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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to judicial administration.
10 Highlighted Provisions:
11 This bill:
12 ▸ addresses compensation for the presiding officer of the Judicial Council;
13 ▸ clarifies the amount of a fee deposited in the Dispute Resolution Account;
14 ▸ amends and enacts provisions regarding presiding and associate presiding judges of
15 the courts;
16 ▸ amends provisions regarding judicial vacancies for justice courts; 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 67-8-2, as last amended by Laws of Utah 2015, Chapter 347
25 78A-2-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
26 78A-2-301, as last amended by Laws of Utah 2021, Chapters 157 and 262
27 78A-3-101, as last amended by Laws of Utah 2019, Chapter 429
28 78A-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
29 78A-5-106, as renumbered and amended by Laws of Utah 2008, Chapter 3
30 78A-6-203, as last amended by Laws of Utah 2021, Chapter 261
31 78A-7-202, as last amended by Laws of Utah 2021, Chapter 355
32 78A-7-206, as last amended by Laws of Utah 2012, Chapter 205
33 78A-7-301, as last amended by Laws of Utah 2014, Chapter 189
34 ENACTS:
35 78A-7-209.5, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 67-8-2 is amended to read:
39 67-8-2. Salaries of judges established annually in appropriations act -- Bases of
40 salaries -- Additional compensation.
41 (1) The salaries of judges of courts of record, as described in Section 78A-1-101, shall
42 be set annually by the Legislature in an appropriations act.
43 (2) Judicial salaries shall be based on the following percentages of the salary of a
44 district court judge:
45 (a) juvenile court judges: 100%;
46 (b) Court of Appeals judges: 105%; and
47 (c) justices of the Supreme Court: 110%.
48 (3) (a) A salary described in Subsection (2) does not include additional compensation
49 provided for a presiding judge[
50 [
51 (i) Section 78A-3-101;
52 (ii) Section 78A-4-102;
53 (iii) Section 78A-5-106; or
54 (iv) Section 78A-6-203.
55 (b) Compensation described in Subsection (3)(a) does not constitute a salary for
56 purposes of Utah Constitution, Article VIII, Section 14.
57 Section 2. Section 78A-2-106 is amended to read:
58 78A-2-106. Presiding officer -- Compensation -- Duties.
59 (1) The chief justice of the Supreme Court shall serve as the presiding officer of the
60 Judicial Council. [
61
62 (2) (a) The presiding officer of the Judicial Council shall supervise the courts to ensure
63 uniform adherence to law and to the rules and forms adopted by the council and to promote the
64 proper and efficient functioning of the courts.
65 (b) The presiding officer of the council may issue orders as necessary to assure
66 compliance with uniform administrative practices.
67 Section 3. Section 78A-2-301 is amended to read:
68 78A-2-301. Civil fees of the courts of record -- Courts complex design.
69 (1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a
70 court of record not governed by another subsection is $375.
71 (b) The fee for filing a complaint or petition is:
72 (i) $90 if the claim for damages or amount in interpleader exclusive of court costs,
73 interest, and attorney fees is $2,000 or less;
74 (ii) $200 if the claim for damages or amount in interpleader exclusive of court costs,
75 interest, and attorney fees is greater than $2,000 and less than $10,000;
76 (iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;
77 (iv) $325 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter
78 4, Separate Maintenance;
79 (v) $35 for a motion for temporary separation order filed under Section 30-3-4.5;
80 (vi) $125 if the petition is for removal from the Sex Offender and Kidnap Offender
81 Registry under Section 77-41-112; and
82 (vii) $35 if the petition is for guardianship and the prospective ward is the biological or
83 adoptive child of the petitioner.
84 (c) The fee for filing a small claims affidavit is:
85 (i) $60 if the claim for damages or amount in interpleader exclusive of court costs,
86 interest, and attorney fees is $2,000 or less;
87 (ii) $100 if the claim for damages or amount in interpleader exclusive of court costs,
88 interest, and attorney fees is greater than $2,000, but less than $7,500; and
89 (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs,
90 interest, and attorney fees is $7,500 or more.
91 (d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
92 complaint, or other claim for relief against an existing or joined party other than the original
93 complaint or petition is:
94 (i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is
95 $2,000 or less;
96 (ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is
97 greater than $2,000 and less than $10,000;
98 (iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is
99 $10,000 or more, or the party seeks relief other than monetary damages; and
100 (iv) $130 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
101 Chapter 4, Separate Maintenance.
102 (e) The fee for filing a small claims counter affidavit is:
103 (i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is
104 $2,000 or less;
105 (ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is
106 greater than $2,000, but less than $7,500; and
107 (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is
108 $7,500 or more.
109 (f) The fee for depositing funds under Section 57-1-29 when not associated with an
110 action already before the court is determined under Subsection (1)(b) based on the amount
111 deposited.
112 (g) The fee for filing a petition is:
113 (i) $240 for trial de novo of an adjudication of the justice court or of the small claims
114 department; and
115 (ii) $80 for an appeal of a municipal administrative determination in accordance with
116 Section 10-3-703.7.
117 (h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
118 petition for writ of certiorari is $240.
119 (i) The fee for filing a petition for expungement is $150.
120 (j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
121 allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges'
122 Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges'
123 Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement
124 Act.
125 (ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be
126 allocated by the state treasurer to be deposited into the restricted account, Children's Legal
127 Defense Account, as provided in Section 51-9-408.
128 (iii) [
129 (1)(g), and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as
130 provided in Section 78B-6-209.
131 (iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv),
132 (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be
133 deposited into the restricted account, Court Security Account, as provided in Section
134 78A-2-602.
135 (v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii)
136 and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account,
137 Court Security Account, as provided in Section 78A-2-602.
138 (k) The fee for filing a judgment, order, or decree of a court of another state or of the
139 United States is $35.
140 (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is
141 50% of the fee for filing an original action seeking the same relief.
142 (m) The fee for filing probate or child custody documents from another state is $35.
143 (n) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the
144 State Tax Commission is $30.
145 (ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
146 or a judgment, order, or decree of an administrative agency, commission, board, council, or
147 hearing officer of this state or of its political subdivisions other than the State Tax
148 Commission, is $50.
149 (o) The fee for filing a judgment by confession without action under Section
150 78B-5-205 is $35.
151 (p) The fee for filing an award of arbitration for confirmation, modification, or
152 vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
153 action before the court is $35.
154 (q) The fee for filing a petition or counter-petition to modify a domestic relations order
155 other than a protective order or stalking injunction is $100.
156 (r) The fee for filing any accounting required by law is:
157 (i) $15 for an estate valued at $50,000 or less;
158 (ii) $30 for an estate valued at $75,000 or less but more than $50,000;
159 (iii) $50 for an estate valued at $112,000 or less but more than $75,000;
160 (iv) $90 for an estate valued at $168,000 or less but more than $112,000; and
161 (v) $175 for an estate valued at more than $168,000.
162 (s) The fee for filing a demand for a civil jury is $250.
163 (t) The fee for filing a notice of deposition in this state concerning an action pending in
164 another state under Utah Rules of Civil Procedure, Rule 30 is $35.
165 (u) The fee for filing documents that require judicial approval but are not part of an
166 action before the court is $35.
167 (v) The fee for a petition to open a sealed record is $35.
168 (w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
169 addition to any fee for a complaint or petition.
170 (x) (i) The fee for a petition for authorization for a minor to marry required by Section
171 30-1-9 is $5.
172 (ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
173 Emancipation, is $50.
174 (y) The fee for a certificate issued under Section 26-2-25 is $8.
175 (z) The fee for a certified copy of a document is $4 per document plus 50 cents per
176 page.
177 (aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents
178 per page.
179 (bb) The Judicial Council shall, by rule, establish a schedule of fees for copies of
180 documents and forms and for the search and retrieval of records under Title 63G, Chapter 2,
181 Government Records Access and Management Act. Fees under Subsection (1)(bb) and (cc)
182 shall be credited to the court as a reimbursement of expenditures.
183 (cc) The Judicial Council may, by rule, establish a reasonable fee to allow members of
184 the public to conduct a limited amount of searches on the Xchange database without having to
185 pay a monthly subscription fee.
186 (dd) There is no fee for services or the filing of documents not listed in this section or
187 otherwise provided by law.
188 (ee) Except as provided in this section, all fees collected under this section are paid to
189 the General Fund. Except as provided in this section, all fees shall be paid at the time the clerk
190 accepts the pleading for filing or performs the requested service.
191 (ff) The filing fees under this section may not be charged to the state, the state's
192 agencies, or political subdivisions filing or defending any action. In judgments awarded in
193 favor of the state, its agencies, or political subdivisions, except the Office of Recovery
194 Services, the court shall order the filing fees and collection costs to be paid by the judgment
195 debtor. The sums collected under this Subsection (1)(ff) shall be applied to the fees after credit
196 to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
197 (2) (a) (i) From March 17, 1994, until June 30, 1998, the state court administrator shall
198 transfer all revenues representing the difference between the fees in effect after May 2, 1994,
199 and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
200 Construction and Management Capital Projects Fund.
201 (ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
202 Construction and Management shall use up to $3,750,000 of the revenue deposited into the
203 Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to
204 initiate the development of a courts complex in Salt Lake City.
205 (B) If the Legislature approves funding for construction of a courts complex in Salt
206 Lake City in the 1995 Annual General Session, the Division of Facilities Construction and
207 Management shall use the revenue deposited into the Capital Projects Fund under this
208 Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.
209 (C) After the courts complex is completed and all bills connected with its construction
210 have been paid, the Division of Facilities Construction and Management shall use any money
211 remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal
212 District Court building.
213 (iii) The Division of Facilities Construction and Management may enter into
214 agreements and make expenditures related to this project before the receipt of revenues
215 provided for under this Subsection (2)(a)(iii).
216 (iv) The Division of Facilities Construction and Management shall:
217 (A) make those expenditures from unexpended and unencumbered building funds
218 already appropriated to the Capital Projects Fund; and
219 (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for
220 under this Subsection (2).
221 (b) After June 30, 1998, the state court administrator shall ensure that all revenues
222 representing the difference between the fees in effect after May 2, 1994, and the fees in effect
223 before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
224 account.
225 (c) The Division of Finance shall deposit all revenues received from the state court
226 administrator into the restricted account created by this section.
227 (d) (i) From May 1, 1995, until June 30, 1998, the state court administrator shall
228 transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
229 Vehicles, in a court of record to the Division of Facilities Construction and Management
230 Capital Projects Fund. The division of money pursuant to Section 78A-5-110 shall be
231 calculated on the balance of the fine or bail forfeiture paid.
232 (ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7
233 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
234 court of record to the Division of Finance for deposit in the restricted account created by this
235 section. The division of money pursuant to Section 78A-5-110 shall be calculated on the
236 balance of the fine or bail forfeiture paid.
237 (3) (a) There is created within the General Fund a restricted account known as the State
238 Courts Complex Account.
239 (b) The Legislature may appropriate money from the restricted account to the state
240 court administrator for the following purposes only:
241 (i) to repay costs associated with the construction of the court complex that were
242 funded from sources other than revenues provided for under this Subsection (3)(b)(i); and
243 (ii) to cover operations and maintenance costs on the court complex.
244 Section 4. Section 78A-3-101 is amended to read:
245 78A-3-101. Number of justices -- Terms -- Chief justice and associate chief justice
246 -- Selection and functions.
247 (1) The Supreme Court consists of five justices.
248 (2) (a) A justice of the Supreme Court shall be appointed initially to serve until the first
249 general election held more than three years after the effective date of the appointment.
250 [
251 (b) After the first term of appointment under Subsection (2)(a), the term of office of a
252 justice of the Supreme Court is 10 years and commences on the first Monday in January
253 following the date of election.
254 (c) A justice whose term expires may serve upon request of the Judicial Council until a
255 successor is appointed and qualified.
256 (3) (a) The justices of the Supreme Court shall elect a chief justice from among the
257 members of the court by a majority vote of all justices.
258 (b) The term of the office of chief justice is four years.
259 (c) The chief justice may serve successive terms.
260 (d) The chief justice may resign from the office of chief justice without resigning from
261 the Supreme Court.
262 (e) The chief justice may be removed from the office of chief justice by a majority vote
263 of all justices of the Supreme Court.
264 (f) The chief justice shall receive the sum of $2,000 per annum as additional
265 compensation for the period served as chief justice.
266 (4) (a) If the justices are unable to elect a chief justice within 30 days of a vacancy in
267 that office, the associate chief justice shall act as chief justice until a chief justice is elected
268 under this section.
269 (b) If the associate chief justice is unable or unwilling to act as chief justice, the most
270 senior justice shall act as chief justice until a chief justice is elected under this section.
271 (5) In addition to the chief justice's duties as a member of the Supreme Court, the chief
272 justice has duties as provided by law.
273 (6) (a) There is created the office of associate chief justice.
274 (b) The term of office of the associate chief justice is two years.
275 (c) The associate chief justice shall be:
276 (i) elected by a majority vote of the members of the Supreme Court [
277 (ii) allocated duties as the chief justice determines.
278 (d) If the chief justice is absent or otherwise unable to serve, the associate chief justice
279 shall serve as chief justice.
280 (e) The chief justice may delegate responsibilities to the associate chief justice as
281 consistent with law.
282 (f) The associate chief justice shall receive the sum of $1,000 per annum for the period
283 served as associate chief justice.
284 Section 5. Section 78A-4-102 is amended to read:
285 78A-4-102. Number of judges -- Terms -- Presiding judge -- Associate presiding
286 judge -- Filing fees.
287 (1) (a) The Court of Appeals consists of seven judges.
288 (b) The term of appointment to office as a judge of the Court of Appeals is until the
289 first general election held more than three years after the effective date of the appointment.
290 (c) [
291 of office of a judge of the Court of Appeals is six years and commences on the first Monday in
292 January, next following the date of election.
293 (d) A judge whose term expires may serve, upon request of the Judicial Council, until a
294 successor is appointed and qualified. [
295
296 (2) (a) The Court of Appeals shall sit and render judgment in panels of three judges.
297 (b) Assignment to panels shall be by random rotation of all judges of the Court of
298 Appeals.
299 (c) The Court of Appeals by rule shall provide for the selection of a chair for each
300 panel.
301 (d) The Court of Appeals may not sit en banc.
302 (3) (a) The judges of the Court of Appeals shall elect a presiding judge from among the
303 members of the court by majority vote of all judges.
304 (b) The term of office of the presiding judge is two years and until a successor is
305 elected.
306 (c) A presiding judge of the Court of Appeals may serve in that office no more than
307 two successive terms.
308 (d) The Court of Appeals may by rule provide for an acting presiding judge to serve in
309 the absence or incapacity of the presiding judge.
310 (e) The presiding judge of the Court of Appeals shall receive $2,000 per annum of
311 additional compensation for the period served as presiding judge.
312 (4) (a) The presiding judge may be removed from the office of presiding judge by
313 majority vote of all judges of the Court of Appeals.
314 (b) In addition to the duties of a judge of the Court of Appeals, the presiding judge
315 shall:
316 [
317 [
318 [
319 [
320 (5) (a) The judges of the Court of Appeals shall elect an associate presiding judge from
321 among the members of the court by majority vote of all judges.
322 (b) The associate presiding judge of the Court of Appeals shall receive $1,000 per
323 annum as additional compensation for the period served as associate presiding judge.
324 [
325 Section 6. Section 78A-5-106 is amended to read:
326 78A-5-106. Presiding judge -- Associate presiding judge -- Election -- Term --
327 Compensation -- Powers -- Duties.
328 (1) In judicial districts having more than one district court judge, the district court
329 judges shall elect one judge of the district to the office of presiding judge.
330 (2) In judicial districts having more than two district court judges, the district court
331 judges may elect one judge of the district to the office of associate presiding judge.
332 (3) [
333
334 compensation for the period served as presiding judge.
335 (4) [
336
337 per annum as compensation for the period served as associate presiding judge.
338 (5) The presiding judge has the following authority and responsibilities, consistent with
339 the policies of the Judicial Council:
340 (a) implementing policies of the Judicial Council; and
341 (b) exercising powers and performing administrative duties as authorized by the
342 Judicial Council.
343 (6) (a) When the presiding judge is unavailable, the associate presiding judge shall
344 assume the responsibilities of the presiding judge.
345 (b) The associate presiding judge shall perform other duties assigned by the presiding
346 judge.
347 Section 7. Section 78A-6-203 is amended to read:
348 78A-6-203. Board of Juvenile Court Judges -- Composition -- Purpose --
349 Presiding judge -- Associate presiding judge.
350 (1) (a) The Judicial Council shall, by rule, establish a Board of Juvenile Court Judges.
351 (b) The board shall establish general policies for the operation of the juvenile courts
352 and uniform rules and forms governing practice, consistent with the provisions of this chapter,
353 the rules of the Judicial Council, and the rules of the Supreme Court.
354 (c) (i) The board may receive and expend any funds that may become available from
355 the federal government or private sources to carry out any of the purposes described in
356 Subsection 78A-6-102(5) .
357 (ii) The board may meet any federal requirements that are conditions precedent to
358 receiving the funds.
359 (iii) The board may cooperate with the federal government in a program for training
360 personnel employed, or preparing for employment, by the juvenile court and may receive and
361 expend funds from federal or state sources or from private donations for these purposes.
362 (iv) Funds donated or paid to the juvenile court by private sources for the purpose of
363 compensatory service programs are nonlapsing.
364 (v) The board may:
365 (A) contract with public or nonprofit institutions of higher learning for the training of
366 personnel;
367 (B) conduct short-term training courses of the board's own and hire experts on a
368 temporary basis for this purpose; and
369 (C) cooperate with the Division of Child and Family Services and other state
370 departments or agencies in personnel training programs.
371 (d) The board may contract, on behalf of the juvenile court, with the United States
372 Forest Service or other agencies or departments of the federal government or with agencies or
373 departments of other states for the care and placement of minors adjudicated under Title 80,
374 Utah Juvenile Code.
375 (e) The powers to contract and expend funds are subject to budgetary control and
376 procedures as provided by law.
377 (2) Under the direction of the presiding officer of the council, the chair shall supervise
378 the juvenile courts to:
379 (a) ensure uniform adherence to law and to the rules and forms adopted by the Supreme
380 Court and Judicial Council; and
381 (b) promote the proper and efficient functioning of the juvenile courts.
382 [
383
384 [
385
386
387 (3) (a) In judicial districts having more than one juvenile court judge, the juvenile court
388 judges shall elect one judge of the district to the office of presiding judge.
389 (b) The presiding judge shall receive $2,000 per annum as additional compensation for
390 the period served as presiding judge.
391 (4) (a) In judicial districts having more than two juvenile court judges, the juvenile
392 court judges may elect one judge of the district to the office of associate presiding judge.
393 (b) The associate presiding judge shall receive $1,000 per annum as additional
394 compensation for the period served as associate presiding judge.
395 [
396 Judicial Council, shall:
397 (a) implement policies of the Judicial Council;
398 (b) exercise powers and perform administrative duties as authorized by the Judicial
399 Council;
400 (c) manage the judicial business of the district; and
401 (d) call and preside over meetings of juvenile court judges of the district.
402 (6) (a) When the presiding judge is unavailable, the associate presiding judge shall
403 assume the responsibilities of the presiding judge.
404 (b) The associate presiding judge shall perform other duties assigned by the presiding
405 judge.
406 Section 8. Section 78A-7-202 is amended to read:
407 78A-7-202. Justice court judges to be appointed -- Procedure.
408 (1) As used in this section:
409 (a) "Local government executive" means:
410 (i) for a county:
411 (A) the chair of the county commission in a county operating under the county
412 commission or expanded county commission form of county government;
413 (B) the county executive in a county operating under the county executive-council form
414 of county government; and
415 (C) the county manager in a county operating under the council-manager form of
416 county government;
417 (ii) for a city or town:
418 (A) the mayor of the city or town; or
419 (B) the city manager, in the council-manager form of government described in
420 Subsection 10-3b-103(7); and
421 (iii) for a metro township, the chair of the metro township council.
422 (b) "Local legislative body" means:
423 (i) for a county, the county commission or county council; and
424 (ii) for a city or town, the council of the city or town.
425 (2) (a) There is created in each county a county justice court nominating commission to
426 review applicants and make recommendations to the appointing authority for a justice court
427 position.
428 (b) The commission shall be convened when a new justice court judge position is
429 created or when a vacancy in an existing court occurs for a justice court located within the
430 county.
431 [
432 (i) one member appointed by:
433 (A) the county commission if the county has a county commission form of
434 government; or
435 (B) the county executive if the county has an executive-council form of government;
436 (ii) one member appointed by the municipalities in the counties as follows:
437 (A) if the county has only one municipality, appointment shall be made by the
438 governing authority of that municipality; or
439 (B) if the county has more than one municipality, appointment shall be made by a
440 municipal selection committee composed of the mayors of each municipality and the chairs of
441 each metro township in the county;
442 (iii) one member appointed by the county bar association; and
443 (iv) two members appointed by the governing authority of the jurisdiction where the
444 judicial office is located.
445 [
446 (2)[
447 (ii) If no regional bar association exists, the state bar association shall make the
448 appointment.
449 [
450 appointing authority or an elected official of a county or municipality.
451 [
452 commission shall submit at least three names to the appointing authority of the jurisdiction
453 expected to be served by the judge.
454 (ii) If there are fewer than three applicants for a justice court vacancy, the nominating
455 commission shall submit all qualified applicants to the appointing authority of the jurisdiction
456 expected to be served by the judge.
457 (iii) The local government executive shall appoint a judge from the list submitted and
458 the appointment ratified by the local legislative body.
459 [
460 (ii) The Judicial Council shall establish rules and procedures for the conduct of the
461 commission.
462 [
463
464
465 (3) (a) A judicial vacancy for a justice court shall be announced:
466 (i) as an employment opportunity on the Utah Courts' website;
467 (ii) in an email to the members of the Utah State Bar; and
468 (iii) on the Utah Public Notice Website, created in Section 63A-16-601.
469 (b) A judicial vacancy for a justice court may also be advertised through other
470 appropriate means.
471 (4) Selection of candidates shall be based on compliance with the requirements for
472 office and competence to serve as a judge.
473 (5) (a) Once selected, every prospective justice court judge shall attend an orientation
474 seminar conducted under the direction of the Judicial Council.
475 (b) Upon completion of the orientation [
476 (5)(a), the Judicial Council shall certify the justice court judge as qualified to hold office.
477 (6) (a) The selection of a person to fill the office of justice court judge is effective upon
478 certification of the judge by the Judicial Council.
479 (b) A justice court judge may not perform judicial duties until certified by the Judicial
480 Council.
481 Section 9. Section 78A-7-206 is amended to read:
482 78A-7-206. Determination of compensation and limits -- Salary survey -- Limits
483 on secondary employment -- Prohibition on holding political or elected office -- Penalties.
484 (1) Every justice court judge shall be paid a fixed compensation determined by the
485 governing body of the respective municipality or county.
486 (a) The governing body of the municipality or county may not set a full-time justice
487 court judge's salary at less than 50% nor more than 90% of a district court judge's salary.
488 (b) The governing body of the municipality or county shall set a part-time justice court
489 judge's salary as follows:
490 (i) The governing body shall first determine the full-time salary range outlined in
491 Subsection (1)(a).
492 (ii) The caseload of a part-time judge shall be determined by the office of the state
493 court administrator and expressed as a percentage of the caseload of a full-time judge.
494 (iii) The judge's salary shall then be determined by applying the percentage determined
495 in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).
496 (c) A justice court judge shall receive an annual salary adjustment at least equal to the
497 average salary adjustment for all county or municipal employees for the jurisdiction served by
498 the judge.
499 (d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary
500 greater than 90% of the salary of a district court judge.
501 (e) A justice court judge employed by more than one entity as a justice court judge may
502 not receive a total salary for service as a justice court judge greater than the salary of a district
503 court judge.
504 (f) A salary described in this Subsection (1) does not include additional compensation
505 provided for a presiding judge or associate presiding judge of a justice court under Section
506 78A-7-209.5.
507 (2) A justice court judge may not appear as an attorney in any:
508 (a) justice court;
509 (b) criminal matter in any federal, state, or local court; or
510 (c) juvenile court case involving conduct which would be criminal if committed by an
511 adult.
512 (3) A justice court judge may not hold any office or employment including contracting
513 for services in any justice agency of state government or any political subdivision of the state
514 including law enforcement, prosecution, criminal defense, corrections, or court employment.
515 (4) A justice court judge may not hold any office in any political party or organization
516 engaged in any political activity or serve as an elected official in state government or any
517 political subdivision of the state.
518 (5) A justice court judge may not own or be employed by any business entity which
519 regularly litigates in small claims court.
520 (6) The Judicial Council shall file a formal complaint with the Judicial Conduct
521 Commission for each violation of this section.
522 Section 10. Section 78A-7-209.5 is enacted to read:
523 78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers --
524 Duties.
525 (1) (a) In judicial districts having more than one justice court judge, the justice court
526 judges shall elect one judge of the district to the office of presiding judge.
527 (b) The presiding judge shall receive an additional $2,000 per annum as compensation
528 from the Justice Court Technology, Security, and Training Account described in Section
529 78A-7-301 for the period served as presiding judge.
530 (2) (a) In judicial districts having more than two justice court judges, the justice court
531 judges may elect one judge of the district to the office of associate presiding judge.
532 (b) The associate presiding judge shall receive an additional $1,000 per annum as
533 compensation from the Justice Court Technology, Security, and Training Account described in
534 Section 78-7-301 for the period served as associate presiding judge.
535 (3) The presiding judge has the following authority and responsibilities, consistent with
536 the policies of the Judicial Council:
537 (a) working with each justice court judge in the district to implement policies and rules
538 of the Judicial Council;
539 (b) exercising powers and performing administrative duties as authorized by the
540 Judicial Council;
541 (c) if there is no other appointed justice court judge in that court available, assigning a
542 justice court judge to hear a case in which a judge has been disqualified in accordance with
543 rules of the Supreme Court;
544 (d) if a justice court judge of the district cannot perform the justice court judge's duties
545 in a case or cases due to illness, death, or other incapacity, and the governing body has not
546 appointed a temporary justice court judge in accordance with Section 78A-7-208:
547 (i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
548 (ii) facilitating judicial coverage with the appointing municipal or county authority
549 until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208,
550 or a new justice court judge is formally appointed and takes office, in accordance with Section
551 78A-7-202; and
552 (e) entering orders of expungement in cases expunged in accordance with Section
553 77-40-114.
554 (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
555 assume the responsibilities of the presiding judge.
556 (b) The associate presiding judge shall perform other duties assigned by the presiding
557 judge.
558 Section 11. Section 78A-7-301 is amended to read:
559 78A-7-301. Justice Court Technology, Security, and Training Account
560 established -- Funding -- Uses.
561 (1) There is created a restricted account in the General Fund known as the Justice
562 Court Technology, Security, and Training Account.
563 [
564 surcharge established in Subsection 78A-7-122(4)(b)(iii).
565 [
566 the Courts to be used for:
567 (a) audit, technology, security, and training needs in justice courts throughout the
568 state[
569 (b) additional compensation for presiding judges and associate presiding judges for
570 justice courts under Section 78A-7-209.5.