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:
Todd D. Weiler

7     

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

27          78A-2-302, as last amended by Laws of Utah 2011, Chapter 366
28          78A-2-303, as renumbered and amended by Laws of Utah 2008, Chapter 3
29          78A-2-304, as renumbered and amended by Laws of Utah 2008, Chapter 3
30          78A-2-305, as last amended by Laws of Utah 2010, Chapter 226
31          78A-2-306, as renumbered and amended by Laws of Utah 2008, Chapter 3
32          78A-2-309, as last amended by Laws of Utah 2009, Chapter 146
33          78A-2-705, as last amended by Laws of Utah 2019, Chapter 326
34          78A-2-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
35          78B-5-825, as renumbered and amended by Laws of Utah 2008, Chapter 3
36          78B-6-205, as last amended by Laws of Utah 2011, Chapter 367
37     

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

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

89     requested by the Judiciary Interim Committee.
90          Section 2. Section 30-3-11.4 is amended to read:
91          30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
92     Curriculum -- Reporting.
93          (1) There is established a mandatory divorce orientation course for all parties with
94     minor children who file a petition for temporary separation or for a divorce. A couple with no
95     minor children is not required, but may choose to attend the course. The purpose of the course
96     is to educate parties about the divorce process and reasonable alternatives.
97          (2) A petitioner shall attend a divorce orientation course no more than 60 days after
98     filing a petition for divorce.
99          (3) (a) With the exception of a temporary restraining order pursuant to Rule 65, Utah
100     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
101     related to the divorce or petition for temporary separation, until the moving party completes the
102     divorce orientation course.
103          (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
104     course before a divorce decree may be entered, unless waived by the court under Section
105     30-3-4.
106          (4) The respondent shall attend the divorce orientation course no more than 30 days
107     after being served with a petition for divorce.
108          (5) The clerk of the court shall provide notice to a petitioner of the requirement for the
109     course, and information regarding the course shall be included with the petition or motion,
110     when served on the respondent.
111          (6) The divorce orientation course shall be neutral, unbiased, at least one hour in
112     duration, and include:
113          (a) options available as alternatives to divorce;
114          (b) resources available from courts and administrative agencies for resolving custody
115     and support issues without filing for divorce;
116          (c) resources available to improve or strengthen the marriage;
117          (d) a discussion of the positive and negative consequences of divorce;
118          (e) a discussion of the process of divorce;
119          (f) options available for proceeding with a divorce, including:

120          (i) mediation;
121          (ii) collaborative law; and
122          (iii) litigation; and
123          (g) a discussion of post-divorce resources.
124          (7) The course may be provided in conjunction with the mandatory course for
125     divorcing parents required by Section 30-3-11.3.
126          (8) The Administrative Office of the Courts shall administer the course pursuant to
127     Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
128          (9) The course may be through live instruction, video instruction, or through an online
129     provider.
130          (10) (a) A participant shall pay the costs of the course, which may not exceed $30, to
131     the independent contractor providing the course at the time and place of the course.
132          (b) A petitioner who attends a live instruction course within 30 days of filing may not
133     be charged more than $15 for the course.
134          (c) A respondent who attends a live instruction course within 30 days of being served
135     with a petition for divorce may not be charged more than $15 for the course.
136          (d) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
137     deposited in the Children's Legal Defense Account described in Section 51-9-408.
138          (e) [A participant who is unable to pay the costs of the course may attend without
139     payment and request an Affidavit of Impecuniosity from the provider to be filed with the
140     petition or motion. The provider] Each party who is unable to pay the costs of the course may
141     attend the course without payment upon a prima facie showing of indigency as evidenced by an
142     affidavit of indigency filed in the district court in accordance with Section 78A-2-302. The
143     independent contractor shall be reimbursed for [its] the independent contractor's costs by the
144     Administrative Office of the Courts. A petitioner who is later determined not to meet the
145     qualifications for [impecuniosity] indigency may be ordered to pay the costs of the course.
146          (11) Appropriations from the General Fund to the Administrative Office of the Courts
147     for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
148     determined to be [impecunious] indigent as provided in Subsection (10)(e).
149          (12) The Online Court Assistance Program shall include instructions with the forms for
150     divorce that inform the petitioner of the requirement of this section.

151          (13) A certificate of completion constitutes evidence to the court of course completion
152     by the parties.
153          (14) It shall be an affirmative defense in all divorce actions that the divorce orientation
154     requirement was not complied with, and the action may not continue until a party has
155     complied.
156          (15) The Administrative Office of the Courts shall adopt a program to evaluate the
157     effectiveness of the mandatory educational course. Progress reports shall be provided if
158     requested by the Judiciary Interim Committee.
159          Section 3. Section 41-6a-518 is amended to read:
160          41-6a-518. Ignition interlock devices -- Use -- Probationer to pay cost -- Indigency
161     -- Fee.
162          (1) As used in this section:
163          (a) "Commissioner" means the commissioner of the Department of Public Safety.
164          (b) "Employer verification" means written verification from the employer that:
165          (i) the employer is aware that the employee is an interlock restricted driver;
166          (ii) the vehicle the employee is operating for employment purposes is not made
167     available to the employee for personal use;
168          (iii) the business entity that employs the employee is not entirely or partly owned or
169     controlled by the employee;
170          (iv) the employer's auto insurance company is aware that the employee is an interlock
171     restricted driver; and
172          (v) the employee has been added to the employer's auto insurance policy as an operator
173     of the vehicle.
174          (c) "Ignition interlock system" or "system" means a constant monitoring device or any
175     similar device certified by the commissioner that prevents a motor vehicle from being started
176     or continuously operated without first determining the driver's breath alcohol concentration.
177          (d) "Probation provider" means the supervisor and monitor of the ignition interlock
178     system required as a condition of probation who contracts with the court in accordance with
179     Subsections 41-6a-507(2) and (3).
180          (2) (a) In addition to any other penalties imposed under Sections 41-6a-503 and
181     41-6a-505, and in addition to any requirements imposed as a condition of probation, unless the

182     court determines and states on the record that an ignition interlock system is not necessary for
183     the safety of the community and in the best interest of justice, the court shall require that any
184     person who is convicted of violating Section 41-6a-502 and who is granted probation may not
185     operate a motor vehicle during the period of probation unless that motor vehicle is equipped
186     with a functioning, certified ignition interlock system installed and calibrated so that the motor
187     vehicle will not start or continuously operate if the operator's blood alcohol concentration
188     exceeds .02 grams or greater.
189          (b) If a person convicted of violating Section 41-6a-502 was under the age of 21 when
190     the violation occurred, the court shall order the installation of the ignition interlock system as a
191     condition of probation.
192          (c) (i) If a person is convicted of a violation of Section 41-6a-502 within 10 years of a
193     prior conviction as defined in Subsection 41-6a-501(2), the court shall order the installation of
194     the interlock ignition system, at the person's expense, for all motor vehicles registered to that
195     person and all motor vehicles operated by that person.
196          (ii) A person who operates a motor vehicle without an ignition interlock device as
197     required under this Subsection (2)(c) is in violation of Section 41-6a-518.2.
198          (d) The division shall post the ignition interlock restriction on the electronic record
199     available to law enforcement.
200          (e) This section does not apply to a person convicted of a violation of Section
201     41-6a-502 whose violation does not involve alcohol.
202          (3) If the court imposes the use of an ignition interlock system as a condition of
203     probation, the court shall:
204          (a) stipulate on the record the requirement for and the period of the use of an ignition
205     interlock system;
206          (b) order that an ignition interlock system be installed on each motor vehicle owned or
207     operated by the probationer, at the probationer's expense;
208          (c) immediately notify the Driver License Division and the person's probation provider
209     of the order; and
210          (d) require the probationer to provide proof of compliance with the court's order to the
211     probation provider within 30 days of the order.
212          (4) (a) The probationer shall provide timely proof of installation within 30 days of an

213     order imposing the use of a system or show cause why the order was not complied with to the
214     court or to the probationer's probation provider.
215          (b) The probation provider shall notify the court of failure to comply under Subsection
216     (4)(a).
217          (c) For failure to comply under Subsection (4)(a) or upon receiving the notification
218     under Subsection (4)(b), the court shall order the Driver License Division to suspend the
219     probationer's driving privileges for the remaining period during which the compliance was
220     imposed.
221          (d) Cause for failure to comply means any reason the court finds sufficiently justifiable
222     to excuse the probationer's failure to comply with the court's order.
223          (5) (a) Any probationer required to install an ignition interlock system shall have the
224     system monitored by the manufacturer or dealer of the system for proper use and accuracy at
225     least semiannually and more frequently as the court may order.
226          (b) (i) A report of the monitoring shall be issued by the manufacturer or dealer to the
227     court or the person's probation provider.
228          (ii) The report shall be issued within 14 days following each monitoring.
229          (6) (a) If an ignition interlock system is ordered installed, the probationer shall pay the
230     reasonable costs of leasing or buying and installing and maintaining the system.
231          (b) A probationer may not be excluded from this section for inability to pay the costs,
232     unless:
233          (i) the probationer files an affidavit of [impecuniosity] indigency in accordance with
234     Section 78A-2-302; and
235          (ii) the court enters a finding that the probationer is [impecunious] indigent.
236          (c) In lieu of waiver of the entire amount of the cost, the court may direct the
237     probationer to make partial or installment payments of costs when appropriate.
238          (d) The ignition interlock provider shall cover the costs of waivers by the court under
239     this Subsection (6).
240          (7) (a) If a probationer is required in the course and scope of employment to operate a
241     motor vehicle owned by the probationer's employer, the probationer may operate that motor
242     vehicle without installation of an ignition interlock system only if:
243          (i) the motor vehicle is used in the course and scope of employment;

244          (ii) the employer has been notified that the employee is restricted; and
245          (iii) the employee has employer verification in the employee's possession while
246     operating the employer's motor vehicle.
247          (b) (i) To the extent that an employer-owned motor vehicle is made available to a
248     probationer subject to this section for personal use, no exemption under this section shall apply.
249          (ii) A probationer intending to operate an employer-owned motor vehicle for personal
250     use and who is restricted to the operation of a motor vehicle equipped with an ignition interlock
251     system shall notify the employer and obtain consent in writing from the employer to install a
252     system in the employer-owned motor vehicle.
253          (c) A motor vehicle owned by a business entity that is all or partly owned or controlled
254     by a probationer subject to this section is not a motor vehicle owned by the employer and does
255     not qualify for an exemption under this Subsection (7).
256          (8) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
257     the commissioner shall make rules setting standards for the certification of ignition interlock
258     systems.
259          (b) The standards under Subsection (8)(a) shall require that the system:
260          (i) not impede the safe operation of the motor vehicle;
261          (ii) have features that make circumventing difficult and that do not interfere with the
262     normal use of the motor vehicle;
263          (iii) require a deep lung breath sample as a measure of breath alcohol concentration;
264          (iv) prevent the motor vehicle from being started if the driver's breath alcohol
265     concentration exceeds .02 grams or greater;
266          (v) work accurately and reliably in an unsupervised environment;
267          (vi) resist tampering and give evidence if tampering is attempted;
268          (vii) operate reliably over the range of motor vehicle environments; and
269          (viii) be manufactured by a party who will provide liability insurance.
270          (c) The commissioner may adopt in whole or in part, the guidelines, rules, studies, or
271     independent laboratory tests relied upon in certification of ignition interlock systems by other
272     states.
273          (d) A list of certified systems shall be published by the commissioner and the cost of
274     certification shall be borne by the manufacturers or dealers of ignition interlock systems

275     seeking to sell, offer for sale, or lease the systems.
276          (e) (i) In accordance with Section 63J-1-504, the commissioner may establish an
277     annual dollar assessment against the manufacturers of ignition interlock systems distributed in
278     the state for the costs incurred in certifying.
279          (ii) The assessment under Subsection (8)(e)(i) shall be apportioned among the
280     manufacturers on a fair and reasonable basis.
281          (f) The commissioner shall require a provider of an ignition interlock system certified
282     in accordance with this section to comply with the requirements of Title 53, Chapter 3, Part 10,
283     Ignition Interlock System Program Act.
284          (9) A violation of this section is a class C misdemeanor.
285          (10) There shall be no liability on the part of, and no cause of action of any nature shall
286     arise against, the state or its employees in connection with the installation, use, operation,
287     maintenance, or supervision of an interlock ignition system as required under this section.
288          Section 4. Section 78A-2-302 is amended to read:
289          78A-2-302. Indigent litigants -- Affidavit.
290          (1) [For purposes of] As used in Sections 78A-2-302 through 78A-2-309:
291          (a) "Convicted" means:
292          (i) a conviction by entry of a plea of guilty or nolo contendere, guilty with a mental
293     illness, no contest[,]; and
294          (ii) a conviction of any crime or offense.
295          (b) "Indigent" means an individual who is financially unable to pay fees and costs or
296     give security.
297          [(b)] (c) "Prisoner" means [a person] an individual who has been convicted of a crime
298     and is incarcerated for that crime or is being held in custody for trial or sentencing.
299          [(2) As provided in this chapter, any person may institute, prosecute, defend, and
300     appeal any cause in any court in this state without prepayment of fees and costs or security, by
301     taking and subscribing, before any officer authorized to administer an oath, an affidavit of
302     impecuniosity demonstrating financial inability to pay fees and costs or give security.]
303          [(3) The affidavit shall contain complete information on the party's:]
304          (2) An individual may institute, prosecute, defend, or appeal any cause in a court in this
305     state without prepayment of fees and costs or security if the individual submits an affidavit

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

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

368     immediately file any complaint or papers on appeal and do what is necessary or proper as
369     promptly as if the litigant had fully paid all the regular fees.
370          (b) The constable or sheriff shall immediately serve any summonses, writs, process and
371     subpoenas, and papers necessary or proper in the prosecution or defense of the cause, for the
372     [impecunious person] indigent individual as if all the necessary fees and costs had been fully
373     paid.
374          (3) [However, in cases where an impecunious affidavit] In cases where an affidavit of
375     indigency under Section 78A-2-302 is filed, the [judge shall question the person] court shall
376     question the individual who filed the affidavit at the time of hearing the cause as to [his] the
377     individual's ability to pay. [If the judge]
378          (a) If the court opines that the [person] individual is reasonably able to pay the costs,
379     the [judge] court shall direct the judgment or decree not be entered in favor of that [person]
380     individual until the costs are paid.
381          (b) The order may be cancelled later upon petition if the facts warrant cancellation.
382          Section 7. Section 78A-2-305 is amended to read:
383          78A-2-305. Effect of filing affidavit -- Procedure for review and collection.
384          (1) (a) Upon receipt of [the oath or affirmation] an affidavit of indigency under Section
385     78A-2-302 filed with any Utah court by a prisoner, the court shall immediately request the
386     institution or facility where the prisoner is incarcerated to provide an account statement
387     detailing all financial activities in the prisoner's trust account for the previous six months or
388     since the time of incarceration, whichever is shorter.
389          (b) The incarcerating facility shall:
390          (i) prepare and produce to the court the prisoner's six-month trust account statement,
391     current trust account balance, and aggregate disposable income; and
392          (ii) calculate aggregate disposable income by totaling all deposits made in the
393     prisoner's trust account during the six-month period and subtracting all funds automatically
394     deducted or otherwise garnished from the account during the same period.
395          (2) The court shall:
396          (a) review both the affidavit of [impecuniosity] indigency and the financial account
397     statement; and
398          (b) based upon the review, independently determine whether or not the prisoner is

399     financially capable of paying all the regular fees and costs associated with filing the action.
400          (3) When the court concludes that the prisoner is unable to pay full fees and costs, the
401     court shall assess an initial partial filing fee equal to 50% of the prisoner's current trust account
402     balance or 10% of the prisoner's six-month aggregate disposable income, whichever is greater.
403          (4) (a) After payment of the initial partial filing fee, the court shall require the prisoner
404     to make monthly payments of 20% of the preceding month's aggregate disposable income until
405     the regular filing fee associated with the civil action is paid in full.
406          (b) The agency having custody of the prisoner shall:
407          (i) garnish the prisoner's account each month; and
408          (ii) once the collected fees exceed $10, forward payments to the clerk of the court until
409     the filing fees are paid.
410          (c) Nothing in this section may be construed to prevent the agency having custody of
411     the prisoner from withdrawing funds from the prisoner's account to pay court-ordered
412     restitution.
413          (5) Collection of the filing fees continues despite dismissal of the action.
414          (6) The filing fee collected may not exceed the amount of fees permitted by statute for
415     the commencement of a civil action or an appeal of a civil action.
416          (7) If the prisoner is filing an initial divorce action or an action to obtain custody of the
417     prisoner's children, the following procedures shall apply for review and collection of fees and
418     costs:
419          (a) (i) [Upon filing an oath or affirmation] Upon a filing of an affidavit of indigency
420     under Section 78A-2-302 with any Utah court by a prisoner, the court shall review the affidavit
421     and make an independent determination based on the information provided whether court costs
422     and fees should be paid in full or be waived in whole or in part.
423          (ii) The court shall require a full or partial filing fee when the prisoner's financial
424     information demonstrates an ability to pay the applicable court fees or costs.
425          (b) (i) If a prisoner's court fees or costs are completely waived, and if the prisoner files
426     an appeal, the court shall immediately file any complaint or papers on appeal and complete all
427     necessary action as promptly as if the litigant had paid all the fees and costs in full.
428          (ii) If a prisoner is [impecunious] indigent, the constable and sheriff shall immediately
429     serve any summonses, writs, process and subpoenas, and papers necessary in the prosecution or

430     defense of the cause as if all the necessary fees and costs had been paid in full.
431          (c) (i) If a prisoner files an affidavit of [impecuniosity] indigency, the judge shall
432     question the prisoner at the time of the hearing on the merits of the case as to the prisoner's
433     ability to pay.
434          (ii) If the judge determines that the prisoner is reasonably able to pay court fees and
435     costs, the final order or decree shall be entered, however the prisoner may not seek enforcement
436     or modification of the decree or order until the prisoner has paid the fees or costs in full.
437          (iii) A judge may waive the restrictions placed on the prisoner in Subsection (7)(c)(ii)
438     upon a showing of good cause.
439          Section 8. Section 78A-2-306 is amended to read:
440          78A-2-306. Notice of filing fee -- Consequence of nonpayment.
441          (1) When an affidavit of [impecuniosity] indigency under Section 78A-2-302 has been
442     filed and the court assesses an initial filing fee, the court shall immediately notify the litigant in
443     writing of:
444          (a) the initial filing fee required as a prerequisite to proceeding with the action;
445          (b) the procedure available to challenge the initial filing fee assessment as provided in
446     Section 78A-2-307; and
447          (c) the [inmate's] prisoner's ongoing obligation to make monthly payments until the
448     entire filing fee is paid.
449          (2) The court may not authorize service of process or otherwise proceed with the
450     action, except as provided in Section 78A-2-307, until the initial filing fee has been completely
451     paid to the clerk of the court.
452          Section 9. Section 78A-2-309 is amended to read:
453          78A-2-309. Liability for fees if successful in litigation.
454          (1) Nothing in this part shall prevent a justice court judge, clerk, constable, or sheriff
455     from collecting [his or her] regular fees for all services rendered for the [impecunious person]
456     indigent individual, in the event the [person] indigent individual is successful in litigation.
457          (2) All fees and costs shall be regularly taxed and included in any judgment recovered
458     by the [person] indigent individual.
459          (3) The fees and costs shall be paid to a justice court judge, clerk, constable, or sheriff.
460          (4) If the [person] indigent individual fails in the action or appeal, [then] the costs of

461     the action or appeal [shall] may be adjudged against the [person] indigent individual.
462          Section 10. Section 78A-2-705 is amended to read:
463          78A-2-705. Private attorney guardian ad litem -- Appointment -- Costs and fees --
464     Duties -- Conflicts of interest -- Pro bono obligation -- Indemnification -- Minimum
465     qualifications.
466          (1) The court may appoint an attorney as a private attorney guardian ad litem to
467     represent the best interests of the minor in any district court action when:
468          (a) child abuse, child sexual abuse, or neglect is alleged in any proceeding, and the
469     court has made a finding that an adult party is not indigent as determined under Section
470     78B-22-202; or
471          (b) the custody of, or parent-time with, a child is at issue.
472          (2) (a) The court shall consider the limited number of eligible private attorneys
473     guardian ad litem, as well as the limited time and resources available to a private attorney
474     guardian ad litem, when making an appointment under Subsection (1) and prioritize case
475     assignments accordingly.
476          (b) The court shall make findings regarding the need and basis for the appointment of a
477     private attorney guardian ad litem.
478          (c) A court may not appoint a private attorney guardian ad litem in a criminal case.
479          (3) (a) If the parties stipulate to a private attorney guardian ad litem, the office shall
480     assign the stipulated private attorney guardian ad litem to the case in accordance with this
481     section.
482          (b) If, under Subsection (3)(a), the parties have not stipulated to a private attorney
483     guardian ad litem, or if the stipulated private attorney guardian ad litem is unable to take the
484     case, the court shall appoint a private attorney guardian ad litem in accordance with Subsection
485     (3)(c).
486          (c) The court shall state in an order that the court is appointing a private attorney
487     guardian ad litem, to be assigned by the office, to represent the best interests of the child in the
488     matter.
489          (d) The court shall send the order described in Subsection (3)(c) to the office, in care of
490     the Private Attorney Guardian ad Litem program.
491          (4) The court shall:

492          (a) specify in the order appointing a private attorney guardian ad litem the specific
493     issues in the proceeding that the private attorney guardian ad litem shall be involved in
494     resolving, which may include issues relating to the custody of the child and a parent-time
495     schedule;
496          (b) to the extent possible, bifurcate the issues described in Subsection (4)(a) from the
497     other issues in the case in order to minimize the time constraints placed upon the private
498     attorney guardian ad litem; and
499          (c) except as provided in Subsection (6), issue a final order within one year after the
500     day on which the private attorney guardian ad litem is appointed in the case:
501          (i) resolving the issues described in Subsection (4)(a); and
502          (ii) terminating the private attorney guardian ad litem from the appointment to the case.
503          (5) The court shall issue an order terminating the appointment of a private attorney
504     guardian ad litem made under this section if:
505          (a) after receiving input from the private attorney guardian ad litem, the court
506     determines that the minor no longer requires the services of the private attorney guardian ad
507     litem; or
508          (b) there has been no activity in the case for a period of six consecutive months.
509          (6) A court may issue an order extending the one-year period described in Subsection
510     (4)(c) for a specified amount of time if the court makes a written finding that there is a
511     compelling reason that the court cannot comply with the requirements described in Subsection
512     (4)(c) within the one-year period.
513          (7) When appointing a private attorney guardian ad litem under this section, a court
514     may appoint the same private attorney guardian ad litem who represents the minor in another
515     proceeding, or who has represented the minor in a previous proceeding, if that private attorney
516     guardian ad litem is available.
517          (8) (a) Upon receipt of the court's order, described in Subsections (3)(c) and (d), the
518     office shall assign the case to a private attorney guardian ad litem, if available, in accordance
519     with this section.
520          (b) (i) If, after the initial assignment of a private attorney guardian ad litem, either party
521     objects to the assigned private attorney guardian ad litem, that party may file an objection with
522     the court within seven days after the day on which the party received notice of the assigned

523     private attorney guardian ad litem.
524          (ii) If, after the initial assignment of a private attorney guardian ad litem, either
525     attorney for a party discovers that the private attorney guardian ad litem represents an adverse
526     party in a separate matter, that attorney may file an objection with the court within seven days
527     after the day on which the attorney received notice of the private attorney guardian ad litem's
528     representation of an adverse party in a separate matter.
529          (iii) Upon receipt of an objection, the court shall determine whether grounds exist for
530     the objection, and if grounds exist, the court shall order, without a hearing, the office to assign
531     a new private attorney guardian ad litem, in consultation with the parties and in accordance
532     with this section.
533          (iv) If no alternative private attorney guardian ad litem is available, the office shall
534     notify the court.
535          (9) (a) When appointing a private attorney guardian ad litem, the court shall:
536          (i) assess all or part of the private attorney guardian ad litem fees, court costs, and
537     paralegal, staff, and volunteer expenses against the parties in a proportion the court determines
538     to be just; and
539          (ii) designate in the order whether the private attorney guardian ad litem shall, as
540     established by rule under Subsection (17):
541          (A) be paid a set fee and initial retainer;
542          (B) not be paid and serve pro bono; or
543          (C) be paid at a rate less than the set fee established by court rule.
544          (b) If a party claims to be [impecunious] indigent, the court shall follow the procedure
545     and make a determination, as described in Section 78A-2-302, to set the amount that the party
546     is required to pay, if any, toward the private attorney guardian ad litem's fees and expenses.
547          (c) The private attorney guardian ad litem may adjust the court-ordered fees or retainer
548     to an amount less than what was ordered by the court at any time before being released from
549     representation by the court.
550          (10) Upon accepting the court's appointment, the assigned private attorney guardian ad
551     litem shall:
552          (a) file a notice of appearance with the court within five business days of the day on
553     which the attorney was assigned; and

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

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

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

647          (b) the day on which the abuse, neglect, or dependency petition is filed.
648          (3) The director shall ensure that each attorney guardian ad litem employed by the
649     office:
650          (a) represents the best interest of each client of the office in all venues, including:
651          (i) court proceedings; and
652          (ii) meetings to develop, review, or modify the child and family plan with the division
653     in accordance with Section 62A-4a-205;
654          (b) before representing any minor before the court, be trained in:
655          (i) applicable statutory, regulatory, and case law; and
656          (ii) nationally recognized standards for an attorney guardian ad litem;
657          (c) conducts or supervises an ongoing, independent investigation in order to obtain,
658     first-hand, a clear understanding of the situation and needs of the minor;
659          (d) (i) personally meets with the minor, unless:
660          (A) the minor is outside of the state; or
661          (B) meeting with the minor would be detrimental to the minor;
662          (ii) personally interviews the minor, unless:
663          (A) the minor is not old enough to communicate;
664          (B) the minor lacks the capacity to participate in a meaningful interview; or
665          (C) the interview would be detrimental to the minor; and
666          (iii) if the minor is placed in an out-of-home placement, or is being considered for
667     placement in an out-of-home placement, unless it would be detrimental to the minor:
668          (A) to the extent possible, determines the minor's goals and concerns regarding
669     placement; and
670          (B) personally assesses or supervises an assessment of the appropriateness and safety
671     of the minor's environment in each placement;
672          (e) personally attends all review hearings pertaining to the minor's case;
673          (f) participates in all appeals, unless excused by order of the court;
674          (g) is familiar with local experts who can provide consultation and testimony regarding
675     the reasonableness and appropriateness of efforts made by the division to:
676          (i) maintain a minor in the minor's home; or
677          (ii) reunify a minor with a minor's parent;

678          (h) to the extent possible, and unless it would be detrimental to the minor, personally
679     or through a trained volunteer, paralegal, or other trained staff, keeps the minor advised of:
680          (i) the status of the minor's case;
681          (ii) all court and administrative proceedings;
682          (iii) discussions with, and proposals made by, other parties;
683          (iv) court action; and
684          (v) the psychiatric, medical, or other treatment or diagnostic services that are to be
685     provided to the minor;
686          (i) in cases where a child and family plan is required, personally or through a trained
687     volunteer, paralegal, or other trained staff, monitors implementation of a minor's child and
688     family plan and any dispositional orders to:
689          (i) determine whether services ordered by the court:
690          (A) are actually provided; and
691          (B) are provided in a timely manner; and
692          (ii) attempt to assess whether services ordered by the court are accomplishing the
693     intended goal of the services; and
694          (j) makes all necessary court filings to advance the guardian's ad litem position
695     regarding the best interest of the minor.
696          (4) (a) Consistent with this Subsection (4), an attorney guardian ad litem may use
697     trained volunteers, in accordance with Title 67, Chapter 20, Volunteer Government Workers
698     Act, trained paralegals, and other trained staff to assist in investigation and preparation of
699     information regarding the cases of individual minors before the court.
700          (b) A volunteer, paralegal, or other staff utilized under this section shall be trained in
701     and follow, at a minimum, the guidelines established by the United States Department of
702     Justice Court Appointed Special Advocate Association.
703          (5) The attorney guardian ad litem shall continue to represent the best interest of the
704     minor until released from that duty by the court.
705          (6) (a) Consistent with Subsection (6)(b), the juvenile court is responsible for:
706          (i) all costs resulting from the appointment of an attorney guardian ad litem; and
707          (ii) the costs of volunteer, paralegal, and other staff appointment and training.
708          (b) The court shall use funds appropriated by the Legislature for the guardian ad litem

709     program to cover the costs described in Subsection (6)(a).
710          (c) (i) When the court appoints an attorney guardian ad litem under this section, the
711     court may assess all or part of the attorney fees, court costs, and paralegal, staff, and volunteer
712     expenses against the minor's parents, parent, or legal guardian in a proportion that the court
713     determines to be just and appropriate, taking into consideration costs already borne by the
714     parents, parent, or legal guardian, including:
715          (A) private attorney fees;
716          (B) counseling for the minor;
717          (C) counseling for the parent, if mandated by the court or recommended by the
718     division; and
719          (D) any other cost the court determines to be relevant.
720          (ii) The court may not assess the fees or costs described in Subsection (6)(c)(i) against:
721          (A) a legal guardian, when that guardian is the state; or
722          (B) consistent with Subsection (6)(d), a parent who is found to be an indigent
723     individual.
724          (d) For purposes of Subsection (6)(c)(ii)(B), if an individual claims to be an indigent
725     individual, the court shall:
726          (i) require the individual to submit an affidavit of [indigence] indigency as provided in
727     Section 78A-2-302; and
728          (ii) follow the procedures and make the determinations as provided in Section
729     78A-2-304.
730          (e) The minor's parents, parent, or legal guardian may appeal the court's determination,
731     under Subsection (6)(c), of fees, costs, and expenses.
732          (7) An attorney guardian ad litem appointed under this section, when serving in the
733     scope of the attorney guardian's ad litem duties as guardian ad litem is considered an employee
734     of the state for purposes of indemnification under Title 63G, Chapter 7, Governmental
735     Immunity Act of Utah.
736          (8) (a) An attorney guardian ad litem shall represent the best interest of a minor.
737          (b) If the minor's wishes differ from the attorney's determination of the minor's best
738     interest, the attorney guardian ad litem shall communicate the minor's wishes to the court in
739     addition to presenting the attorney's determination of the minor's best interest.

740          (c) A difference between the minor's wishes and the attorney's determination of best
741     interest may not be considered a conflict of interest for the attorney.
742          (d) The guardian ad litem shall disclose the wishes of the minor unless the minor:
743          (i) instructs the guardian ad litem to not disclose the minor's wishes; or
744          (ii) has not expressed any wishes.
745          (e) The court may appoint one attorney guardian ad litem to represent the best interests
746     of more than one minor of a marriage.
747          (9) The division shall provide an attorney guardian ad litem access to all division
748     records regarding the minor at issue and the minor's family.
749          (10) (a) An attorney guardian ad litem shall conduct an independent investigation
750     regarding the minor at issue, the minor's family, and what is in the best interest of the minor.
751          (b) An attorney guardian ad litem may interview the minor's child welfare worker, but
752     may not:
753          (i) rely exclusively on the conclusions and findings of the division; or
754          (ii) except as provided in Subsection (10)(c), conduct a visit with the client in
755     conjunction with the visit of a child welfare worker.
756          (c) (i) An attorney guardian ad litem may meet with a client during a team meeting,
757     court hearing, or similar venue when a child welfare worker is present for a purpose other than
758     the attorney guardian ad litem's meeting with the client.
759          (ii) A party and the party's counsel may attend a team meeting in accordance with the
760     Utah Rules of Professional Conduct.
761          (11) (a) An attorney guardian ad litem shall maintain current and accurate records
762     regarding:
763          (i) the number of times the attorney has had contact with each minor; and
764          (ii) the actions the attorney has taken in representation of the minor's best interest.
765          (b) In every hearing where the attorney guardian ad litem makes a recommendation
766     regarding the best interest of the minor, the court shall require the attorney guardian ad litem to
767     disclose the factors that form the basis of the recommendation.
768          (12) (a) Except as provided in Subsection (12)(b), and notwithstanding Title 63G,
769     Chapter 2, Government Records Access and Management Act, all records of an attorney
770     guardian ad litem are confidential and may not be released or made public upon subpoena,

771     search warrant, discovery proceedings, or otherwise.
772          (b) Consistent with Subsection (12)(d), all records of an attorney guardian ad litem:
773          (i) are subject to legislative subpoena, under Title 36, Chapter 14, Legislative
774     Subpoena Powers; and
775          (ii) shall be released to the Legislature.
776          (c) (i) Except as provided in Subsection (12)(c)(ii), the Legislature shall maintain
777     records released in accordance with Subsection (12)(b) as confidential.
778          (ii) Notwithstanding Subsection (12)(c)(i), the Office of the Legislative Auditor
779     General may include summary data and nonidentifying information in the office's audits and
780     reports to the Legislature.
781          (d) (i) Subsection (12)(b) is an exception to Rules of Professional Conduct, Rule 1.6,
782     as provided by Rule 1.6(b)(4), because of:
783          (A) the unique role of an attorney guardian ad litem described in Subsection (8); and
784          (B) the state's role and responsibility to provide a guardian ad litem program, and as
785     parens patriae, to protect minors.
786          (ii) A claim of attorney-client privilege does not bar access to the records of an attorney
787     guardian ad litem by the Legislature, through legislative subpoena.
788          Section 12. Section 78B-5-825 is amended to read:
789          78B-5-825. Attorney fees -- Award where action or defense in bad faith --
790     Exceptions.
791          (1) In civil actions, the court shall award reasonable attorney fees to a prevailing party
792     if the court determines that the action or defense to the action was without merit and not
793     brought or asserted in good faith, except under Subsection (2).
794          (2) The court, in [its] the court's discretion, may award no fees or limited fees against a
795     party under Subsection (1), but only if the court:
796          (a) finds the party has filed an affidavit of [impecuniosity] indigency under Section
797     78A-2-302 in the action before the court; or
798          (b) the court enters in the record the reason for not awarding fees under the provisions
799     of Subsection (1).
800          Section 13. Section 78B-6-205 is amended to read:
801          78B-6-205. Judicial Council rules for ADR procedures.

802          (1) To promote the use of ADR procedures, the Judicial Council may by rule establish
803     experimental and permanent ADR programs administered by the Administrative Office of the
804     Courts under the supervision of the director of Dispute Resolution Programs.
805          (2) The rules of the Judicial Council shall be based upon the purposes and provisions
806     of this part. Any procedural and evidentiary rules adopted by the Supreme Court may not
807     impinge on the constitutional rights of any parties.
808          (3) The rules of the Judicial Council shall include provisions:
809          (a) to orient parties and their counsel to the ADR program, ADR procedures, and the
810     rules of the Judicial Council;
811          (b) to identify types of civil actions that qualify for ADR procedures;
812          (c) to refer to ADR procedures all or particular issues within a civil action;
813          (d) to protect persons not parties to the civil action whose rights may be affected in the
814     resolution of the dispute;
815          (e) to ensure that no party or its attorney is prejudiced for electing, in good faith, not to
816     participate in an optional ADR procedure;
817          (f) to exempt any case from the ADR program in which the objectives of ADR would
818     not be realized;
819          (g) to create timetables to ensure that the ADR procedure is instituted and completed
820     without undue delay or expense;
821          (h) to establish the qualifications of ADR providers for each form of ADR procedure
822     including that formal education in any particular field may not, by itself, be either a prerequisite
823     or sufficient qualification to serve as an ADR provider under the program authorized by this
824     part;
825          (i) to govern the conduct of each type of ADR procedure, including the site at which
826     the procedure is conducted;
827          (j) to establish the means for the selection of an ADR provider for each form of ADR
828     procedure;
829          (k) to determine the powers, duties, and responsibilities of the ADR provider for each
830     form of ADR procedure;
831          (l) to establish a code of ethics applicable to ADR providers with means for its
832     enforcement;

833          (m) to protect and preserve the privacy and confidentiality of ADR procedures;
834          (n) to protect and preserve the privacy rights of the persons attending the ADR
835     procedures;
836          (o) to permit waiver of all or part of fees assessed for referral of a case to the ADR
837     program on a showing of [impecuniosity] indigency or other compelling reason;
838          (p) to authorize imposition of sanctions for failure of counsel or parties to participate in
839     good faith in the ADR procedure assigned;
840          (q) to assess the fees to cover the cost of compensation for the services of the ADR
841     provider and reimbursement for the provider's allowable, out-of-pocket expenses and
842     disbursements; and
843          (r) to allow vacation of an award by a court as provided in Section 78B-11-124.
844          (4) The Judicial Council may, from time to time, limit the application of its ADR rules
845     to particular judicial districts.