Senator Stephanie Pitcher 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: Stephanie Pitcher

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          63I-1-236, as last amended by Laws of Utah 2022, Chapters 175, 247
32          78A-7-101, as last amended by Laws of Utah 2012, Chapter 205
33          78A-7-201, as last amended by Laws of Utah 2016, Chapter 146
34          78A-7-206, as last amended by Laws of Utah 2022, Chapter 276
35     ENACTS:
36          36-29-112, Utah Code Annotated 1953
37     REPEALS:
38          78A-7-207, as renumbered and amended by Laws of Utah 2008, Chapter 3
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 36-29-112 is enacted to read:
42          36-29-112. Justice Court Reform Task Force.
43          (1) As used in this section, "task force" means the Justice Court Reform Task Force
44     created in Subsection (2).
45          (2) There is created the Justice Court Reform Task Force consisting of the following
46     members:
47          (a) two members of the Senate, appointed by the president of the Senate;
48          (b) two members of the House of Representatives, appointed by the speaker of the
49     House of Representatives;
50          (c) the state court administrator or the state court administrator's designee;
51          (d) the executive director of the State Commission on Criminal and Juvenile Justice or
52     the executive director's designee;
53          (e) one member representing municipalities, appointed by the Utah League of Cities
54     and Towns;
55          (f) one member representing counties, appointed by the Utah Association of Counties;
56     and
57          (g) one attorney representing the Utah State Bar, appointed by the Utah State Bar.
58          (3) (a) The president of the Senate shall designate a member of the Senate appointed
59     under Subsection (2)(a) as a cochair of the task force.
60          (b) The speaker of the House of Representatives shall designate a member of the House
61     of Representatives appointed under Subsection (2)(b) as a cochair of the task force.
62          (4) If a vacancy occurs in the membership of the task force described in Subsection (2),
63     the member shall be replaced in the same manner in which the original appointment was made.
64          (5) (a) A majority of the members of the task force constitutes a quorum.
65          (b) The action of a majority of a quorum constitutes an action of the task force.
66          (6) Salaries and expenses of the members of the task force who are legislators shall be
67     paid in accordance with:
68          (a) Section 36-2-2;
69          (b) Legislative Joint Rules, Title 5, Chapter 2, Lodging, Meal, and Transportation
70     Expenses; and
71          (c) Legislative Joint Rules, Title 5, Chapter 3, Legislator Compensation.
72          (7) A member of the task force who is not a legislator:
73          (a) may not receive compensation for the member's work associated with the task
74     force; and
75          (b) may receive per diem and reimbursement for travel expenses incurred as a member
76     of the task force at the rates established by the Division of Finance under Sections 63A-3-106
77     and 63A-3-107.
78          (8) The Office of Legislative Research and General Counsel shall provide staff support
79     to the task force.
80          (9) The task force shall review the court system of this state and make
81     recommendations regarding:
82          (a) the structure and organization of the court system of this state;
83          (b) appeals from the justice court to the district court;
84          (c) qualifications and requirements for justice court judges;
85          (d) the procedures and practices for small claims cases and infractions; and
86          (e) other changes related to justice courts.
87          (10) On or before November 30 of each year that the task force is in effect, the task
88     force shall provide a report, including any proposed legislation, to:
89          (a) the Judiciary Interim Committee; and
90          (b) the Legislative Management Committee.
91          (11) The task force is repealed July 1, 2025.
92          Section 2. Section 63I-1-236 is amended to read:
93          63I-1-236. Repeal dates: Title 36.
94          (1) Title 36, Chapter 17, Legislative Process Committee, is repealed January 1, 2028.
95          (2) Section 36-12-20 is repealed June 30, 2023.
96          (3) Title 36, Chapter 28, Veterans and Military Affairs Commission, is repealed
97     January 1, 2025.
98          (4) Section 36-29-108, Criminal Code Evaluation Task Force, is repealed July 1, 2023.
99          (5) Section 36-29-112, Justice Court Reform Task Force, is repealed July 1, 2025.
100          [(5) Title 36, Chapter 31, Martha Hughes Cannon Capitol Statue Oversight Committee,
101     is repealed January 1, 2022.]
102          Section 3. Section 78A-7-101 is amended to read:
103          78A-7-101. Creation of justice court -- Not of record -- Independent branch of
104     local government -- Classes of justice.
105          (1) (a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of
106     record known as the justice court.
107          (b) The judges of this court are justice court judges.
108          (2) A justice court is:
109          (a) a court of this state in accordance with Section 78A-1-101;
110          (b) a part of the state judiciary even though the justice court is funded and staffed by a
111     municipality or county; and
112          (c) independent from the other branches of government for a municipality or county.
113          (3) A justice court may not be treated as part of the executive or legislative branches or
114     offices of a municipality or county.
115          (4) A municipality or county may only operate a justice court as authorized by this
116     chapter.
117          [(2)] (5) Justice courts shall be divided into the following classes:
118          (a) Class I: 501 or more case filings per month;
119          (b) Class II: 201-500 case filings per month;
120          (c) Class III: 61-200 case filings per month; and
121          (d) Class IV: 60 or fewer case filings per month.
122          Section 4. Section 78A-7-201 is amended to read:
123          78A-7-201. Justice court judge eligibility -- Mandatory retirement.
124          (1) A justice court judge shall be:
125          (a) a citizen of the United States;
126          (b) 25 years [of age] old or older;
127          (c) a resident of Utah for at least three years immediately preceding [his] the judge's
128     appointment;
129          (d) upon appointment or within a reasonable time after appointment, a resident of the
130     county, an adjacent county, or the judicial district in which the justice court is located; and
131          [(d) a resident of the county in which the court is located or an adjacent county for at
132     least six months immediately preceding appointment; and]
133          (e) a qualified voter of the county in which the judge resides.
134          (2) (a) On and after May 3, 2023, a justice court judge shall have a degree from a law
135     school that makes one eligible to apply for admission to a bar in any state.
136          (b) A justice court judge holding office on May 3, 2023, who does not meet the
137     qualification described in Subsection (2)(a) may continue in office until the judge resigns,
138     retires, is not retained in a retention election, or is removed from office.
139          (3) Notwithstanding Subsection (2), a justice court judge is not required to be admitted
140     to practice law in the state as a qualification to hold office.
141          [(2) Effective May 10, 2016, a justice court judge is not required to be admitted to
142     practice law in the state as a qualification to hold office but:]
143          [(a) in counties of the first and second class, a justice court judge shall have a degree
144     from a law school that makes one eligible to apply for admission to a bar in any state; and]
145          [(b) in counties of the third, fourth, fifth, and sixth class, a justice court judge shall
146     have at the minimum a diploma of graduation from high school or its equivalent.]
147          [(3)] (4) A justice court judge shall be a person who has demonstrated maturity of
148     judgment, integrity, and the ability to understand and apply appropriate law with impartiality.
149          [(4)] (5) A justice court judge shall retire upon attaining the age of 75 years.
150          (6) If there are not at least two applicants for a justice court judge position who meet
151     the requirement of Subsection (2)(a), the justice court nominating commission may:
152          (a) re-advertise the position; and
153          (b) accept applications from individuals who do not meet the requirement of
154     Subsection (2)(a).
155          [(5) In counties of the first and second class, if there are not at least three applicants for
156     a justice court judge position who meet the requirements of Subsection (2)(a), the justice court
157     nominating commission shall re-advertise the position, and may accept applications from
158     persons who do not meet the requirements of Subsections (1)(d) and (2)(a).]
159          [(6) (a) In accordance with Subsection 78A-7-202(3), the Administrative Office of the
160     Courts shall provide notice to all attorneys in the county and adjacent counties when a justice
161     court judge position is vacant.]
162          [(b) If the justice court nominating commission waives the requirement of Subsection
163     (1)(d) in accordance with Subsection (5), the Administrative Office of the Courts shall provide
164     notice to all attorneys in the state.]
165          [(7) A justice court judge holding office on May 10, 2016, who does not meet the
166     qualification in Subsection (2)(a) may continue in the judge's position until the judge resigns,
167     retires, is not retained in a retention election, or is removed from office.]
168          Section 5. Section 78A-7-206 is amended to read:
169          78A-7-206. Determination of compensation for justice court judge -- Limits on
170     secondary employment -- Prohibition on holding political or elected office -- Penalties.
171          (1) Every justice court judge shall be paid a fixed compensation determined by the
172     governing body of the respective municipality or county.
173          (a) The governing body of the municipality or county may not set a full-time justice
174     court judge's salary at less than [50%] 70% nor more than 90% of a district court judge's salary.
175          (b) The governing body of the municipality or county shall set a part-time justice court
176     judge's salary as follows:
177          (i) The governing body shall first determine the full-time salary range outlined in
178     Subsection (1)(a).
179          (ii) The caseload of a part-time judge shall be determined by the office of the state
180     court administrator and expressed as a percentage of the caseload of a full-time judge.
181          (iii) The judge's salary shall then be determined by applying the percentage determined
182     in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).
183          (c) A justice court judge shall receive an annual salary adjustment at least equal to the
184     average salary adjustment for all county or municipal employees for the jurisdiction served by
185     the judge.
186          (d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary
187     greater than 90% of the salary of a district court judge.
188          (e) A justice court judge employed by more than one entity as a justice court judge may
189     not receive a total salary for service as a justice court judge greater than the salary of a district
190     court judge.
191          (f) A salary described in this Subsection (1) does not include additional compensation
192     provided for a presiding judge or associate presiding judge of a justice court under Section
193     78A-7-209.5.
194          (2) A justice court judge may not appear as an attorney in any:
195          (a) justice court;
196          (b) criminal matter in any federal, state, or local court; or
197          (c) juvenile court case involving conduct which would be criminal if committed by an
198     adult.
199          (3) A justice court judge may not hold any office or employment including contracting
200     for services in any justice agency of state government or any political subdivision of the state
201     including law enforcement, prosecution, criminal defense, corrections, or court employment.
202          (4) A justice court judge may not hold any office in any political party or organization
203     engaged in any political activity or serve as an elected official in state government or any
204     political subdivision of the state.
205          (5) A justice court judge may not own or be employed by any business entity which
206     regularly litigates in small claims court.
207          (6) The Judicial Council shall file a formal complaint with the Judicial Conduct
208     Commission for each violation of this section.
209          Section 6. Repealer.
210          This bill repeals:
211          Section 78A-7-207, Compensation -- Annual review and adjustment.