reglab/statecodes huggingface dataset:
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 103 - Duties.

Effective 5/14/2019
77-42-103.
Duties.
(1) The attorney general shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders; and
(b) make information listed in Section 77-42-104 available to the public.
(2) Any prosecuting attorney who obtains a conviction for an offense listed in Section 77-42-105 shall:
(a) inform the attorney general within 45 business days of sentencing; and
(b) in a manner prescribed by the attorney general, cooperate with a request for information by the attorney general.
(3) The attorney general shall:
(a) provide the following additional information when available:
(i) the crimes for which the offender has been convicted;
(ii) a description of the offender's targets; and
(iii) any other relevant identifying information as determined by the attorney general;
(b) maintain the Utah White Collar Crime Offender Registry website; and
(c) ensure that information is entered into the offender registry in a timely manner.
Amended by Chapter 288, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 104 - Utah White Collar Crime Offender Registry -- Attorney general to maintain.

Effective 5/10/2016
77-42-104.
Utah White Collar Crime Offender Registry -- Attorney general to maintain.
(1) The attorney general shall maintain the Utah White Collar Crime Offender Registry website on the Internet, which shall contain a disclaimer informing the public that:
(a) the information contained on the website is obtained from government records where feasible, however, the attorney general does not guarantee the website's accuracy or completeness;
(b) members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and
(c) harassment, stalking, or making threats against offenders or their families is prohibited and may violate Utah criminal laws.
(2) The Utah White Collar Crime Offender Registry website shall be indexed by the surname of the offender.
(3) The attorney general shall construct the Utah White Collar Crime Offender Registry website so that before accessing registry information, users must indicate that they have read and understand the disclaimer and agree to comply with the disclaimer's terms.
(4) Except as provided in Subsection (6), the Utah White Collar Crime Offender Registry website shall include the following registry information, which may be obtained from court records, prison or jail booking records, driver license records, or other sources lawfully and appropriately obtained by and available to the attorney general:
(a) all names and aliases by which the offender is or has been known, but not including any online or Internet identifiers;
(b) a physical description, including the offender's date of birth, height, weight, and eye and hair color;
(c) a recent photograph of the offender; and
(d) the crimes listed in Section 77-42-105 of which the offender has been convicted.
(5) The Office of the Attorney General and any individual or entity acting at the request or upon the direction of the attorney general are immune from civil liability for damages and will be presumed to have acted in good faith by reporting information.
(6) The attorney general shall redact the names, addresses, phone numbers, Social Security numbers, and other information that, if disclosed, specifically identifies individual victims.
(7) An offender is considered to have consented to the public posting of the images or records specified in Subsection (4) if the offender:
(a) fails to register as required by Subsection 77-42-106(2) within 30 days of conviction of a registerable offense, as specified in Section 77-42-105; or
(b) fails to appear at the request of the Office of the Attorney General to have a current photograph taken.
Amended by Chapter 319, 2016 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 105 - Registerable offenses.

Effective 5/3/2023
77-42-105.
Registerable offenses.
A person shall be required to register with the Office of the Attorney General for a conviction of any of the following offenses as a second degree felony:
(1) Section 61-1-1 or Section 61-1-2, securities fraud;
(2) Section 76-6-405, theft by deception;
(3) Section 76-6-513, unlawful dealing of property by fiduciary;
(4) Section 76-6-521, insurance fraud;
(5) Section 76-6-1203, mortgage fraud;
(6) Section 76-10-1801, communications fraud;
(7) Section 76-10-1903, money laundering; and
(8) Section 76-10-1603, pattern of unlawful activity, if at least one of the unlawful activities used to establish the pattern of unlawful activity is an offense listed in Subsections (1) through (7).
Amended by Chapter 111, 2023 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 106 - Registration of offenders -- Utah White Collar Crime Offender Registry -- Penalty for failure to register.

Effective 5/14/2019
77-42-106.
Registration of offenders -- Utah White Collar Crime Offender Registry -- Penalty for failure to register.
(1) An offender who has been convicted of any offense listed in Section 77-42-105 shall be on the Utah White Collar Crime Offender Registry for:
(a) a period of 10 years for a first offense;
(b) a second period of 10 years for a second conviction under this section; and
(c) a lifetime period if convicted a third time under this section.
(2) Except as provided in Subsection (3), an offender who has been convicted of any offense listed in Section 77-42-105 after December 31, 2005, shall register:
(a) with the attorney general to be included in the Utah White Collar Crime Offender Registry; and
(b)
(i) no later than 45 days after the offender is sentenced; and
(ii) in a manner prescribed by the attorney general.
(3) An offender is not required to register as provided in Subsection (2) if the offender:
(a) has complied with all court orders at the time of sentencing;
(b) has paid in full all court-ordered amounts of restitution to victims; and
(c) has not been convicted of any other offense for which registration would be required.
(4) If an offender is in the custody of the Department of Corrections:
(a) the department shall register the offender within 45 days of sentencing; or
(b) at the discretion of the department, provide the offender access to necessary resources so that the offender may register within 45 days of sentencing.
(5)
(a) An offender who knowingly fails to register within 45 days of sentencing is guilty of a class A misdemeanor.
(b) An offender who is found guilty under Subsection (5)(a) shall be sentenced to serve a term of incarceration of 30 days or more.
(c)
(i) The Board of Pardons and Parole or a court may not release an individual who violates this chapter from serving the term required under Subsection (5)(b).
(ii) The provisions of this Subsection (5) supersede any other provision of law.
Amended by Chapter 288, 2019 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 42 - Utah White Collar Crime Offender Registry › Section 107 - Department and agency requirements.

Effective 5/12/2015
77-42-107.
Department and agency requirements.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the attorney general shall make rules necessary to implement this chapter, including:
(a) the method for dissemination of registry information; and
(b) instructions to the public regarding acceptable use of the information.
(2) Any information regarding the identity or location of a victim may be redacted by the attorney general from information provided under Subsection 77-42-104(6).
Enacted by Chapter 131, 2015 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 101 - Title.

Effective 5/9/2017
77-43-101.
Title.
(1) This chapter is known as the "Child Abuse Offender Registry."
(2) This chapter applies to all child abuse offenders in the custody of the Department of Corrections or on parole or probation on May 9, 2017, or who enter this state on or after May 9, 2017.
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 103 - Department duties.

Effective 5/9/2017
77-43-103.
Department duties.
(1) The department shall:
(a) develop and operate a system to collect, analyze, maintain, and disseminate information on offenders;
(b) make information listed in Subsection 77-43-108(4) available to the public; and
(c) share information provided by an offender under this chapter that may not be made available to the public under Subsection 77-43-108(4), but only:
(i) for the purposes under this chapter; or
(ii) in accordance with Section 63G-2-206.
(2) Any law enforcement agency shall, in the manner prescribed by the department, inform the department of:
(a) the receipt of a report or complaint of an offense listed in Subsection 77-43-102(2)(a), within three business days; and
(b) the arrest of a person suspected of any of the offenses listed in Subsection 77-43-102(2)(a), within five business days.
(3) Upon convicting and sentencing a person of any of the offenses listed in Subsection 77-43-102(2)(a), the convicting court shall within three business days forward a signed copy of the judgment and sentence to the Child Abuse Offender Registry office within the department.
(4) The department shall:
(a) provide the following additional information when available:
(i) the crimes the offender has been convicted of or adjudicated delinquent for; and
(ii) any other relevant identifying information as determined by the department;
(b) maintain the Child Abuse Offender Notification and Registration website; and
(c) ensure that the registration information collected regarding an offender's employment at an educational institution is entered into the appropriate state records or data system.
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 106 - Penalties.

Effective 5/9/2017
77-43-106.
Penalties.
(1) An offender who knowingly fails to register under this chapter or provides false or incomplete information is guilty of a third degree felony and shall be sentenced to serve a term of incarceration for not less than 90 days and also at least one year of probation.
(2) Neither the court nor the Board of Pardons and Parole may release a person who violates this chapter from serving the term required under Subsection (1). This Subsection (2) supersedes any other provision of the law contrary to this chapter.
(3) The offender shall register for an additional year for every year in which the offender does not comply with the registration requirements of this chapter.
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 107 - Classification of information.

Effective 5/9/2017
77-43-107.
Classification of information.
Notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, information under Subsection 77-43-103(4) that is collected and released under Subsection 77-43-108(4) is public information, unless otherwise restricted under Subsection 77-43-103(1).
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 108 - Child Abuse Offender Registry -- Department to maintain.

Effective 5/9/2017
77-43-108.
Child Abuse Offender Registry -- Department to maintain.
(1) The department shall maintain a Child Abuse Offender Notification and Registration website on the Internet, which shall contain a disclaimer informing the public:
(a) the information contained on the site is obtained from offenders and the department does not guarantee its accuracy or completeness;
(b) members of the public are not allowed to use the information to harass or threaten offenders or members of their families; and
(c) harassment, stalking, or threats against offenders or their families are prohibited and doing so may violate Utah criminal laws.
(2) The Child Abuse Offender Notification and Registration website shall be:
(a) indexed by both the surname of the offender and by postal codes; and
(b) linked with the Sex and Kidnap Offender Registry as created in Chapter 41.
(3) The department shall construct the Child Abuse Notification and Registration website so that users, before accessing registry information, must indicate that they have read the disclaimer, understand it, and agree to comply with its terms.
(4) Except as provided in Subsection (6), the Child Abuse Offender Notification and Registration website shall include the following registry information:
(a) all names and aliases by which the offender is or has been known, but not including any online or Internet identifiers;
(b) the addresses of the offender's primary, secondary, and temporary residences;
(c) a physical description, including the offender's date of birth, height, weight, and eye and hair color;
(d) the make, model, color, year, and plate number of any vehicle or vehicles the offender owns or regularly drives;
(e) a current photograph of the offender;
(f) a list of all professional licenses that authorize the offender to engage in an occupation or carry out a trade or business;
(g) each educational institution in Utah at which the offender is employed, carries on a vocation, or is a student;
(h) a list of places where the offender works as a volunteer; and
(i) the crimes listed in Subsection 77-43-102(2) that the offender has been convicted of or for which the offender has been adjudicated delinquent in juvenile court.
(5) The department, its personnel, and any individual or entity acting at the request or upon the direction of the department are immune from civil liability for damages for good faith compliance with this chapter and will be presumed to have acted in good faith by reporting information.
(6) The department shall redact information that, if disclosed, could reasonably identify a victim.
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 109 - Fees.

Effective 5/9/2017
Superseded 7/1/2024
77-43-109.
Fees.
(1) Each offender required to register under Section 77-43-105 shall, in the month of the offender's birth:
(a) pay to the department an annual fee of $100 each year the offender is subject to the registration requirements of this chapter; and
(b) pay to the registering agency, if it is an agency other than the Department of Corrections, an annual fee of not more than $25, which may be assessed by that agency for providing registration.
(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee.
(3) The department shall deposit fees collected in accordance with this chapter in the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry under this chapter and monitoring offender registration compliance, including the costs of:
(a) data entry;
(b) processing registration packets;
(c) updating registry information; and
(d) ensuring offender compliance with registration requirements under this chapter.
Enacted by Chapter 282, 2017 General Session
2023 Utah Code › Title 77 - Utah Code of Criminal Procedure › Chapter 43 - Child Abuse Offender Registry › Section 109 - Fees.

Effective 7/1/2024
77-43-109.
Fees.
(1) Each offender required to register under Section 77-43-105 shall, in the month of the offender's birth:
(a) pay to the department an annual fee of $100 each year the offender is subject to the registration requirements of this chapter; and
(b) pay to the registering agency, if it is an agency other than the department, an annual fee of not more than $25, which may be assessed by that agency for providing registration.
(2) Notwithstanding Subsection (1), an offender who is confined in a secure facility or in a state mental hospital is not required to pay the annual fee.
(3) The department shall deposit fees collected in accordance with this chapter in the General Fund as a dedicated credit, to be used by the department for maintaining the offender registry under this chapter and monitoring offender registration compliance, including the costs of:
(a) data entry;
(b) processing registration packets;
(c) updating registry information; and
(d) reporting an offender not in compliance with registration requirements to a law enforcement agency.
Amended by Chapter 128, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 101 - Courts of justice enumerated -- Courts of record enumerated.

Superseded 7/1/2024
78A-1-101.
Courts of justice enumerated -- Courts of record enumerated.
(1) The following are the courts of justice of this state:
(a) the Supreme Court;
(b) the Court of Appeals;
(c) the district courts;
(d) the juvenile courts; and
(e) the justice courts.
(2) All courts are courts of record, except the justice courts, which are courts not of record.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 101 - Courts of this state -- Courts of record.

Effective 7/1/2024
78A-1-101.
Courts of this state -- Courts of record.
(1) The following are the courts of this state:
(a) the Supreme Court;
(b) the Court of Appeals;
(c) the Business and Chancery Court;
(d) the district courts;
(e) the juvenile courts; and
(f) the justice courts.
(2) All courts are courts of record, except the justice courts, which are courts not of record.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 102 - Trial courts of record -- Divisions.

Superseded 7/1/2024
78A-1-102.
Trial courts of record -- Divisions.
The district and juvenile courts shall be divided into eight geographical divisions:
(1) First District - Box Elder, Cache, and Rich Counties;
(2) Second District - Weber, Davis, and Morgan Counties;
(3) Third District - Salt Lake, Summit, and Tooele Counties;
(4) Fourth District - Utah, Wasatch, Juab, and Millard Counties;
(5) Fifth District - Beaver, Iron, and Washington Counties;
(6) Sixth District - Garfield, Kane, Piute, Sanpete, Sevier, and Wayne Counties;
(7) Seventh District - Carbon, Emery, Grand, and San Juan Counties; and
(8) Eighth District - Daggett, Duchesne, and Uintah Counties.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 102 - Trial courts of record -- Geographical divisions.

Effective 7/1/2024
78A-1-102.
Trial courts of record -- Geographical divisions.
(1) The district and juvenile courts are divided into eight geographical divisions:
(a) First Judicial District, which includes Box Elder, Cache, and Rich Counties;
(b) Second Judicial District, which includes Weber, Davis, and Morgan Counties;
(c) Third Judicial District, which includes Salt Lake, Summit, and Tooele Counties;
(d) Fourth Judicial District, which includes Utah, Wasatch, Juab, and Millard Counties;
(e) Fifth Judicial District, which includes Beaver, Iron, and Washington Counties;
(f) Sixth Judicial District, which includes Garfield, Kane, Piute, Sanpete, Sevier, and Wayne Counties;
(g) Seventh Judicial District, which includes Carbon, Emery, Grand, and San Juan Counties; and
(h) Eighth Judicial District, which includes Daggett, Duchesne, and Uintah Counties.
(2) The Business and Chancery Court is not divided into geographical divisions.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 103 - Number of district judges.

Effective 5/4/2022
78A-1-103.
Number of district judges.
The number of district court judges shall be:
(1) four district judges in the First District;
(2) 14 district judges in the Second District;
(3) 31 district judges in the Third District;
(4) 13 district judges in the Fourth District;
(5) seven district judges in the Fifth District;
(6) two district judges in the Sixth District;
(7) three district judges in the Seventh District; and
(8) three district judges in the Eighth District.
Amended by Chapter 271, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 103.5 - Number of Business and Chancery Court judges.

Effective 7/1/2024
78A-1-103.5.
Number of Business and Chancery Court judges.
The Business and Chancery Court shall consist of one judge.
Enacted by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 104 - Number of juvenile judges.

Effective 5/3/2023
78A-1-104.
Number of juvenile judges.
The number of juvenile court judges shall be:
(1) two juvenile judges in the First Juvenile District;
(2) six juvenile judges in the Second Juvenile District;
(3) nine juvenile judges in the Third Juvenile District;
(4) six juvenile judges in the Fourth Juvenile District;
(5) three juvenile judges in the Fifth Juvenile District;
(6) two juvenile judges in the Sixth Juvenile District;
(7) two juvenile judges in the Seventh Juvenile District; and
(8) two juvenile judges in the Eighth Juvenile District.
Amended by Chapter 511, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 105 - Merger of district court and circuit court.

78A-1-105.
Merger of district court and circuit court.
(1) Effective July 1, 1996, the circuit court shall be merged into the district court. The district court shall have jurisdiction as provided by law for the district court and shall have jurisdiction over all matters filed in the court formerly denominated the circuit court.
(2) The district court shall continue the judicial offices, judges, staff, cases, authority, duties, and all other attributes of the court formerly denominated the circuit court.
(3) Judges of the court formerly denominated the circuit court shall:
(a) on July 1, 1996, be judges of the district court; and
(b) next stand for retention election at the first general election held more than three years after their appointment or at the general election held in the sixth year after their last retention election, as applicable.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 106 - Transition clause -- Recodification of Title 78.

78A-1-106.
Transition clause -- Recodification of Title 78.
For purposes of a matter pending in any court beginning February 7, 2008 through August 31, 2008, citation to an appropriate section in the previous Title 78, Judicial Code, shall be considered a proper citation to the corresponding section in Title 78A, Judiciary and Judicial Administration, or Title 78B, Judicial Code.
Enacted by Chapter 123, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 1 - Judiciary › Part 1 - Judiciary › Section 107 - Savings clause -- Recodification of Title 78.

78A-1-107.
Savings clause -- Recodification of Title 78.
The provisions of Title 78A, Judiciary and Judicial Administration, and Title 78B, Judicial Code, are considered a continuation of the previous Title 78, Judicial Code. No loss of rights, interruption of jurisdiction, or prejudice to matters pending in any court on February 7, 2008, shall result from the enactment of Title 78A, Judiciary and Judicial Administration, and Title 78B, Judicial Code. With respect to the organization of the courts, the offices of all officers and employees, shall be construed as continuations of the previous Title 78, Judicial Code. The tenure of justices, judges, justices of the peace, officers, and employees of the courts in office on February 7, 2008, is not affected by its enactment.
Enacted by Chapter 123, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 102 - Purpose.

78A-2-102.
Purpose.
The purpose of this chapter is to create an administrative system for all courts of this state, subject to central direction by the Judicial Council, to enable these courts to provide uniformity and coordination in the administration of justice.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 103 - Definitions.

Effective 5/8/2018
Superseded 7/1/2024
78A-2-103.
Definitions.
As used in this chapter:
(1) "Conference" means the annual statewide judicial conference established by Section 78A-2-111.
(2) "Council" means the Judicial Council established by Article VIII, Sec. 12, Utah Constitution.
(3) "Courts" mean all courts of this state, including all courts of record and not of record.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 103 - Definitions.

Effective 7/1/2024
78A-2-103.
Definitions.
As used in this chapter:
(1) "Conference" means the annual statewide judicial conference established by Section 78A-2-111.
(2) "Council" means the Judicial Council.
(3) "Courts" mean all courts of this state, including all courts of record and not of record.
(4) "Judicial Council" means the Judicial Council established by Utah Constitution, Article VIII, Section 12.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 105 - State court administrator -- Appointment -- Qualifications -- Salary.

Effective 5/8/2018
78A-2-105.
State court administrator -- Appointment -- Qualifications -- Salary.
The Supreme Court shall appoint a chief administrative officer of the council who shall have the title of the state court administrator and shall serve at the pleasure of the council, the Supreme Court, or both. The state court administrator shall be selected on the basis of professional ability and experience in the field of public administration and shall possess an understanding of court procedures as well as of the nature and significance of other court services. The state court administrator shall devote the state court administrator's full time and attention to the duties of the state court administrator's office, and shall receive a salary equal to that of a district court judge.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 106 - Presiding officer -- Compensation -- Duties.

Effective 5/4/2022
78A-2-106.
Presiding officer -- Compensation -- Duties.
(1) The chief justice of the Supreme Court shall serve as the presiding officer of the Judicial Council.
(2)
(a) The presiding officer of the Judicial Council shall supervise the courts to ensure uniform adherence to law and to the rules and forms adopted by the council and to promote the proper and efficient functioning of the courts.
(b) The presiding officer of the council may issue orders as necessary to assure compliance with uniform administrative practices.
Amended by Chapter 276, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 107 - Court administrator -- Powers, duties, and responsibilities.

Effective 5/8/2018
Superseded 7/1/2024
78A-2-107.
Court administrator -- Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and within the policies established by the council, the state court administrator shall:
(1) organize and administer all of the nonjudicial activities of the courts;
(2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
(3) implement the standards, policies, and rules established by the council;
(4) formulate and administer a system of personnel administration, including in-service training programs;
(5) prepare and administer the state judicial budget, fiscal, accounting, and procurement activities for the operation of the courts of record, and assist justices' courts in their budgetary, fiscal, and accounting procedures;
(6) conduct studies of the business of the courts, including the preparation of recommendations and reports relating to them;
(7) develop uniform procedures for the management of court business, including the management of court calendars;
(8) maintain liaison with the governmental and other public and private groups having an interest in the administration of the courts;
(9) establish uniform policy concerning vacations and sick leave for judges and nonjudicial officers of the courts;
(10) establish uniform hours for court sessions throughout the state and may, with the consent of the presiding officer of the Judicial Council, call and appoint justices or judges of courts of record to serve temporarily as Court of Appeals, district court, or juvenile court judges and set reasonable compensation for their services;
(11) when necessary for administrative reasons, change the county for trial of any case if no party to the litigation files timely objections to this change;
(12)
(a) organize and administer a program of continuing education for judges and support staff, including training for justice court judges; and
(b) ensure that any training or continuing education described in Subsection (12)(a) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(13) provide for an annual meeting for each level of the courts of record, and the annual judicial conference; and
(14) perform other duties as assigned by the presiding officer of the council.
Amended by Chapter 25, 2018 General Session
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 107 - Court administrator -- Powers, duties, and responsibilities.

Effective 7/1/2024
78A-2-107.
Court administrator -- Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and within the policies established by the the Judicial Council:
(1) the state court administrator shall:
(a) organize and administer all of the nonjudicial activities of the courts;
(b) assign, supervise, and direct the work of the nonjudicial officers of the courts;
(c) implement the standards, policies, and rules established by the Judicial Council;
(d) formulate and administer a system of personnel administration, including in-service training programs;
(e) prepare and administer the state judicial budget, fiscal, accounting, and procurement activities for the operation of the courts of record;
(f) assist justice courts in budgetary, fiscal, and accounting procedures;
(g) conduct studies of the business of the courts, including the preparation of recommendations and reports relating to the studies;
(h) develop uniform procedures for the management of court business, including the management of court calendars;
(i) maintain liaison with the governmental and other public and private groups having an interest in the administration of the courts;
(j) establish uniform policy concerning vacations and sick leave for judges and nonjudicial officers of the courts;
(k) establish uniform hours for court sessions throughout the state;
(l) when necessary for administrative reasons, change the county for trial of any case if no party to the litigation files timely objections to this change;
(m)
(i) organize and administer a program of continuing education for judges and support staff, including training for justice court judges; and
(ii) ensure that any training or continuing education described in Subsection (1)(m)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;
(n) provide for an annual meeting for each level of the courts of record and the annual judicial conference; and
(o) perform other duties as assigned by the presiding officer of the Judicial Council; and
(2) with the consent of the presiding officer of the Judicial Council, the state court administrator may:
(a) call and appoint a justice or judge of a court of record to serve temporarily as a judge of the Court of Appeals, the Business and Chancery Court, a district court, or a juvenile court; and
(b) set reasonable compensation for the service of a justice or judge under Subsection (2)(a).
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 108 - Assistants for state court administrator -- Appointment of trial court executives.

Effective 5/8/2018
Superseded 7/1/2024
78A-2-108.
Assistants for state court administrator -- Appointment of trial court executives.
(1) The state court administrator, with the approval of the presiding officer of the council, is responsible for the establishment of positions and salaries of assistants as necessary to enable the state court administrator to perform the powers and duties vested in the state court administrator by this chapter, including the positions of appellate court administrator, district court administrator, juvenile court administrator, and justices' court administrator, whose appointments shall be made by the state court administrator with the concurrence of the respective boards as established by the council.
(2) The district court administrator, with the concurrence of the presiding judge of a district or the district court judge in single judge districts, may appoint in each district a trial court executive. The trial court executive may appoint, subject to budget limitations, necessary support personnel including clerks, research clerks, secretaries, and other persons required to carry out the work of the court. The trial court executive shall supervise the work of all nonjudicial court staff and serve as administrative officer of the district.
(3) Administrators and assistants appointed under this section shall be known collectively as the Administrative Office of the Courts.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 108 - Assistants for state court administrator -- Appointment of trial court executives.

Effective 7/1/2024
78A-2-108.
Assistants for state court administrator -- Appointment of trial court executives.
(1) The state court administrator, with the approval of the presiding officer of the Judicial Council, is responsible for the establishment of positions and salaries of assistants as necessary to enable the state court administrator to perform the powers and duties vested in the state court administrator by this chapter, including the positions of appellate court administrator, business and chancery court administrator, district court administrator, juvenile court administrator, and justice court administrator.
(2) The state court administrator shall appoint an appellate court administrator, a business and chancery court administrator, a district court administrator, a juvenile court administrator, and a justice court administrator with the concurrence of the respective boards as established by the Judicial Council.
(3)
(a) The district court administrator, with the concurrence of the presiding judge of a district or the district court judge in single judge districts, may appoint a trial court executive in each district.
(b) The trial court executive may appoint, subject to budget limitations, necessary support personnel including clerks, research clerks, secretaries, and other persons required to carry out the work of the court.
(c) The trial court executive shall supervise the work of all nonjudicial court staff and serve as administrative officer of the district.
(4) Administrators and assistants appointed under this section are known collectively as the Administrative Office of the Courts.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 109 - Courts to provide information and statistical data to state court administrator.

Effective 5/8/2018
78A-2-109.
Courts to provide information and statistical data to state court administrator.
The judges, clerks of the courts, and all other officers, state and local, shall comply with all requests made by the state court administrator or the state court administrator's assistants for information and statistical data bearing on the state of the dockets of the courts and such other information as may reflect the business transacted by them and the expenditure of public money for the maintenance and operation of the judicial system.
Amended by Chapter 25, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 109.5 - Court data collection and reporting.

Effective 10/1/2023
78A-2-109.5.
Court data collection and reporting.
(1) As used in this section, "commission" means the Commission on Criminal and Juvenile Justice created in Section 63M-7-201.
(2) The Administrative Office of the Courts shall submit the following information to the commission for each criminal case filed with the court:
(a) case number;
(b) the defendant's:
(i) full name;
(ii) offense tracking number; and
(iii) date of birth;
(c) charges filed;
(d) initial appearance date;
(e) bail amount set by the court, if any;
(f) whether the defendant was represented by a public defender, private counsel, or pro se; and
(g) final disposition of the charges.
(3)
(a) The Administrative Office of the Courts shall submit the information described in Subsection (2) to the commission on the 15th day of July and January of each year for the previous six-month period ending the last day of June and December of each year in the form and manner selected by the commission.
(b) If the last day of the month is a Saturday, Sunday, or state holiday, the Administrative Office of the Courts shall submit the information described in Subsection (2) to the commission on the next working day.
(4) Before July 1 of each year, the Administrative Office of the Courts shall submit the following data on cases involving individuals charged with class A misdemeanors and felonies, broken down by judicial district, to the commission for each preceding calendar year:
(a) the number of cases in which a preliminary hearing is set and placed on the court calendar;
(b) the median and range of the number of times that a preliminary hearing is continued in cases in which a preliminary hearing is set and placed on the court calendar;
(c) the number of cases, and the average time to disposition for those cases, in which only written statements from witnesses are submitted as probable cause at the preliminary hearing;
(d) the number of cases, and the average time to disposition for those cases, in which written statements and witness testimony are submitted as probable cause at the preliminary hearing;
(e) the number of cases, and the average time to disposition for those cases, in which only witness testimony is submitted as probable cause at the preliminary hearing; and
(f) the number of cases in which a preliminary hearing is held and the defendant is bound over for trial.
(5) The commission shall include the data collected under Subsection (4) in the commission's annual report described in Section 63M-7-205.
Amended by Chapter 441, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 111 - Annual judicial conference.

78A-2-111.
Annual judicial conference.
(1) There is established an annual judicial conference for all courts of this state, to facilitate the exchange of ideas among all courts and judges, and to study and improve the administration of the courts.
(2) All elections provided in this act shall be conducted during the annual judicial conference.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 112 - Grants to nonprofit legal assistance organization.

78A-2-112.
Grants to nonprofit legal assistance organization.
Subject to legislative appropriation, the state court administrator shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, solicit requests for proposals and award grants to nonprofit legal assistance providers to provide legal assistance throughout the state to:
(1) low to moderate income victims of domestic violence; and
(2) low to moderate income individuals in family law matters.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 113 - Judicial hiring freeze authorized.

Superseded 7/1/2024
78A-2-113.
Judicial hiring freeze authorized.
(1) As used in this section, "General Fund budget deficit" means a situation where General Fund appropriations made by the Legislature for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the General Fund in that fiscal year.
(2) During a General Fund budget deficit, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court, may, by unanimous vote, implement a judicial hiring freeze for judicial vacancies for:
(a) a juvenile court district with three or more juvenile court judges;
(b) a district court district with three or more district court judges;
(c) all appellate court judges; or
(d) any combination of Subsections (2)(a) through (c).
(3) In implementing a judicial hiring freeze, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court shall:
(a) establish the length of that hiring freeze; and
(b) ensure that the hiring freeze lasts at least 90 days, but not longer than the last day of the annual general session of the Legislature.
Enacted by Chapter 175, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 1 - Judicial Administration › Section 113 - Judicial hiring freeze authorized.

Effective 7/1/2024
78A-2-113.
Judicial hiring freeze authorized.
(1) As used in this section, "General Fund budget deficit" means a situation where General Fund appropriations made by the Legislature for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the General Fund in that fiscal year.
(2) During a General Fund budget deficit, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court, may, by unanimous vote, implement a judicial hiring freeze for judicial vacancies for:
(a) a juvenile court district with three or more juvenile court judges;
(b) a district court district with three or more district court judges;
(c) all Business and Chancery Court judges;
(d) all appellate court judges; or
(e) any combination of Subsections (2)(a) through (d).
(3) In implementing a judicial hiring freeze, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court shall:
(a) establish the length of that hiring freeze; and
(b) ensure that the hiring freeze lasts at least 90 days, but not longer than the last day of the annual general session of the Legislature.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 201 - Powers of every court.

78A-2-201.
Powers of every court.
Every court has authority to:
(1) preserve and enforce order in its immediate presence;
(2) enforce order in the proceedings before it, or before a person authorized to conduct a judicial investigation under its authority;
(3) provide for the orderly conduct of proceedings before it or its officers;
(4) compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in a pending action or proceeding;
(5) control in furtherance of justice the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it in every matter;
(6) compel the attendance of persons to testify in a pending action or proceeding, as provided by law;
(7) administer oaths in a pending action or proceeding, and in all other cases where necessary in the exercise of its authority and duties;
(8) amend and control its process and orders to conform to law and justice;
(9) devise and make new process and forms of proceedings, consistent with law, necessary to carry into effect its authority and jurisdiction; and
(10) enforce rules of the Supreme Court and Judicial Council.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 202 - Courts of justice -- Authority.

Superseded 7/1/2024
78A-2-202.
Courts of justice -- Authority.
(1) All courts of justice have the authority necessary to exercise their jurisdiction.
(2) If a procedure for an action is not established, a process may be adopted that conforms with the apparent intent of the statute or rule of procedure.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 2 - General Provisions Applicable to Courts and Judges › Section 202 - Authority of court.

Effective 7/1/2024
78A-2-202.
Authority of court.
(1) A court of this state has the authority necessary to exercise the court's jurisdiction.
(2) If a procedure for an action is not established, a process may be adopted that conforms with the apparent intent of the statute or rule of procedure.
Amended by Chapter 394, 2023 General Session