78A-4 - Court of Appeals
Title 78A > 78A-4
Sections (7)
General Provisions
78A-4-101 - Creation — Seal.
There is created a court known as the Court of Appeals. The Court of Appeals is a court of record and shall have a seal.
78A-4-102 - Number of judges — Terms — Presiding judge — Associate presiding judge — Filing fees.
78A-4-102(1) The Court of Appeals consists of seven judges. The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment. After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election. A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified. 78A-4-102(2) The Court of Appeals shall sit and render judgment in panels of three judges. Assignment to panels shall be by random rotation of all judges of the Court of Appeals. The Court of Appeals by rule shall provide for the selection of a chair for each panel. The Court of Appeals may not sit en banc. 78A-4-102(3) The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges. The term of office of the presiding judge is two years and until a successor is elected. A presiding judge of the Court of Appeals may serve in that office no more than two successive terms. The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge. The presiding judge of the Court of Appeals shall receive 1,000 per annum as additional compensation for the period served as associate presiding judge. 78A-4-102(6) Filing fees for the Court of Appeals are the same as for the Supreme Court.
78A-4-103 - Jurisdiction of Court of Appeals.
78A-4-103(1) As used in this section, “adjudicative proceeding” does not include a proceeding under Title 63G, Chapter 2, Part 4, Appeals, that precedes judicial review under Section 63G-2-404. 78A-4-103(2) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all writs and process necessary:to carry into effect the judgments, orders, and decrees of the Court of Appeals; orin aid of the jurisdiction of the Court of Appeals. 78A-4-103(3) The Court of Appeals has original appellate jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:except as provided in Subsection 78A-3-102(4)(a)(i), a final agency action, as described in Section 63G-4-403, originating from:a formal adjudicative proceeding of a state agency;a special adjudicative proceeding, as described in Section 19-1-301.5; ora hearing before a local school board or the State Board of Education as described in Section 53G-11-515; orexcept as provided in Subsection 78A-3-102(4)(a)(ii), an appeal from the district court review of an informal adjudicative proceeding of an agency;appeals from the district court review of:adjudicative proceedings of agencies of political subdivisions of the state or other local agencies; anda challenge to agency action under Section 63G-3-602;appeals from the juvenile courts;interlocutory appeals from any court of record in criminal cases, except those involving a charge of a first degree or capital felony;appeals from a court of record in criminal cases, except those involving a conviction or charge of a first degree felony or capital felony;appeals from orders on petitions for extraordinary writs sought by persons who are incarcerated or serving any other criminal sentence, except for petitions constituting a challenge to a conviction of or the sentence for a first degree or capital felony;appeals from the orders on petitions for extraordinary writs challenging the decisions of the Board of Pardons and Parole except in cases involving a first degree or capital felony;appeals from district court involving domestic relations cases, including, but not limited to, divorce, annulment, property division, child custody, support, parent-time, visitation, adoption, and paternity;appeals from the Utah Military Court; andcases transferred to the Court of Appeals from the Supreme Court. 78A-4-103(4) The Court of Appeals does not have appellate jurisdiction over an appeal of an injunctive order described in Section 78B-5-1002. 78A-4-103(5) Notwithstanding Subsection (3), the Court of Appeals upon its own motion only and by the vote of four judges of the court may certify to the Supreme Court for original appellate review and determination any matter over which the Court of Appeals has original appellate jurisdiction. 78A-4-103(6) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the Court of Appeals’s review of an agency adjudicative proceeding.
78A-4-104 - Location of Court of Appeals.
The Court of Appeals has its principal location in Salt Lake City. The Court of Appeals may perform any of its functions in any location within the state.
78A-4-105 - Review of actions by Supreme Court.
Review of the judgments, orders, and decrees of the Court of Appeals shall be by petition for writ of certiorari to the Supreme Court.
78A-4-106 - Appellate Mediation Office — Protected records and information — Governmental immunity.
78A-4-106(1) Unless a more restrictive rule of court is adopted pursuant to Subsection 63G-2-201(3)(b), information and records relating to any matter on appeal received or generated by the Chief Appellate Mediator or other staff of the Appellate Mediation Office as a result of any party’s participation or lack of participation in the settlement program shall be maintained as protected records pursuant to Subsections 63G-2-305(17), (18), and (33). 78A-4-106(2) In addition to the access restrictions on protected records provided in Section 63G-2-202, the information and records may not be disclosed to judges, staff, or employees of any court of this state. 78A-4-106(3) The Chief Appellate Mediator may disclose statistical and other demographic information as may be necessary and useful to report on the status and to allow supervision and oversight of the Appellate Mediation Office. 78A-4-106(4) When acting as mediators, the Chief Appellate Mediator and other professional staff of the Appellate Mediation Office shall be immune from liability pursuant to Title 63G, Chapter 7, Governmental Immunity Act of Utah. 78A-4-106(5) Pursuant to Utah Constitution, Article VIII, Section 4, the Supreme Court may exercise overall supervision of the Appellate Mediation Office as part of the appellate process.
Juvenile Courts
78A-4-201 - Appellate review of juvenile courts.
To uphold the clear and compelling fundamental liberty interests and constitutionally protected rights of parents and the strong public policy in favor of maximizing family unification, appropriate appellate review shall be made available and applied in furtherance of those interests.