78A-7 - Justice Court
Title 78A > 78A-7
Sections (24)
Creation, Jurisdiction, and Procedure
78A-7-101.1 - Definitions for chapter.
As used in this chapter: 78A-7-101.1(1) “Adult high school student” means an individual who:is 18 years old and enrolled in high school at the time of the offense;is under 21 years old at the time of all court proceedings; andcommitted the offense on school property where the individual is enrolled:when school was in session; orduring a school-sponsored activity, as defined in Section 53G-8-211. 78A-7-101.1(2) “Body of water” includes any stream, river, lake, or reservoir, whether natural or man-made. 78A-7-101.1(3) “Domestic violence offense” means the same as that term is defined in Section 77-36-1. 78A-7-101.1(4) “Minor” means an individual who is 16 or 17 years old.
78A-7-101.5 - Creation of justice court — Not of record — Independent branch of local government — Classes of justice courts.
78A-7-101.5(1) Under Article VIII, Section 1, Utah Constitution, there is created a court not of record known as the justice court.The judges of this court are justice court judges. 78A-7-101.5(2) A justice court is:a court of this state in accordance with Section 78A-1-101;a part of the state judiciary even though the justice court is funded and staffed by a municipality or county; andindependent from the other branches of government for a municipality or county. 78A-7-101.5(3) A justice court may not be treated as part of the executive or legislative branches or offices of a municipality or county. 78A-7-101.5(4) A municipality or county may only operate a justice court as authorized by this chapter. 78A-7-101.5(5) Justice courts shall be divided into the following classes:Class I: 501 or more case filings per month;Class II: 201-500 case filings per month;Class III: 61-200 case filings per month; andClass IV: 60 or fewer case filings per month.
78A-7-102 - Establishment of justice courts.
78A-7-102(1) As used in this section, to “create a justice court” means to: establish a justice court; or establish a justice court under Title 11, Chapter 13, Interlocal Cooperation Act. For the purposes of this section, if more than one municipality or county is collectively proposing to create a justice court, the class of the justice court shall be determined by the total citations or cases filed within the territorial jurisdiction of the proposed justice court. 78A-7-102(2) A municipality or county of the first or second class may create a justice court by filing a written declaration with the Judicial Council on or before July 1 at least two years before the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the justice court under Section 78A-7-103. 78A-7-102(3) A municipality or county of the third, fourth, or fifth class may create a justice court by demonstrating the need for the justice court and filing a written declaration with the Judicial Council on or before July 1 at least one year before the effective date of the election. A municipality or county creating a justice court shall demonstrate to the Judicial Council that a justice court is needed. In evaluating the need for a justice court, the Judicial Council shall consider factors of population, case filings, public convenience, availability of law enforcement agencies and court support services, proximity to other courts, and any special circumstances. The Judicial Council shall certify the creation of the justice court under Section 78A-7-103, if the Judicial Council determines: a need exists; the municipality or county has filed a timely application; and the proposed justice court will be in compliance with all of the operating standards established by statute and the Judicial Council. 78A-7-102(4) A municipality that has a justice court may expand the territorial jurisdiction of the justice court by entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, with one or more other municipalities, or the county in which the municipality exists. A justice court enlarged under this Subsection (4) may not be considered as creating a new justice court. An expanded justice court shall demonstrate that it will be in compliance with all of the requirements of the operating standards as established by statute and the Judicial Council before the justice court expands. A municipality or county seeking to expand the territorial jurisdiction of a justice court shall notify the Judicial Council: no later than the notice period required in Section 78A-7-123, when the expanded justice court is a result of the dissolution of one or more justice courts; or no later than 180 days before the expanded court seeks to begin operation when the expanded justice court is a result of other circumstances. The Judicial Council shall certify the expansion of a justice court if it determines that the expanded justice court is in compliance with the operating standards established by statute and the Judicial Council. A municipality or county that has a justice court at the time of executing an interlocal agreement, under Title 11, Chapter 13, Interlocal Cooperation Act, to become part of an expanded court shall resume operation of the justice court upon termination of the interlocal agreement in accordance with this Subsection (4)(e) or dissolve its justice courts in accordance with Subsection (4)(e)(iii). The municipality or county shall notify the Judicial Council at least 90 days before resuming operations. The municipality or county shall demonstrate that the municipality’s or county’s justice court will be in compliance with the operating standards. If the Judicial Council determines that a justice court will not be in compliance with the operating standards, the Judicial Council shall direct the expanded justice court to continue operation until the Judicial Council is satisfied the municipality’s or county’s justice court will meet the operating standards or until the municipality or county dissolves the municipality’s or county’s justice court in accordance with Section 78A-7-123. If the interlocal agreement includes a municipality or county that did not have a justice court at the time the interlocal agreement was executed, the municipality or county shall notify the Judicial Council at least 180 days before termination of the interlocal agreement. In the notification, the municipality or county shall set forth its intentions in regard to adjudicating offenses committed within the municipality’s or county’s territorial boundaries. The Judicial Council may require the expanded justice court to continue operation until the Judicial Council is satisfied that the municipality’s or county’s caseload will be adequately subsumed by another justice court. 78A-7-102(5) Upon request from a municipality or county seeking to create a justice court, the Judicial Council may shorten the time required between the municipality’s or county’s written declaration or election to create a justice court and the effective date of the election. 78A-7-102(6) The Judicial Council may by rule provide resources and procedures adequate for the timely disposition of all matters brought before the courts. The Administrative Office of the Courts and local governments shall cooperate in allocating resources to operate the courts in the most efficient and effective manner based on the allocation of responsibility between courts of record and not of record.
78A-7-103 - Minimum standards of justice courts — Authority of Judicial Council over justice courts.
The Judicial Council shall ensure that: 78A-7-103(1) procedures include requirements that every municipality or county that establishes or maintains a justice court provide for the following minimum operating standards:
a system to ensure the justice court records all proceedings with a digital audio recording device and maintains the audio recordings for a minimum of one year; sufficient prosecutors to perform the prosecutorial duties before the justice court; adequate funding to provide indigent defense services for indigent individuals under Title 78B, Chapter 22, Indigent Defense Act; sufficient local peace officers to provide security for the justice court and to attend to the justice court when required; sufficient clerical personnel to serve the needs of the justice court; sufficient funds to cover the cost of travel and training expenses of clerical personnel and judges at training sessions mandated by the Judicial Council; adequate courtroom and auxiliary space for the justice court, which need not be specifically constructed for or allocated solely for the justice court when existing facilities adequately serve the purposes of the justice court; and for each judge of its justice court, a current copy of the Utah Code, the Utah Court Rules Annotated, the justice court manual published by the state court administrator, the county, city, or town ordinances as appropriate, and other legal reference materials as determined to be necessary by the judge; and 78A-7-103(2) the Judicial Council’s rules and procedures shall:
presume that existing justice courts will be recertified at the end of each four-year term if the court continues to meet the minimum requirements for the establishment of a new justice court; or authorize the Judicial Council, upon request of a municipality or county or upon its own review, when a justice court does not meet the minimum requirements, to: decline recertification of a justice court; revoke the certification of a justice court; extend the time for a justice court to comply with the minimum requirements; or suspend rules of the Judicial Council governing justice courts, if the council believes suspending those rules is the appropriate administrative remedy for the justice courts of this state.
78A-7-105 - Jurisdiction of a county justice court.
78A-7-105(1) The territorial jurisdiction of a county justice court extends to the limits of the precinct for which the justice court is created and includes all municipalities within the precinct, other than a municipality where a municipal justice court exists. Subject to Subsection (1)(c), a county or district attorney may file a class B or C misdemeanor offense in a county justice court, regardless of where the act occurred, if: the same offense could have been filed as a class A misdemeanor in district court; the county or district attorney files the offense described in Subsection (1)(b)(i) pursuant to Subsection 77-2-2.3(1)(a); and the case was submitted to the county or district attorney’s office for prosecution. A prosecutor may not file a class B or C misdemeanor offense in a county justice court if the facts support the filing of the charged offense as a felony under Section 76-3-103. Notwithstanding Subsection (1)(a), the territorial jurisdiction of a county justice court extends to any municipality within the precinct where the act, filed as a class B or C misdemeanor under Subsection (1)(b), occurred. 78A-7-105(2) The territorial jurisdiction of municipal justice courts extends to the corporate limits of the municipality in which the justice court is created. 78A-7-105(3) Justice court judges have the same authority regarding matters within their jurisdiction as judges of courts of record. 78A-7-105(4) A justice court may issue all extraordinary writs and other writs as necessary to carry into effect its orders, judgments, and decrees. 78A-7-105(5) Except as provided in this Subsection (5), a judgment rendered in a justice court does not create a lien upon any real property of the judgment debtor unless the judgment or abstract of the judgment: is recorded in the office of the county recorder of the county in which the real property of the judgment debtor is located; and contains the information identifying the judgment debtor in the judgment or abstract of judgment as required in Subsection 78B-5-201(4)(b) or as a separate information statement of the judgment creditor as required in Subsection 78B-5-201(5). The lien runs for eight years from the date the judgment was entered in the district court under Section 78B-5-202 unless the judgment is earlier satisfied. State agencies are exempt from the recording requirement of Subsection (5)(a).
78A-7-106 - Original jurisdiction of a justice court — Territorial jurisdiction — Transfer of a domestic violence case.
78A-7-106(1) A justice court has original jurisdiction over class B and C misdemeanors, violations of ordinances, and infractions committed within the justice court’s territorial jurisdiction by an individual who is 18 years old or older. 78A-7-106(2) A justice court has original jurisdiction over the following offenses committed within the justice court’s territorial jurisdiction by a minor or an adult high school student:class C misdemeanor and infraction violations described in Title 53, Chapter 3, Part 2, Driver Licensing Act; andclass B and C misdemeanor and infraction violations described in:Title 23A, Wildlife Resources Act;Title 41, Chapter 1a, Motor Vehicle Act;Title 41, Chapter 6a, Traffic Code;Title 41, Chapter 12a, Financial Responsibility of Motor Vehicle Owners and Operators Act;Title 41, Chapter 22, Off-highway Vehicles;Title 73, Chapter 18, State Boating Act;Title 73, Chapter 18a, Boating - Litter and Pollution Control;Title 73, Chapter 18b, Water Safety; andTitle 73, Chapter 18c, Financial Responsibility of Motorboat Owners and Operators Act. 78A-7-106(3) Notwithstanding Subsection (1) or (2), a justice court does not have original jurisdiction over:an offense described in Subsection (1) or (2) if:the district court has exclusive jurisdiction over the offense in accordance with Subsection 78A-5-102(9) or Section 78A-5-102.5; orthe juvenile court has exclusive jurisdiction over the offense in accordance with Section 78A-6-103.5; orthe following offenses committed within the justice court’s territorial jurisdiction by a minor or an adult high school student:class B and C misdemeanor violations described in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving; anda class B misdemeanor violation described in Section 73-18-12. 78A-7-106(4) A justice court has jurisdiction over:a small claims case under Chapter 8, Small Claims Courts, if a defendant resides in or the debt arose within the territorial jurisdiction of the justice court; anda petition for expungement as described in Title 77, Chapter 40a, Expungement of Criminal Records. 78A-7-106(5) An offense is committed within the territorial jurisdiction of a justice court if:conduct constituting an element of the offense or a result constituting an element of the offense occurs within the court’s jurisdiction, regardless of whether the conduct or result is itself unlawful;either an individual committing an offense or a victim of an offense is located within the court’s jurisdiction at the time the offense is committed;either a cause of injury occurs within the court’s jurisdiction or the injury occurs within the court’s jurisdiction;an individual commits any act constituting an element of an inchoate offense within the court’s jurisdiction, including an agreement in a conspiracy;an individual solicits, aids, or abets, or attempts to solicit, aid, or abet another individual in the planning or commission of an offense within the court’s jurisdiction;the investigation of the offense does not readily indicate in which court’s jurisdiction the offense occurred, and:the offense is committed upon or in any railroad car, vehicle, watercraft, or aircraft passing within the court’s jurisdiction;the offense is committed on or in any body of water bordering on or within this state if the territorial limits of the justice court are adjacent to the body of water;an individual who commits theft exercises control over the affected property within the court’s jurisdiction; orthe offense is committed on or near the boundary of the court’s jurisdiction;the offense consists of an unlawful communication that was initiated or received within the court’s jurisdiction; orjurisdiction is otherwise specifically provided by law. 78A-7-106(6) If a defendant in a criminal case before a justice court is a minor, the justice court may transfer the case to the juvenile court for further proceedings if the justice court determines and the juvenile court concurs that the best interests of the defendant would be served by the continuing jurisdiction of the juvenile court. 78A-7-106(7) If a justice court has jurisdiction over a criminal action involving a domestic violence offense and the criminal action is set for trial, the prosecuting attorney or the defendant may file a notice of transfer in the justice court to transfer the criminal action from the justice court to the district court.If a prosecuting attorney files a notice of transfer, the prosecuting attorney shall certify in the notice of transfer that the prosecuting attorney, or a representative from the prosecuting attorney’s office, has consulted with, or notified, all of the alleged victims about transferring the criminal action to the district court.The justice court shall transfer a criminal action to the district court if the justice court receives a notice of transfer from:the defendant as described in Subsection (7)(b); orthe prosecuting attorney as described in Subsection (7)(b) and the prosecuting attorney’s notice of intent complies with Subsection (7)(c).
78A-7-118 - Appeals from justice court — Trial or hearing de novo in district court.
78A-7-118(1) As used in this section:
“Restitution” means the same as that term is defined in Section 77-38b-102. “Victim” means the same as that term is defined in Section 77-38b-102. 78A-7-118(2) In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 28 days after the day on which:
except as provided in Subsection (5)(a)(ii), the justice court sentences the defendant; or the defendant enters a plea of guilty or no contest in the justice court that is held in abeyance. 78A-7-118(3) Upon filing a proper notice of appeal, any term of a sentence imposed by the justice court is stayed as provided for in Section 77-20-302 and the Utah Rules of Criminal Procedure. 78A-7-118(4) If an appeal under Subsection (2) is of a plea entered pursuant to negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation, the negotiation is voided by the appeal. 78A-7-118(5) A defendant convicted and sentenced in the justice court is entitled to a hearing de novo in the district court regarding: an order revoking probation; a sentence after a determination that a defendant failed to fulfill the terms of a plea in abeyance agreement; an order denying a motion to withdraw a plea if the plea is being held in abeyance and the motion to withdraw the plea is filed within 28 days after the day on which the plea is entered; an order for restitution; or an order denying expungement. A defendant seeking an appeal under Subsection (5)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or sentence. 78A-7-118(6) A defendant who has entered into a plea in abeyance in the justice court is entitled to a hearing de novo in the district court on the determination by the justice court as to the amount of restitution owed by the defendant as a part of the plea in abeyance agreement. A defendant seeking an appeal under Subsection (6)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order for restitution. 78A-7-118(7) A prosecutor is entitled to a hearing de novo in the district court regarding: a final judgment of dismissal; an order arresting judgment; an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial; a judgment holding invalid any part of a statute or ordinance; a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence prevents continued prosecution of an infraction or class C misdemeanor; a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence impairs continued prosecution of a class B misdemeanor; an order granting a motion to withdraw a plea of guilty or no contest; or an order granting an expungement if the expungement was opposed by the prosecution or a victim before the order was entered. A prosecutor seeking an appeal under Subsection (7)(a) shall file a notice of appeal within 28 days after the day on which the justice court enters the order or judgment. 78A-7-118(8) A prosecutor or a victim is entitled to a restitution hearing de novo in the district court regarding restitution if: a request for restitution was made in the justice court; and the justice court:
failed to order the defendant to pay restitution to the victim; or ordered the defendant to pay restitution in an amount less than requested. A prosecutor or victim seeking an appeal under Subsection (8)(a) shall file a notice of appeal within 28 days after the day on which the justice court: failed to order the defendant to pay restitution; or ordered the defendant to pay restitution in an amount less than requested. 78A-7-118(9) Upon entering a decision in a hearing de novo, the district court shall remand the case to the justice court unless:
the decision results in immediate dismissal of the case; or the hearing de novo was on a pretrial order and the parties and the district court agree to have the district court retain jurisdiction. 78A-7-118(10) The district court shall retain jurisdiction over the case on trial de novo. 78A-7-118(11) The decision of the district court is final and may not be appealed unless the district court rules on the constitutionality of a statute or ordinance.
78A-7-120 - Disposition of fines.
78A-7-120(1) Except as otherwise specified by this section, fines and forfeitures collected by a justice court shall be remitted as follows: 50% to the treasurer of the local government responsible for the court; and 50% to the treasurer of the local government which prosecutes or which would prosecute the violation. An interlocal agreement created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act, and related to justice courts may alter the ratio described in Subsection (1)(a) if the parties agree. 78A-7-120(2) For violation of Title 23A, Wildlife Resources Act, the court shall allocate 85% to the Division of Wildlife Resources and 15% to the general fund of the local government responsible for the justice court. For violation of Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act, the court shall allocate 85% to the Division of Outdoor Recreation and 15% to the general fund of the local government responsible for the justice court. Fines and forfeitures collected by the court for a violation of Section 41-6a-1302 in instances where evidence of the violation was obtained by an automated traffic enforcement safety device as described in Section 41-6a-1310 shall be remitted: 20% to the school district or private school that owns or contracts for the use of the school bus; and 80% in accordance with Subsection (1). 78A-7-120(3) The surcharge established by Section 51-9-401 shall be paid to the state treasurer and deposited into the General Fund. 78A-7-120(4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial Council, shall be paid to the state treasurer and allocated to the Department of Transportation for class B and class C roads. 78A-7-120(5) Revenue allocated for class B and class C roads pursuant to Subsection (4) or Subsection (7) is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and class C road funds. 78A-7-120(6) Fines and forfeitures collected by the court for a second or subsequent violation under Section 41-6a-1713 or Subsection 72-7-409(6)(c) shall be remitted: 60% to the state treasurer to be deposited into the Transportation Fund; and 40% in accordance with Subsection (1). Fines and forfeitures collected by the court for a second or subsequent violation under Subsection 72-7-409(6)(d) shall be remitted: 50% to the state treasurer to be deposited into the Transportation Fund; and 50% in accordance with Subsection (1). 78A-7-120(7) Revenue from traffic fines may not exceed 25% of a local government’s total general fund revenue for a fiscal year. No later than 30 days after the day on which a local government’s fiscal year ends, a local government that receives traffic fine revenue shall: for the immediately preceding fiscal year, determine the amount of traffic fine revenue that exceeds the amount described in Subsection (7)(a); and transfer the amount calculated under Subsection (7)(b)(i) to the state treasurer to be allocated to the Department of Transportation for class B and class C roads.
78A-7-121 - Funds collected — Deposits and reports — Special account — Accounting.
78A-7-121(1) Justice courts shall deposit public funds in accordance with Section 51-4-2. The city or county treasurer shall report to the city recorder or county auditor, as appropriate, the sums collected and deposited. The recorder or auditor shall then apportion and remit the collected proceeds as provided in Section 78A-7-120. 78A-7-121(2) Money received or collected on any civil process or order issued from a justice court shall be paid within seven days to the party entitled or authorized to receive it. 78A-7-121(3) With the approval of the governing body a trust or revolving account may be established in the name of the justice court and the treasurer for the deposit of money collected including bail, restitution, unidentified receipts, and other money that requires special accounting. Disbursements from this account do not require the approval of the auditor, recorder, or governing body. The account shall be reconciled at least quarterly by the auditor of the governing body.
78A-7-122 - Security surcharge — Application — Deposit in restricted accounts.
78A-7-122(1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge of $60 shall be assessed on all convictions for offenses listed in the uniform bail schedule adopted by the Judicial Council and moving traffic violations. 78A-7-122(2) The security surcharge shall be collected and distributed pro rata with any fine collected. A fine that would otherwise have been charged may not be reduced due to the imposition of the security surcharge. 78A-7-122(3) Twenty-eight dollars of the security surcharge shall be remitted to the state treasurer and distributed to the Court Security Account created in Section 78A-2-602. 78A-7-122(4) Thirty-two dollars of the security surcharge shall be allocated as follows:
the assessing court shall retain 20% of the amount collected for deposit into the general fund of the governmental entity; and 80% shall be remitted to the state treasurer to be distributed as follows: 62.5% to the treasurer of the county in which the justice court which remitted the amount is located; 25% to the Court Security Account created in Section 78A-2-602; and 12.5% to the Justice Court Technology, Security, and Training Account created in Section 78A-7-301. 78A-7-122(5) The court shall remit money collected in accordance with Title 51, Chapter 7, State Money Management Act.
78A-7-123 - Dissolution of justice courts.
78A-7-123(1) The county or municipality shall obtain legislative approval to dissolve a justice court if the caseload from that court would fall to the district court upon dissolution. To obtain approval of the Legislature, the governing authority of the municipality or county shall petition the Legislature to adopt a joint resolution to approve the dissolution. The municipality or county shall provide notice to the Judicial Council. Notice of intent to dissolve a Class I or Class II justice court to the Judicial Council shall be given not later than July 1 two years prior to the general session in which the county or municipality intends to seek legislative approval. Notice of intent to dissolve a Class III or Class IV justice court to the Judicial Council shall be given not later than July 1 immediately prior to the general session in which the county or municipality intends to seek legislative approval. 78A-7-123(2) A county or municipality shall give notice of intent to dissolve a justice court to the Judicial Council if the caseload of that court would fall to the county justice court. A municipality shall also give notice to the county of its intent to dissolve a justice court. Notice of intent to dissolve a Class I or Class II court shall be given by July 1 at least two years prior to the effective date of the dissolution. Notice of intent to dissolve a Class III or Class IV court shall be given by July 1 at least one year prior to the effective date of the dissolution. 78A-7-123(3) Upon request from a municipality or county seeking to dissolve a justice court, the Judicial Council may shorten the time required between the city’s or county’s notice of intent to dissolve a justice court and the effective date of the dissolution.
Judges and Administration
78A-7-201 - Justice court judge eligibility — Mandatory retirement.
78A-7-201(1) A justice court judge shall be:
a citizen of the United States; 25 years old or older; a resident of Utah for at least three years immediately preceding the judge’s appointment; upon appointment or within a reasonable time after appointment, a resident of the county, an adjacent county, or the judicial district in which the justice court is located; and a qualified voter of the county in which the judge resides. 78A-7-201(2) On and after May 3, 2023, a justice court judge shall have a degree from a law school that makes one eligible to apply for admission to a bar in any state. A justice court judge holding office on May 3, 2023, who does not meet the qualification described in Subsection (2)(a) may continue in office until the judge resigns, retires, is not retained in a retention election, or is removed from office. 78A-7-201(3) Notwithstanding Subsection (2), a justice court judge is not required to be admitted to practice law in the state as a qualification to hold office. 78A-7-201(4) A justice court judge shall be a person who has demonstrated maturity of judgment, integrity, and the ability to understand and apply appropriate law with impartiality. 78A-7-201(5) A justice court judge shall retire upon attaining the age of 75 years. 78A-7-201(6) If there are not at least two applicants for a justice court judge position who meet the requirement of Subsection (2)(a), the justice court nominating commission may:
re-advertise the position; and accept applications from individuals who do not meet the requirement of Subsection (2)(a).
78A-7-202 - Justice court judges to be appointed — Procedure.
78A-7-202(1) As used in this section:“Local government executive” means:for a county:the chair of the county commission in a county operating under the county commission or expanded county commission form of county government;the county executive in a county operating under the county executive-council form of county government; andthe county manager in a county operating under the council-manager form of county government; andfor a city or town:the mayor of the city or town; orthe city manager, in the council-manager form of government described in Subsection 10-3b-103(6).”Local legislative body” means:for a county, the county commission or county council; andfor a city or town, the council of the city or town. 78A-7-202(2) There is created in each county a county justice court nominating commission to review applicants and make recommendations to the appointing authority for a justice court position.The commission shall be convened when a new justice court judge position is created or when a vacancy in an existing court occurs for a justice court located within the county.Membership of the justice court nominating commission shall be as follows:one member appointed by:the county commission if the county has a county commission form of government; orthe county executive if the county has an executive-council form of government;one member appointed by the municipalities in the counties as follows:if the county has only one municipality, appointment shall be made by the governing authority of that municipality; orif the county has more than one municipality, appointment shall be made by a municipal selection committee composed of the mayors of each municipality in the county;one member appointed by the county bar association; andtwo members appointed by the governing authority of the jurisdiction where the judicial office is located.If there is no county bar association, the member in Subsection (2)(c)(iii) shall be appointed by the regional bar association.If no regional bar association exists, the state bar association shall make the appointment.Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing authority or an elected official of a county or municipality.Except as provided in Subsection (2)(f)(ii), the nominating commission shall submit at least three names to the appointing authority of the jurisdiction expected to be served by the judge.If there are fewer than three applicants for a justice court vacancy, the nominating commission shall submit all qualified applicants to the appointing authority of the jurisdiction expected to be served by the judge.The local government executive shall appoint a judge from the list submitted and the appointment ratified by the local legislative body.The state court administrator shall provide staff to the commission.The Judicial Council shall establish rules and procedures for the conduct of the commission. 78A-7-202(3) A judicial vacancy for a justice court shall be announced:as an employment opportunity on the Utah Courts’ website;in an email to the members of the Utah State Bar; andfor the justice court’s jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.A judicial vacancy for a justice court may also be advertised through other appropriate means. 78A-7-202(4) Selection of candidates shall be based on compliance with the requirements for office and competence to serve as a judge. 78A-7-202(5) Once selected, every prospective justice court judge shall attend an orientation seminar conducted under the direction of the Judicial Council.Upon completion of the orientation seminar described in Subsection (5)(a), the Judicial Council shall certify the justice court judge as qualified to hold office. 78A-7-202(6) The selection of a person to fill the office of justice court judge is effective upon certification of the judge by the Judicial Council.A justice court judge may not perform judicial duties until certified by the Judicial Council.
78A-7-203 - Term of office for justice court judge — Retention — Reduction in force — Addition of a justice court judge position.
78A-7-203(1) The term of a justice court judge is six years beginning the first Monday in January following the date of election. 78A-7-203(2) Upon the expiration of a justice court judge’s term of office, the judge shall be subject to an unopposed retention election in accordance with the procedures set forth in Section 20A-12-201:
in the county or counties in which the court to which the judge is appointed is located if the judge is a county justice court judge or a municipal justice court judge in a town or city of the fourth or fifth class; or in the municipality in which the court to which the judge is appointed is located if the judge is a municipal justice court judge and Subsection (2)(a) does not apply. 78A-7-203(3) Before each retention election, each justice court judge shall be evaluated in accordance with the performance evaluation program established in Chapter 12, Judicial Performance Evaluation Commission Act. 78A-7-203(4) A municipality or county that has more than one justice court judge and the weighted caseload per judge is lower than 0.60 as determined by the Administrative Office of the Courts may, at the municipality’s or county’s discretion and at the end of a judge’s term of office, initiate a reduction in force and reduce, lay off, terminate, or eliminate a judge’s position in accordance with the municipality’s or county’s employment policies. 78A-7-203(5) A municipality or county may only add a new justice court judge position if the Judicial Council, after considering the caseload of the court, approves creation of the position.
78A-7-204 - Offices of justice court judges.
78A-7-204(1) Justice court judges holding office in:
county precincts are county justice court judges; and cities or towns are municipal justice court judges. 78A-7-204(2) The county legislative body may establish a single precinct or divide the county into multiple precincts to create county justice courts for public convenience. 78A-7-204(3) The governing body may create as many judicial positions as are required for the efficient administration of a justice court. If more than one judge is assigned to a court, all filings within that court shall be assigned to the judges at random unless the governing body has been authorized to create specialized judicial calendars to serve the interests of justice.
78A-7-205 - Required training — Failure to attend.
78A-7-205(1) A justice court judge shall meet the continuing education requirements of the Judicial Council. 78A-7-205(2) Successful completion of the continuing education requirement includes instruction regarding competency and understanding of constitutional provisions and laws relating to the jurisdiction of the court, rules of evidence, and rules of civil and criminal procedure as indicated by a certificate awarded by the Judicial Council. 78A-7-205(3) The Judicial Council shall file a formal complaint with the Judicial Conduct Commission against each justice court judge who does not comply with this section.
78A-7-206 - Determination of compensation for justice court judge — Limits on secondary employment — Prohibition on holding political or elected office — Penalties.
78A-7-206(1) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respective municipality or county.
The governing body of the municipality or county may not set a full-time justice court judge’s salary at less than 70% nor more than 90% of a district court judge’s salary. The governing body of the municipality or county shall set a part-time justice court judge’s salary as follows: The governing body shall first determine the full-time salary range outlined in Subsection (1)(a). The caseload of a part-time judge shall be determined by the office of the state court administrator and expressed as a percentage of the caseload of a full-time judge. The judge’s salary shall then be determined by applying the percentage determined in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a). A justice court judge shall receive an annual salary adjustment at least equal to the average salary adjustment for all county or municipal employees for the jurisdiction served by the judge. Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary greater than 90% of the salary of a district court judge. A justice court judge employed by more than one entity as a justice court judge may not receive a total salary for service as a justice court judge greater than the salary of a district court judge. A salary described in this Subsection (1) does not include additional compensation provided for a presiding judge or associate presiding judge of a justice court under Section 78A-7-209.5. 78A-7-206(2) A justice court judge may not appear as an attorney in any:
justice court; criminal matter in any federal, state, or local court; or juvenile court case involving conduct which would be criminal if committed by an adult. 78A-7-206(3) A justice court judge may not hold any office or employment including contracting for services in any justice agency of state government or any political subdivision of the state including law enforcement, prosecution, criminal defense, corrections, or court employment. 78A-7-206(4) A justice court judge may not hold any office in any political party or organization engaged in any political activity or serve as an elected official in state government or any political subdivision of the state. 78A-7-206(5) A justice court judge may not own or be employed by any business entity which regularly litigates in small claims court. 78A-7-206(6) The Judicial Council shall file a formal complaint with the Judicial Conduct Commission for each violation of this section.
78A-7-208 - Temporary justice court judge.
When necessary, the governing body may appoint any senior justice court judge, or justice court judge currently holding office within the judicial district or in an adjacent county, to serve as a temporary justice court judge.
78A-7-209.5 - Presiding judge — Associate presiding judge — Election — Powers — Duties.
78A-7-209.5(1) In judicial districts having more than one justice court judge, the justice court judges shall elect one judge of the district to the office of presiding judge.The presiding judge shall receive an additional 1,000 per annum as compensation from the Justice Court Technology, Security, and Training Account described in Section 78A-7-301 for the period served as associate presiding judge. 78A-7-209.5(3) The presiding judge has the following authority and responsibilities, consistent with the policies of the Judicial Council:working with each justice court judge in the district to implement policies and rules of the Judicial Council;exercising powers and performing administrative duties as authorized by the Judicial Council;if there is no other appointed justice court judge in that court available, assigning a justice court judge to hear a case in which a judge has been disqualified in accordance with rules of the Supreme Court;if a justice court judge of the district cannot perform the justice court judge’s duties in a case or cases due to illness, death, or other incapacity, and the governing body has not appointed a temporary justice court judge in accordance with Section 78A-7-208:assigning, on an emergency basis, a justice court judge to hear a case or cases; andfacilitating judicial coverage with the appointing municipal or county authority until a temporary justice court judge can be appointed, in accordance with Section 78A-7-208, or a new justice court judge is formally appointed and takes office, in accordance with Section 78A-7-202; andentering orders of expungement in cases expunged in accordance with Title 77, Chapter 40a, Part 2, Automatic Expungement and Deletion. 78A-7-209.5(4) When the presiding judge is unavailable, the associate presiding judge shall assume the responsibilities of the presiding judge.The associate presiding judge shall perform other duties assigned by the presiding judge.
78A-7-210 - Justice court judge administrative responsibilities.
78A-7-210(1) Justice court judges shall comply with and ensure that court personnel comply with applicable county or municipal rules and regulations related to personnel, budgets, and other administrative functions. 78A-7-210(2) Failure by the judge to comply with applicable administrative county or municipal rules and regulations may be referred, by the county executive or municipal legislative body, to the state Justice Court Administrator. 78A-7-210(3) Repeated or willful noncompliance may be referred, by the county executive or municipal legislative body, to the Judicial Conduct Commission.
78A-7-212 - Place of holding court.
78A-7-212(1) County justice court judges may hold court in any municipality within the precinct but may exercise only the jurisdiction provided by law for county justice courts. County justice court judges may also, at the direction of the county legislative body, hold court anywhere in the county as needed but may only hear cases arising within the precinct. 78A-7-212(2) A municipal justice court judge shall hold court in the municipality where the court is located and, as directed by the municipal governing body, at the county jail or municipal prison.
78A-7-213 - Trial facilities — Hours of business.
78A-7-213(1) A justice court judge shall conduct all official court business in a courtroom or office located in a public facility which is conducive and appropriate to the administration of justice. 78A-7-213(2) A county justice court may, at the direction of the county legislative body, hold justice court anywhere in the county as needed but may only hear cases arising within its precinct. A municipal justice court judge shall hold court in the municipality where the court is located. Justice courts may also hold court or conduct hearings or court business in any facility or location authorized by rule of the Judicial Council. 78A-7-213(3) Justice courts shall be open and judicial business shall be transacted:
five days per week; or no less than four days per week for at least 11 hours per day. 78A-7-213(4) The legislative body of the county, city, or town shall establish operating hours for the justice courts within the requirements of Subsection (3) and the code of judicial administration. 78A-7-213(5) The hours the courts are open shall be posted conspicuously at the courts and in local public buildings. 78A-7-213(6) The clerk of the court and judges of justice courts shall attend the court at regularly scheduled times. 78A-7-213(7) By July 1, 2011, all justice courts shall use a common case management system and disposition reporting system as specified by the Judicial Council.
78A-7-215 - Monthly reports to court administrator and governing body.
78A-7-215(1) Every justice court shall file monthly with the state court administrator a report of the judicial business of the judge. The report shall be on forms supplied by the state court administrator. 78A-7-215(2) The report shall state the number of criminal and small claims actions filed, the dispositions entered, and other information as specified in the forms. 78A-7-215(3) A copy of the report shall be furnished by the justice court to the person or office in the county, city, or town designated by the governing body to receive the report.
Technology, Security, and Training Account
78A-7-301 - Justice Court Technology, Security, and Training Account established — Funding — Uses.
78A-7-301(1) There is created a restricted account in the General Fund known as the Justice Court Technology, Security, and Training Account. 78A-7-301(2) The state treasurer shall deposit in the account:
money collected from the surcharge established in Subsection 78A-7-122(4)(b)(iii); and the administrative fee from a deferred prosecution or traffic school deferred prosecution under Subsection 77-2-4.2(5) or (6). 78A-7-301(3) Money shall be appropriated from the account to the Administrative Office of the Courts to be used for:
audit, technology, security, and training needs in justice courts throughout the state; additional compensation for presiding judges and associate presiding judges for justice courts under Section 78A-7-209.5; and costs to implement, operate, and maintain deferred prosecution and traffic school deferred prosecution pursuant to Subsections 77-2-4.2(5) and (6).