Representative Jon Hawkins proposes the following substitute bill:


1     
JUSTICE COURT CHANGES

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Hawkins

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     General Description:
9           This bill amends provisions related to justice courts.
10     Highlighted Provisions:
11          This bill:
12          ▸     creates the Justice Court Reform Task Force;
13          ▸     provides the membership of the Justice Court Reform Task Force;
14          ▸     addresses vacancies, salaries and expenses, staffing, and the duties of the Justice
15     Court Reform Task Force;
16          ▸     provides a sunset date for the Justice Court Reform Task Force;
17          ▸     clarifies that a justice court is part of the state judiciary;
18          ▸     addresses the independence of a justice court from other branches of government for
19     a municipality or county;
20          ▸     amends the eligibility requirements for a justice court judge;
21          ▸     amends provisions regarding the salary of a justice court judge;
22          ▸     repeals a statute regarding an annual review and adjustment of a justice court
23     judge's compensation; and
24          ▸     makes technical and conforming changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:
28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          49-12-406, as last amended by Laws of Utah 2021, Chapter 193
32          49-13-406, as last amended by Laws of Utah 2021, Chapter 193
33          63I-1-236, as last amended by Laws of Utah 2022, Chapters 175, 247
34          78A-7-101, as last amended by Laws of Utah 2012, Chapter 205
35          78A-7-201, as last amended by Laws of Utah 2016, Chapter 146
36          78A-7-206, as last amended by Laws of Utah 2022, Chapter 276
37     ENACTS:
38          36-29-112, Utah Code Annotated 1953
39     REPEALS:
40          78A-7-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 36-29-112 is enacted to read:
44          36-29-112. Justice Court Reform Task Force.
45          (1) As used in this section, "task force" means the Justice Court Reform Task Force
46     created in Subsection (2).
47          (2) There is created the Justice Court Reform Task Force consisting of the following
48     members:
49          (a) three members of the Senate appointed by the president of the Senate, no more than
50     two of whom may be from the same political party; and
51          (b) four members of the House of Representatives appointed by the speaker of the
52     House of Representatives, no more than three of whom may be from the same political party.
53          (3) (a) The president of the Senate shall designate a member of the Senate appointed
54     under Subsection (2)(a) as a cochair of the task force.
55          (b) The speaker of the House of Representatives shall designate a member of the House
56     of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
57          (4) If a vacancy occurs in the membership of the task force described in Subsection (2),
58     the member shall be replaced in the same manner in which the original appointment was made.
59          (5) (a) A majority of the members of the task force constitutes a quorum.
60          (b) The action of a majority of a quorum constitutes an action of the task force.
61          (6) Salaries and expenses of the members of the task force who are legislators shall be
62     paid in accordance with:
63          (a) Section 36-2-2;
64          (b) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
65     Expenses; and
66          (c) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
67          (7) The Office of Legislative Research and General Counsel shall provide staff support
68     to the task force.
69          (8) The task force shall review the court system of this state and make
70     recommendations regarding:
71          (a) the structure and organization of the court system of this state;
72          (b) appeals from the justice court to the district court;
73          (c) qualifications and requirements for justice court judges;
74          (d) the procedures and practices for small claims cases and infractions; and
75          (e) other changes related to justice courts.
76          (9) If the task force recommends legislation, the task force may prepare legislation for
77     consideration by the Legislature at the next general session.
78          (10) On or before November 30 of each year that the task force is in effect, the task
79     force shall provide a report to:
80          (a) the Judiciary Interim Committee; and
81          (b) the Legislative Management Committee.
82          (11) The task force is repealed July 1, 2025.
83          Section 2. Section 49-12-406 is amended to read:
84          49-12-406. Exceptions for part-time elective or appointive service -- Computation
85     of allowance -- Justice court judges.
86          (1) Notwithstanding the provisions of Sections 49-11-401 and 49-12-102, and unless
87     otherwise provided in this section, a member's elective or appointive service rendered on a
88     basis not considered full-time by the office shall have a separate allowance computed on the
89     basis of compensation actually received by the member during the period of elective or
90     appointive service.
91          (2) (a) (i) A justice court judge who has service with only one participating employer
92     shall be considered part-time or full-time by the office as certified by the participating
93     employer.
94          (ii) If there is a dispute between the office and a participating employer or justice court
95     judge over whether service is full-time or part-time for any employment period, the disputed
96     service shall be submitted by the office to the Administrative Office of the Courts for
97     determination.
98          (b) If a justice court judge has a combination of part-time service and full-time position
99     service with one participating employer, the office shall compute separate allowances on the
100     basis of compensation actually received by the judge during the part-time and full-time periods
101     of service.
102          (3) (a) A justice court judge who has service with more than one participating
103     employer shall be considered full-time by the office for a period of service in which the judge
104     is certified as full-time by:
105          (i) a participating employer;
106          (ii) a group of participating employers where the judge's part-time work for each
107     employer, when aggregated, amounts to full-time service; or
108          (iii) the Administrative Office of the Courts beginning on or after January 1, 2009,
109     based on the judge's aggregate caseload of the multiple employers as determined by the judge's
110     caseloads of the individual courts of each employer in accordance with Subsection
111     [78A-7-206(1)(b)(ii)] 78A-7-206(2)(a).
112          (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
113     compute an allowance on the basis of total compensation actually received from all
114     participating employers by the judge during the total period of full-time service.
115          (c) If a justice court judge has part-time service performed that is not within a period
116     considered full-time service under Subsection (3)(a), the office shall compute a separate
117     allowance on the basis of compensation actually received by the member during the period of
118     part-time service.
119          (d) If there is a dispute between the office and a participating employer, a group of
120     participating employers, or a justice court judge over whether service is full-time or part-time
121     for any employment period, the disputed service shall be submitted by the office to the
122     Administrative Office of the Courts for determination.
123          (4) All of the service rendered by a justice court judge in any one fiscal or calendar
124     year may not count for more than one year of service credit.
125          Section 3. Section 49-13-406 is amended to read:
126          49-13-406. Exceptions for part-time elective or appointive service -- Computation
127     of allowance -- Justice court judges.
128          (1) Notwithstanding the provisions of Sections 49-11-401 and 49-13-102, and unless
129     otherwise provided in this section, a member's elective or appointive service rendered on a
130     basis not considered full-time by the office shall have a separate allowance computed on the
131     basis of compensation actually received by the member during the period of elective or
132     appointive service.
133          (2) (a) (i) A justice court judge who has service with only one participating employer
134     shall be considered part-time or full-time by the office as certified by the participating
135     employer.
136          (ii) If there is a dispute between the office and a participating employer or justice court
137     judge over whether service is full-time or part-time for any employment period, the disputed
138     service shall be submitted by the office to the Administrative Office of the Courts for
139     determination.
140          (b) If a justice court judge has a combination of part-time service and full-time position
141     service with one participating employer, the office shall compute separate allowances on the
142     basis of compensation actually received by the judge during the part-time and full-time periods
143     of service.
144          (3) (a) A justice court judge who has service with more than one participating
145     employer shall be considered full-time by the office for a period of service in which the judge
146     is certified as full-time by:
147          (i) a participating employer;
148          (ii) a group of participating employers where the judge's part-time work for each
149     employer, when aggregated, amounts to full-time service; or
150          (iii) the Administrative Office of the Courts beginning on or after January 1, 2009,
151     based on the judge's aggregate caseload of the multiple employers as determined by the judge's
152     caseloads of the individual courts of each employer in accordance with Subsection
153     [78A-7-206(1)(b)(ii)] 78A-7-206(2)(a).
154          (b) If a justice court judge has full-time service under Subsection (3)(a), the office shall
155     compute an allowance on the basis of total compensation actually received from all
156     participating employers by the judge during the total period of full-time service.
157          (c) If a justice court judge has part-time service performed that is not within a period
158     considered full-time service under Subsection (3)(a), the office shall compute a separate
159     allowance on the basis of compensation actually received by the member during the period of
160     part-time service.
161          (d) If there is a dispute between the office and a participating employer, a group of
162     participating employers, or a justice court judge over whether service is full-time or part-time
163     for any employment period, the disputed service shall be submitted by the office to the
164     Administrative Office of the Courts for determination.
165          (4) All of the service rendered by a justice court judge in any one fiscal or calendar
166     year may not count for more than one year of service credit.
167          Section 4. Section 63I-1-236 is amended to read:
168          63I-1-236. Repeal dates: Title 36.
169          (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
170          (2) Section 36-12-20 is repealed June 30, 2023.
171          (3) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
172     January 1, 2025.
173          (4) Section 36-29-108, Criminal Code Evaluation Task Force, is repealed July 1, 2023.
174          (5) Section 36-29-112, Justice Court Reform Task Force, is repealed July 1, 2025.
175          [(5) Title 36, Chapter 31, Martha Hughes Cannon Capitol Statue Oversight Committee,
176     is repealed January 1, 2022.]
177          Section 5. Section 78A-7-101 is amended to read:
178          78A-7-101. Creation of justice court -- Not of record -- Independent branch of
179     local government -- Classes of justice.
180          (1) (a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of
181     record known as the justice court.
182          (b) The judges of this court are justice court judges.
183          (2) A justice court is:
184          (a) a court of this state in accordance with Section 78A-1-101;
185          (b) a part of the state judiciary even though the justice court is funded and staffed by a
186     municipality or county; and
187          (c) independent from the other branches of government for a municipality or county.
188          (3) A justice court may not be treated as part of the executive or legislative branches or
189     offices of a municipality or county.
190          (4) A municipality or county may only operate a justice court as authorized by this
191     chapter.
192          [(2)] (5) Justice courts shall be divided into the following classes:
193          (a) Class I: 501 or more case filings per month;
194          (b) Class II: 201-500 case filings per month;
195          (c) Class III: 61-200 case filings per month; and
196          (d) Class IV: 60 or fewer case filings per month.
197          Section 6. Section 78A-7-201 is amended to read:
198          78A-7-201. Justice court judge eligibility -- Mandatory retirement.
199          (1) A justice court judge shall be:
200          (a) a citizen of the United States;
201          (b) 25 years [of age] old or older;
202          (c) a resident of Utah for at least three years immediately preceding [his] the judge's
203     appointment;
204          (d) upon appointment or within a reasonable time after appointment, a resident of the
205     county, an adjacent county, or the judicial district in which the justice court is located; and
206          [(d) a resident of the county in which the court is located or an adjacent county for at
207     least six months immediately preceding appointment; and]
208          (e) a qualified voter of the county in which the judge resides.
209          (2) (a) On and after May 3, 2023, a justice court judge shall have a degree from a law
210     school that makes one eligible to apply for admission to a bar in any state.
211          (b) A justice court judge holding office on May 3, 2023, who does not meet the
212     qualification described in Subsection (2)(a) may continue in office until the judge resigns,
213     retires, is not retained in a retention election, or is removed from office.
214          (3) Notwithstanding Subsection (2), a justice court judge is not required to be admitted
215     to practice law in the state as a qualification to hold office.
216          [(2) Effective May 10, 2016, a justice court judge is not required to be admitted to
217     practice law in the state as a qualification to hold office but:]
218          [(a) in counties of the first and second class, a justice court judge shall have a degree
219     from a law school that makes one eligible to apply for admission to a bar in any state; and]
220          [(b) in counties of the third, fourth, fifth, and sixth class, a justice court judge shall
221     have at the minimum a diploma of graduation from high school or its equivalent.]
222          [(3)] (4) A justice court judge shall be a person who has demonstrated maturity of
223     judgment, integrity, and the ability to understand and apply appropriate law with impartiality.
224          [(4)] (5) A justice court judge shall retire upon attaining the age of 75 years.
225          [(5) In counties of the first and second class, if there are not at least three applicants for
226     a justice court judge position who meet the requirements of Subsection (2)(a), the justice court
227     nominating commission shall re-advertise the position, and may accept applications from
228     persons who do not meet the requirements of Subsections (1)(d) and (2)(a).]
229          [(6) (a) In accordance with Subsection 78A-7-202(3), the Administrative Office of the
230     Courts shall provide notice to all attorneys in the county and adjacent counties when a justice
231     court judge position is vacant.]
232          [(b) If the justice court nominating commission waives the requirement of Subsection
233     (1)(d) in accordance with Subsection (5), the Administrative Office of the Courts shall provide
234     notice to all attorneys in the state.]
235          [(7) A justice court judge holding office on May 10, 2016, who does not meet the
236     qualification in Subsection (2)(a) may continue in the judge's position until the judge resigns,
237     retires, is not retained in a retention election, or is removed from office.]
238          Section 7. Section 78A-7-206 is amended to read:
239          78A-7-206. Determination of compensation for justice court judge -- Limits on
240     secondary employment -- Prohibition on holding political or elected office -- Penalties.
241          [(1) Every justice court judge shall be paid a fixed compensation determined by the
242     governing body of the respective municipality or county.]
243          [(a) The governing body of the municipality or county may not set a full-time justice
244     court judge's salary at less than 50% nor more than 90% of a district court judge's salary.]
245          [(b) The governing body of the municipality or county shall set a part-time justice court
246     judge's salary as follows:]
247          [(i) The governing body shall first determine the full-time salary range outlined in
248     Subsection (1)(a).]
249          [(ii) The caseload of a part-time judge shall be determined by the office of the state
250     court administrator and expressed as a percentage of the caseload of a full-time judge.]
251          [(iii) The judge's salary shall then be determined by applying the percentage
252     determined in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).]
253          [(c) A justice court judge shall receive an annual salary adjustment at least equal to the
254     average salary adjustment for all county or municipal employees for the jurisdiction served by
255     the judge.]
256          [(d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary
257     greater than 90% of the salary of a district court judge.]
258          [(e) A justice court judge employed by more than one entity as a justice court judge
259     may not receive a total salary for service as a justice court judge greater than the salary of a
260     district court judge.]
261          [(f) A salary described in this Subsection (1) does not include additional compensation
262     provided for a presiding judge or associate presiding judge of a justice court under Section
263     78A-7-209.5.]
264          [(2)] (1) The governing body of a municipality or county shall pay a full-time justice
265     court judge a salary that is 90% of a district court judge's salary.
266          (2) The governing body of a municipality or county shall pay a part-time justice court
267     judge a salary that is determined by:
268          (a) the caseload of a part-time judge as established by the Administrative Office of the
269     Courts and expressed as a percentage of the caseload of a full-time justice court judge; and
270          (b) applying the percentage under Subsection (2)(a) against the salary of a full-time
271     justice court judge under Subsection (1).
272          (3) A justice court judge employed by more than one entity as a justice court judge may
273     not receive a total salary for service as a justice court judge greater than the salary of a district
274     court judge.
275          (4) A salary described in this section does not include additional compensation
276     provided for a presiding judge or associate judge of a justice court under Section 78A-7-209.5.
277          (5) A justice court judge may not appear as an attorney in any:
278          (a) justice court;
279          (b) criminal matter in any federal, state, or local court; or
280          (c) juvenile court case involving conduct which would be criminal if committed by an
281     adult.
282          [(3)] (6) A justice court judge may not hold any office or employment including
283     contracting for services in any justice agency of state government or any political subdivision
284     of the state including law enforcement, prosecution, criminal defense, corrections, or court
285     employment.
286          [(4)] (7) A justice court judge may not hold any office in any political party or
287     organization engaged in any political activity or serve as an elected official in state government
288     or any political subdivision of the state.
289          [(5)] (8) A justice court judge may not own or be employed by any business entity
290     which regularly litigates in small claims court.
291          [(6)] (9) The Judicial Council shall file a formal complaint with the Judicial Conduct
292     Commission for each violation of this section.
293          Section 8. Repealer.
294          This bill repeals:
295          Section 78A-7-207, Compensation -- Annual review and adjustment.