reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 6 - Juvenile Court › Part 4a - Adult Criminal Proceedings › Section 450 - Criminal information for an adult in juvenile court.

Effective 9/1/2022
78A-6-450.
Criminal information for an adult in juvenile court.
A county attorney or district attorney may file a criminal information in the juvenile court charging an adult for:
(1) unlawful sale or furnishing of an alcoholic product to minors in violation of Section 32B-4-403;
(2) failure to report abuse or neglect in violation of Section 80-2-609;
(3) harboring a runaway in violation of Section 80-5-601;
(4) misdemeanor custodial interference in violation of Section 76-5-303;
(5) contributing to the delinquency of a minor in violation of Section 76-10-2301;
(6) failure to comply with compulsory education requirements in violation of Section 53G-6-202; or
(7) a willful failure to perform a promise to appear under Subsection 78A-6-352(4)(b).
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 6 - Juvenile Court › Part 4a - Adult Criminal Proceedings › Section 451 - Who may prosecute an adult in juvenile court -- Transfer to district court.

Effective 9/1/2021
78A-6-451.
Who may prosecute an adult in juvenile court -- Transfer to district court.
(1) The county attorney or district attorney, as provided in Title 17, Chapter 18a, Powers and Duties of County and District Attorney, shall prosecute any case brought under this part.
(2) Any proceeding under this part is governed by the statutes and rules governing criminal proceedings in the district court, except the juvenile court may, on stipulation of the parties, transfer the case to the district court.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 6 - Juvenile Court › Part 4a - Adult Criminal Proceedings › Section 452 - Costs and expenses of trial.

Effective 9/1/2021
78A-6-452.
Costs and expenses of trial.
(1) Except as provided in Subsection (2), the state shall pay, when approved by the court, the cost of publication of a summons, the expense of a trial, and any other fee or expense of a trial of an adult under this part.
(2) The county where the hearing or trial is held shall pay the prosecution costs and public defender costs.
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 101 - Creation of justice court -- Not of record -- Independent branch of local government -- Classes of justice courts.

Effective 5/3/2023
78A-7-101.
Creation of justice court -- Not of record -- Independent branch of local government -- Classes of justice courts.
(1)
(a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of record known as the justice court.
(b) The judges of this court are justice court judges.
(2) A justice court is:
(a) a court of this state in accordance with Section 78A-1-101;
(b) a part of the state judiciary even though the justice court is funded and staffed by a municipality or county; and
(c) independent from the other branches of government for a municipality or county.
(3) A justice court may not be treated as part of the executive or legislative branches or offices of a municipality or county.
(4) A municipality or county may only operate a justice court as authorized by this chapter.
(5) Justice courts shall be divided into the following classes:
(a) Class I: 501 or more case filings per month;
(b) Class II: 201-500 case filings per month;
(c) Class III: 61-200 case filings per month; and
(d) Class IV: 60 or fewer case filings per month.
Amended by Chapter 475, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 103 - Minimum standards of justice courts -- Authority of Judicial Council over justice courts.

Effective 5/14/2019
78A-7-103.
Minimum standards of justice courts -- Authority of Judicial Council over justice courts.
The Judicial Council shall ensure that:
(1) procedures include requirements that every municipality or county that establishes or maintains a justice court provide for the following minimum operating standards:
(a) 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;
(b) sufficient prosecutors to perform the prosecutorial duties before the justice court;
(c) adequate funding to provide indigent defense services for indigent individuals under Title 78B, Chapter 22, Indigent Defense Act;
(d) sufficient local peace officers to provide security for the justice court and to attend to the justice court when required;
(e) sufficient clerical personnel to serve the needs of the justice court;
(f) sufficient funds to cover the cost of travel and training expenses of clerical personnel and judges at training sessions mandated by the Judicial Council;
(g) 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
(h) 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
(2) the Judicial Council's rules and procedures shall:
(a) 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
(b) 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:
(i) decline recertification of a justice court;
(ii) revoke the certification of a justice court;
(iii) extend the time for a justice court to comply with the minimum requirements; or
(iv) 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.
Amended by Chapter 326, 2019 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 105 - Jurisdiction of a county justice court.

Effective 5/4/2022
78A-7-105.
Jurisdiction of a county justice court.
(1)
(a) 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.
(b) 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:
(i) the same offense could have been filed as a class A misdemeanor in district court;
(ii) the county or district attorney files the offense described in Subsection (1)(b)(i) pursuant to Subsection 77-2-2.3(1)(a); and
(iii) the case was submitted to the county or district attorney's office for prosecution.
(c) 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.
(d) 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.
(2) The territorial jurisdiction of municipal justice courts extends to the corporate limits of the municipality in which the justice court is created.
(3) Justice court judges have the same authority regarding matters within their jurisdiction as judges of courts of record.
(4) A justice court may issue all extraordinary writs and other writs as necessary to carry into effect its orders, judgments, and decrees.
(5)
(a) 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:
(i) is recorded in the office of the county recorder of the county in which the real property of the judgment debtor is located; and
(ii) 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).
(b) 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.
(c) State agencies are exempt from the recording requirement of Subsection (5)(a).
Amended by Chapter 339, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 121 - Funds collected -- Deposits and reports -- Special account -- Accounting.

78A-7-121.
Funds collected -- Deposits and reports -- Special account -- Accounting.
(1)
(a) Justice courts shall deposit public funds in accordance with Section 51-4-2.
(b) 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.
(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.
(3)
(a) 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.
(b) Disbursements from this account do not require the approval of the auditor, recorder, or governing body.
(c) The account shall be reconciled at least quarterly by the auditor of the governing body.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 122 - Security surcharge -- Application -- Deposit in restricted accounts.

Effective 7/1/2020
78A-7-122.
Security surcharge -- Application -- Deposit in restricted accounts.
(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.
(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.
(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.
(4) Thirty-two dollars of the security surcharge shall be allocated as follows:
(a) the assessing court shall retain 20% of the amount collected for deposit into the general fund of the governmental entity; and
(b) 80% shall be remitted to the state treasurer to be distributed as follows:
(i) 62.5% to the treasurer of the county in which the justice court which remitted the amount is located;
(ii) 25% to the Court Security Account created in Section 78A-2-602; and
(iii) 12.5% to the Justice Court Technology, Security, and Training Account created in Section 78A-7-301.
(5) The court shall remit money collected in accordance with Title 51, Chapter 7, State Money Management Act.
Amended by Chapter 230, 2020 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 1 - Creation, Jurisdiction, and Procedure › Section 123 - Dissolution of justice courts.

78A-7-123.
Dissolution of justice courts.
(1)
(a) 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.
(b) 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.
(c) The municipality or county shall provide notice to the Judicial Council.
(d) 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.
(e) 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.
(2)
(a) 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.
(b) 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.
(c) 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.
(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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 201 - Justice court judge eligibility -- Mandatory retirement.

Effective 5/3/2023
78A-7-201.
Justice court judge eligibility -- Mandatory retirement.
(1) A justice court judge shall be:
(a) a citizen of the United States;
(b) 25 years old or older;
(c) a resident of Utah for at least three years immediately preceding the judge's appointment;
(d) 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
(e) a qualified voter of the county in which the judge resides.
(2)
(a) 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.
(b) 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.
(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.
(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.
(5) A justice court judge shall retire upon attaining the age of 75 years.
(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:
(a) re-advertise the position; and
(b) accept applications from individuals who do not meet the requirement of Subsection (2)(a).
Amended by Chapter 475, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 203 - Term of office for justice court judge -- Retention -- Reduction in force -- Addition of a justice court judge position.

Effective 5/12/2020
78A-7-203.
Term of office for justice court judge -- Retention -- Reduction in force -- Addition of a justice court judge position.
(1) The term of a justice court judge is six years beginning the first Monday in January following the date of election.
(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:
(a) 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
(b) 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.
(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.
(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.
(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.
Amended by Chapter 52, 2020 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 204 - Offices of justice court judges.

78A-7-204.
Offices of justice court judges.
(1) Justice court judges holding office in:
(a) county precincts are county justice court judges; and
(b) cities or towns are municipal justice court judges.
(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.
(3)
(a) The governing body may create as many judicial positions as are required for the efficient administration of a justice court.
(b) 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.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 205 - Required training -- Failure to attend.

Effective 5/14/2019
78A-7-205.
Required training -- Failure to attend.
(1) A justice court judge shall meet the continuing education requirements of the Judicial Council.
(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.
(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.
Amended by Chapter 429, 2019 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 206 - Determination of compensation for justice court judge -- Limits on secondary employment -- Prohibition on holding political or elected office -- Penalties.

Effective 5/3/2023
78A-7-206.
Determination of compensation for justice court judge -- Limits on secondary employment -- Prohibition on holding political or elected office -- Penalties.
(1) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respective municipality or county.
(a) 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.
(b) The governing body of the municipality or county shall set a part-time justice court judge's salary as follows:
(i) The governing body shall first determine the full-time salary range outlined in Subsection (1)(a).
(ii) 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.
(iii) 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).
(c) 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.
(d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary greater than 90% of the salary of a district court judge.
(e) 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.
(f) 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.
(2) A justice court judge may not appear as an attorney in any:
(a) justice court;
(b) criminal matter in any federal, state, or local court; or
(c) juvenile court case involving conduct which would be criminal if committed by an adult.
(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.
(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.
(5) A justice court judge may not own or be employed by any business entity which regularly litigates in small claims court.
(6) The Judicial Council shall file a formal complaint with the Judicial Conduct Commission for each violation of this section.
Amended by Chapter 475, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 208 - Temporary justice court judge.

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.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 209.5 - Presiding judge -- Associate presiding judge -- Election -- Powers -- Duties.

Effective 5/4/2022
78A-7-209.5.
Presiding judge -- Associate presiding judge -- Election -- Powers -- Duties.
(1)
(a) 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.
(b) The presiding judge shall receive an additional $2,000 per annum as compensation from the Justice Court Technology, Security, and Training Account described in Section 78A-7-301 for the period served as presiding judge.
(2)
(a) In judicial districts having more than two justice court judges, the justice court judges may elect one judge of the district to the office of associate presiding judge.
(b) The associate 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.
(3) The presiding judge has the following authority and responsibilities, consistent with the policies of the Judicial Council:
(a) working with each justice court judge in the district to implement policies and rules of the Judicial Council;
(b) exercising powers and performing administrative duties as authorized by the Judicial Council;
(c) 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;
(d) 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:
(i) assigning, on an emergency basis, a justice court judge to hear a case or cases; and
(ii) facilitating 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; and
(e) entering orders of expungement in cases expunged in accordance with Section 77-40a-201.
(4)
(a) When the presiding judge is unavailable, the associate presiding judge shall assume the responsibilities of the presiding judge.
(b) The associate presiding judge shall perform other duties assigned by the presiding judge.
Enacted by Chapter 276, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 210 - Justice court judge administrative responsibilities.

78A-7-210.
Justice court judge administrative responsibilities.
(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.
(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.
(3) Repeated or willful noncompliance may be referred, by the county executive or municipal legislative body, to the Judicial Conduct Commission.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 212 - Place of holding court.

78A-7-212.
Place of holding court.
(1)
(a) 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.
(b) 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.
(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.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 213 - Trial facilities -- Hours of business.

78A-7-213.
Trial facilities -- Hours of business.
(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.
(2)
(a) 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.
(b) A municipal justice court judge shall hold court in the municipality where the court is located.
(c) Justice courts may also hold court or conduct hearings or court business in any facility or location authorized by rule of the Judicial Council.
(3) Justice courts shall be open and judicial business shall be transacted:
(a) five days per week; or
(b) no less than four days per week for at least 11 hours per day.
(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.
(5) The hours the courts are open shall be posted conspicuously at the courts and in local public buildings.
(6) The clerk of the court and judges of justice courts shall attend the court at regularly scheduled times.
(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.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 2 - Judges and Administration › Section 215 - Monthly reports to court administrator and governing body.

78A-7-215.
Monthly reports to court administrator and governing body.
(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.
(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.
(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.
Amended by Chapter 205, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 7 - Justice Court › Part 3 - Technology, Security, and Training Account › Section 301 - Justice Court Technology, Security, and Training Account established -- Funding -- Uses.

Effective 5/3/2023
78A-7-301.
Justice Court Technology, Security, and Training Account established -- Funding -- Uses.
(1) There is created a restricted account in the General Fund known as the Justice Court Technology, Security, and Training Account.
(2) The state treasurer shall deposit in the account:
(a) money collected from the surcharge established in Subsection 78A-7-122(4)(b)(iii); and
(b) the administrative fee from a deferred prosecution or traffic school deferred prosecution under Subsection 77-2-4.2(5) or (6).
(3) Money shall be appropriated from the account to the Administrative Office of the Courts to be used for:
(a) audit, technology, security, and training needs in justice courts throughout the state;
(b) additional compensation for presiding judges and associate presiding judges for justice courts under Section 78A-7-209.5; and
(c) costs to implement, operate, and maintain deferred prosecution and traffic school deferred prosecution pursuant to Subsections 77-2-4.2(5) and (6).
Amended by Chapter 393, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 8 - Small Claims Courts › Section 104 - Object of small claims -- Attachment, garnishment, and execution.

78A-8-104.
Object of small claims -- Attachment, garnishment, and execution.
(1) The hearing in a small claims action has the sole object of dispensing speedy justice between the parties. The record of small claims proceedings shall be as provided by rule of the Judicial Council.
(2) Attachment, garnishment, and execution may issue after judgment as prescribed by law, upon the payment of the fees required for those services.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 8 - Small Claims Courts › Section 105 - Civil filing fees.

78A-8-105.
Civil filing fees.
(1) Except as provided in this section, the fees for a small claims action in justice court shall be the same as provided in Section 78A-2-301.
(2) Fees collected in small claims actions filed in municipal justice court are remitted to the municipal treasurer. Fees collected in small claims actions filed in a county justice court are remitted to the county treasurer.
(3) The fee in the justice court for filing a notice of appeal for trial de novo in a court of record is $10. The fee covers all services of the justice court on appeal but does not satisfy the trial de novo filing fee in the court of record.
Amended by Chapter 34, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 8 - Small Claims Courts › Section 106 - Appeals -- Who may take and jurisdiction.

Effective 5/9/2017
78A-8-106.
Appeals -- Who may take and jurisdiction.
(1) Either party may appeal the judgment in a small claims action to the district court of the county by filing a notice of appeal in the original trial court within 28 days of entry of the judgment. If the judgment in a small claims action is entered by a judge or judge pro tempore of the district court, the notice of appeal shall be filed with the district court.
(2) The appeal is a trial de novo and shall be tried in accordance with the procedures of small claims actions. A record of the trial shall be maintained. The trial de novo may not be heard by a judge pro tempore appointed under Section 78A-8-108. The decision of the trial de novo may not be appealed unless the court rules on the constitutionality of a statute or ordinance.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 8 - Small Claims Courts › Section 108 - Evening hours -- Judges pro tempore.

78A-8-108.
Evening hours -- Judges pro tempore.
(1) The district or justice court may request that the Supreme Court appoint a member of the Utah State Bar in good standing, with the member's consent, as judge pro tempore to hear and determine small claims at times, including evening sessions, to be set by the court.
(2) After being duly sworn, judges pro tempore shall:
(a) serve voluntarily and without compensation at the request of the court; and
(b) be extended the same immunities, and have the same powers with respect to matters within the jurisdiction of the small claims court as exercised by a regular judge.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 8 - Small Claims Courts › Section 109 - Report to Judiciary Interim Committee.

78A-8-109.
Report to Judiciary Interim Committee.
The Judicial Council shall present to the Judiciary Interim Committee, if requested by the committee, a report and recommendation concerning the maximum amount of small claims actions.
Amended by Chapter 51, 2011 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 9 - Attorneys › Section 101 - Admission to state bar -- Criminal history background checks.

78A-9-101.
Admission to state bar -- Criminal history background checks.
(1) The Utah State Bar shall require each person applying for admission to the Utah State Bar to submit a complete set of fingerprints for the purpose of conducting a national criminal history background check.
(2) Fingerprints of applicants for admission to the Utah State Bar shall be submitted to the Department of Public Safety, Bureau of Criminal Identification to be used to conduct a criminal history background check and to the Federal Bureau of Investigation to obtain a national criminal history background check.
(3) The criminal history background information obtained from the Department of Public Safety and the national criminal history background information obtained from the Federal Bureau of Investigation pursuant to this section may be used by the Utah State Bar to determine an applicant's character, fitness, and suitability for admission to the Utah State Bar.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 9 - Attorneys › Section 102 - Fees for certificate of admission.

78A-9-102.
Fees for certificate of admission.
The appellate courts shall receive a $50 fee for a certificate of admission as attorney and counselor, $30 of which shall be distributed by the state treasurer to the Judicial Council as a dedicated credit for the benefit of the State Law Library.
Amended by Chapter 391, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 9 - Attorneys › Section 103 - Practicing law without a license prohibited -- Exceptions.

78A-9-103.
Practicing law without a license prohibited -- Exceptions.
(1) Unless otherwise provided by law or court rule, an individual may not practice law or assume to act or hold himself or herself out to the public as an individual qualified to practice law within this state if that individual:
(a) is not admitted and licensed to practice law within this state;
(b) has been disbarred or suspended from the practice of law; or
(c) is prohibited from practicing law by court order entered pursuant to the courts' inherent powers or published court rule.
(2) The prohibition against the practice of law described in Subsection (1) shall be enforced by any civil action or proceeding instituted by the Board of Commissioners of the Utah State Bar.
(3) Nothing in this section prohibits an individual from personally and fully representing that individual's own interests in a cause to which that individual is a party in the individual's own right and not as an assignee.
Amended by Chapter 2, 2013 Special Session 1
Amended by Chapter 2, 2013 Special Session 1
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
Superseded 7/1/2024
78A-10a-101.
Definitions.
As used in this part:
(1) "Commission" means a judicial nominating commission created under Section 78A-10a-302 or 78A-10a-402.
(2) "Commissioner" means an individual appointed by the governor to serve on a judicial nominating commission created under Section 78A-10a-302 or 78A-10a-402.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 1 - General Provisions › Section 101 - Definitions.

Effective 7/1/2024
78A-10a-101.
Definitions.
As used in this part:
(1) "Commission" means a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502.
(2) "Commissioner" means an individual appointed by the governor to serve on a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502.
Enacted by Chapter 250, 2023 General Session
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 1 - General Provisions › Section 102 - Nomination, appointment, and confirmation of judges.

Effective 5/3/2023
78A-10a-102.
Nomination, appointment, and confirmation of judges.
(1) On and after July 1, 2023, judges for courts of record in this state are nominated, appointed, and confirmed in accordance with this chapter, Section 67-1-2, and Utah Constitution, Article VIII, Section 8.
(2) A commission, the governor, the chief justice of the Supreme Court, and the Senate shall nominate and select judges based solely upon consideration of fitness for office without regard to any partisan political consideration.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 1 - General Provisions › Section 103 - Judicial nominating commissions -- Transition clause.

Effective 5/3/2023
78A-10a-103.
Judicial nominating commissions -- Transition clause.
(1) Except as provided in Subsection (2), an individual appointed by the governor to serve on a judicial nominating commission before July 1, 2023, is removed from the judicial nominating commission on June 30, 2023.
(2) On or after May 3, 2023, but before July 1, 2023, the governor may appoint a commissioner to serve on a commission in accordance with this chapter.
(3) A commissioner appointed by the governor under Subsection (2) may not begin the commissioner's term of service until July 1, 2023.
(4) Nothing in this chapter prevents the governor from appointing an individual removed from a judicial nominating commission under Subsection (1) to serve as a commissioner under this chapter on or after July 1, 2023, if the individual's appointment meets the requirements of this chapter.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 2 - Judicial Selection Process › Section 201 - State Commission on Criminal and Juvenile Justice -- Duties -- Rulemaking.

Effective 5/3/2023
78A-10a-201.
State Commission on Criminal and Juvenile Justice -- Duties -- Rulemaking.
The State Commission on Criminal and Juvenile Justice shall:
(1) enact rules establishing procedures for the meetings of a commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(2) ensure that the rules described in Subsection (1):
(a) comply with the requirements of this chapter;
(b) include standards that:
(i) maintain the confidentiality of applications for a judicial vacancy and related documents;
(ii) address destroying the records of the names of applicants, applications, and related documents upon the completion of the judicial nomination process; and
(iii) govern a commissioner's disqualification and inability to serve;
(c) allow for public comment concerning the judicial nomination process, qualifications for judicial office, and individual applicants;
(d) include evaluation criteria for the selection of judicial nominees; and
(e) address procedures for:
(i) taking summary minutes at a commission meeting;
(ii) simultaneously forwarding the names of nominees to the governor, the president of the Senate, and the Office of Legislative Research and General Counsel as described in Subsection 78A-10a-203(5); and
(iii) requiring the Administrative Office of the Courts to immediately inform the governor when a judge is removed, resigns, or retires.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 2 - Judicial Selection Process › Section 202 - Time periods -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission.

Effective 5/3/2023
78A-10a-202.
Time periods -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission.
(1)
(a) Unless a hiring freeze is implemented in accordance with Section 78A-2-113, the governor shall ensure that:
(i) except as provided in Subsection (1)(a)(ii), the recruitment period to fill a judicial vacancy begins 235 days before the effective date of the judicial vacancy;
(ii) if sufficient notice of a judicial vacancy is not given to the governor, the recruitment period to fill a judicial vacancy begins within 10 days after the day on which the governor receives notice;
(iii) except as provided in Subsection (1)(b), the recruitment period is a minimum of at least 30 days but no more than 90 days; and
(iv) the chair of the commission having authority over the vacancy convenes a meeting no more than 10 days after the close of the recruitment period.
(b) If fewer than nine applications are received for a judicial vacancy, the governor may extend the recruitment period described in Subsection (1)(a)(iii) up to 30 days.
(2) If there is a hiring freeze implemented in accordance with Section 78A-2-113, the time periods described in Subsection (1) shall begin to run on the day that the hiring freeze ends.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 2 - Judicial Selection Process › Section 204 - Senate confirmation of judicial appointments for courts of record.

Effective 5/3/2023
78A-10a-204.
Senate confirmation of judicial appointments for courts of record.
(1) The Senate shall:
(a) consider and render a decision on each judicial appointment within 60 days after the day of the judicial appointment; and
(b) if necessary, convene the Senate in an extraordinary session to consider the judicial appointment.
(2) If the Senate fails to approve a judicial appointment, the office is considered vacant and a new nominating process begins.
(3) A judicial appointment is effective upon approval of a majority of all members of the Senate.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 3 - Appellate Court Nominating Commission › Section 301 - Definitions.

Effective 5/3/2023
78A-10a-301.
Definitions.
As used in this part:
(1) "Commission" means the Appellate Court Nominating Commission created under Section 78A-10a-302.
(2) "Commissioner" means an individual appointed by the governor to serve on the Appellate Court Nominating Commission created under Section 78A-10a-302.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 3 - Appellate Court Nominating Commission › Section 302 - Creation -- Purpose.

Effective 5/3/2023
78A-10a-302.
Creation -- Purpose.
(1) There is created the Appellate Court Nominating Commission.
(2) The Appellate Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Supreme Court and the Court of Appeals.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 3 - Appellate Court Nominating Commission › Section 303 - Membership -- Vacancies -- Removal.

Effective 5/3/2023
78A-10a-303.
Membership -- Vacancies -- Removal.
(1) The Appellate Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term.
(2) A commissioner shall:
(a) be a United States citizen;
(b) be a resident of Utah; and
(c) serve until the commissioner's successor is appointed.
(3) The governor may not appoint:
(a) a commissioner to serve successive terms; or
(b) a member of the Legislature to serve as a commissioner.
(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual's appointment would ensure that the commission selects applicants without any regard to partisan political consideration.
(5) The governor shall appoint the chair of the commission from among the membership of the commission.
(6) The governor shall fill any vacancy on the commission caused by the expiration of a commissioner's term.
(7)
(a) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term.
(b) A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service.
(8) The governor may remove a commissioner from the commission at any time with or without cause.
Enacted by Chapter 250, 2023 General Session