by the court are accomplishing the
695     intended goal of the services; and
696          (j) makes all necessary court filings to advance the guardian's ad litem position
697     regarding the best interest of the minor.
698          (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
699     trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
700     Act, trained paralegals, and other trained staff to assist in investigation and preparation of

701     information regarding the cases of individual minors before the court.
702          (b) A volunteer, paralegal, or other staff utilized under this section shall be trained in
703     and follow, at a minimum, the guidelines established by the United States Department of
704     Justice Court Appointed Special Advocate Association.
705          (5) The attorney guardian ad litem shall continue to represent the best interest of the
706     minor until released from that duty by the court.
707          (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
708          (i) all costs resulting from the appointment of an attorney guardian ad litem; and
709          (ii) the costs of volunteer, paralegal, and other staff appointment and training.
710          (b) The court shall use funds appropriated by the Legislature for the guardian ad litem
711     program to cover the costs described in Subsection (6)(a).
712          (c) (i) When the court appoints an attorney guardian ad litem under this section, the
713     court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
714     expenses against the minor's parents, parent, or legal guardian in a proportion that the court
715     determines to be just and appropriate, taking into consideration costs already borne by the
716     parents, parent, or legal guardian, including:
717          (A) private attorney fees;
718          (B) counseling for the minor;
719          (C) counseling for the parent, if mandated by the court or recommended by the
720     division; and
721          (D) any other cost the court determines to be relevant.
722          (ii) The court may not assess the fees or costs described in Subsection (6)(c)(i) against:
723          (A) a legal guardian, when that guardian is the state; or
724          (B) consistent with Subsection (6)(d), a parent who is found to be an indigent
725     individual.
726          (d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent
727     individual, the court shall:
728          (i) require the individual to submit an affidavit of [indigence] indigency as provided in

729     Section 78A-2-302; and
730          (ii) follow the procedures and make the determinations as provided in Section
731     78A-2-304.
732          (e) The minor's parents, parent, or legal guardian may appeal the court's determination,
733     under Subsection (6)(c), of fees, costs, and expenses.
734          (7) An attorney guardian ad litem appointed under this section, when serving in the
735     scope of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
736     of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
737     Immunity Act of Utah.
738          (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
739          (b) If the minor's wishes differ from the attorney's determination of the minor's best
740     interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
741     addition to presenting the attorney's determination of the minor's best interest.
742          (c) A difference between the minor's wishes and the attorney's determination of best
743     interest may not be considered a conflict of interest for the attorney.
744          (d) The guardian ad litem shall disclose the wishes of the minor unless the minor:
745          (i) instructs the guardian ad litem to not disclose the minor's wishes; or
746          (ii) has not expressed any wishes.
747          (e) The court may appoint one attorney guardian ad litem to represent the best interests
748     of more than one minor of a marriage.
749          (9) The division shall provide an attorney guardian ad litem access to all division
750     records regarding the minor at issue and the minor's family.
751          (10) (a) An attorney guardian ad litem shall conduct an independent investigation
752     regarding the minor at issue, the minor's family, and what is in the best interest of the minor.
753          (b) An attorney guardian ad litem may interview the minor's child welfare worker, but
754     may not:
755          (i) rely exclusively on the conclusions and findings of the division; or
756          (ii) except as provided in Subsection (10)(c), conduct a visit with the client in

757     conjunction with the visit of a child welfare worker.
758          (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
759     court hearing, or similar venue when a child welfare worker is present for a purpose other than
760     the attorney guardian ad litem's meeting with the client.
761          (ii) A party and the party's counsel may attend a team meeting in accordance with the
762     Utah Rules of Professional Conduct.
763          (11) (a) An attorney guardian ad litem shall maintain current and accurate records
764     regarding:
765          (i) the number of times the attorney has had contact with each minor; and
766          (ii) the actions the attorney has taken in representation of the minor's best interest.
767          (b) In every hearing where the attorney guardian ad litem makes a recommendation
768     regarding the best interest of the minor, the court shall require the attorney guardian ad litem to
769     disclose the factors that form the basis of the recommendation.
770          (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
771     Chapter 2, Government Records Access and Management Act, all records of an attorney
772     guardian ad litem are confidential and may not be released or made public upon subpoena,
773     search warrant, discovery proceedings, or otherwise.
774          (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
775          (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
776     Subpoena Powers; and
777          (ii) shall be released to the Legislature.
778          (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
779     records released in accordance with Subsection (12)(b) as confidential.
780          (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
781     General may include summary data and nonidentifying information in the office's audits and
782     reports to the Legislature.
783          (d) (i) Subsection (12)(b) is an exception to Rules of Professional Conduct, Rule 1.6,
784     as provided by Rule 1.6(b)(4), because of:

785          (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
786          (B) the state's role and responsibility to provide a guardian ad litem program, and as
787     parens patriae, to protect minors.
788          (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
789     guardian ad litem by the Legislature, through legislative subpoena.
790          Section 12. Section 78B-5-825 is amended to read:
791          78B-5-825. Attorney fees -- Award where action or defense in bad faith --
792     Exceptions.
793          (1) In civil actions, the court shall award reasonable attorney fees to a prevailing party
794     if the court determines that the action or defense to the action was without merit and not
795     brought or asserted in good faith, except under Subsection (2).
796          (2) The court, in [its] the court's discretion, may award no fees or limited fees against a
797     party under Subsection (1), but only if the court:
798          (a) finds the party has filed an affidavit of [impecuniosity] indigency under Section
799     78A-2-302 in the action before the court; or
800          (b) the court enters in the record the reason for not awarding fees under the provisions
801     of Subsection (1).
802          Section 13. Section 78B-6-205 is amended to read:
803          78B-6-205. Judicial Council rules for ADR procedures.
804          (1) To promote the use of ADR procedures, the Judicial Council may by rule establish
805     experimental and permanent ADR programs administered by the Administrative Office of the
806     Courts under the supervision of the director of Dispute Resolution Programs.
807          (2) The rules of the Judicial Council shall be based upon the purposes and provisions
808     of this part. Any procedural and evidentiary rules adopted by the Supreme Court may not
809     impinge on the constitutional rights of any parties.
810          (3) The rules of the Judicial Council shall include provisions:
811          (a) to orient parties and their counsel to the ADR program, ADR procedures, and the
812     rules of the Judicial Council;

813          (b) to identify types of civil actions that qualify for ADR procedures;
814          (c) to refer to ADR procedures all or particular issues within a civil action;
815          (d) to protect persons not parties to the civil action whose rights may be affected in the
816     resolution of the dispute;
817          (e) to ensure that no party or its attorney is prejudiced for electing, in good faith, not to
818     participate in an optional ADR procedure;
819          (f) to exempt any case from the ADR program in which the objectives of ADR would
820     not be realized;
821          (g) to create timetables to ensure that the ADR procedure is instituted and completed
822     without undue delay or expense;
823          (h) to establish the qualifications of ADR providers for each form of ADR procedure
824     including that formal education in any particular field may not, by itself, be either a prerequisite
825     or sufficient qualification to serve as an ADR provider under the program authorized by this
826     part;
827          (i) to govern the conduct of each type of ADR procedure, including the site at which
828     the procedure is conducted;
829          (j) to establish the means for the selection of an ADR provider for each form of ADR
830     procedure;
831          (k) to determine the powers, duties, and responsibilities of the ADR provider for each
832     form of ADR procedure;
833          (l) to establish a code of ethics applicable to ADR providers with means for its
834     enforcement;
835          (m) to protect and preserve the privacy and confidentiality of ADR procedures;
836          (n) to protect and preserve the privacy rights of the persons attending the ADR
837     procedures;
838          (o) to permit waiver of all or part of fees assessed for referral of a case to the ADR
839     program on a showing of [impecuniosity] indigency or other compelling reason;
840          (p) to authorize imposition of sanctions for failure of counsel or parties to participate in

841     good faith in the ADR procedure assigned;
842          (q) to assess the fees to cover the cost of compensation for the services of the ADR
843     provider and reimbursement for the provider's allowable, out-of-pocket expenses and
844     disbursements; and
845          (r) to allow vacation of an award by a court as provided in Section 78B-11-124.
846          (4) The Judicial Council may, from time to time, limit the application of its ADR rules
847     to particular judicial districts.