reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 408 - Transcripts and copies -- Fees.

Effective 5/5/2021
78A-2-408.
Transcripts and copies -- Fees.
(1) The Judicial Council shall by rule provide for a standard page format for transcripts of court hearings.
(2)
(a) Except as provided in Subsections (2)(c) and (e), the fee for a transcript of a court session, or any part of a court session, may not be more than $4.50 per page, which includes the initial preparation of the transcript and one certified copy.
(b) The preparer shall:
(i) deposit the original text file and printed transcript with the clerk of the court; and
(ii) provide the person requesting the transcript with the certified copy.
(c) The cost of additional copies of the transcript shall be as provided in Subsection 78A-2-301(1).
(d) The transcript for an appeal shall be prepared within the time period permitted by the Utah Rules of Appellate Procedure.
(e) The fee for a transcript prepared:
(i) within three business days of the request, shall be 1-1/2 times the base rate; and
(ii) within one business day of the request, shall be double the base rate.
(3)
(a) When a transcript is ordered by the court, the fees shall be paid by the parties to the action in equal proportion or as ordered by the court.
(b) The fee for a transcript in a criminal case in which the defendant is found to be an indigent individual, as defined in Section 78B-22-102, shall be paid in accordance with Subsection 78B-22-203(3).
(4)
(a) The fee for the preparation of a transcript of a court hearing by an official court transcriber and the fee for the preparation of the transcript by a certified court reporter of a hearing before any court, referee, master, board, or commission of this state shall be:
(i) in accordance with Subsection (2); and
(ii) payable to the person preparing the transcript.
(b) Payment for a transcript under this section is the responsibility of the party requesting the transcript.
Amended by Chapter 224, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 409 - Certified transcripts prima facie correct.

78A-2-409.
Certified transcripts prima facie correct.
A transcript of a certified court reporter's notes, written in longhand or typewritten, certified by the court reporter as being a correct transcript of evidence and proceedings, is prima facie a correct statement of the evidence and proceedings.
Amended by Chapter 34, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 410 - Transcripts taxed as costs.

78A-2-410.
Transcripts taxed as costs.
A transcript may not be taxed as costs, unless the preparation of the transcript is ordered either by a party or by the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 4 - Court Reporter Act › Section 411 - Crimes.

Effective 5/8/2018
78A-2-411.
Crimes.
Any violation of the provisions of this chapter, except Section 78A-2-404, is a class B misdemeanor.
Amended by Chapter 148, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 5 - Online Court Assistance Act › Section 501 - Definitions -- Online Court Assistance Program -- Purpose of program -- Online Court Assistance Account -- User's fee.

Effective 5/14/2019
78A-2-501.
Definitions -- Online Court Assistance Program -- Purpose of program -- Online Court Assistance Account -- User's fee.
(1) As used in this part:
(a) "Account" means the Online Court Assistance Account created in this section.
(b) "Program" means the Online Court Assistance Program created in this section.
(2) There is created the "Online Court Assistance Program" administered by the Administrative Office of the Courts to provide the public with information about civil procedures and to assist the public in preparing and filing civil pleadings and other papers in:
(a) uncontested divorces;
(b) enforcement of orders in the divorce decree;
(c) landlord and tenant actions;
(d) guardianship actions; and
(e) other types of proceedings approved by the board.
(3) The purpose of the program shall be to:
(a) minimize the costs of civil litigation;
(b) improve access to the courts; and
(c) provide for informed use of the courts and the law by pro se litigants.
(4)
(a) An additional $20 shall be added to the filing fee established by Sections 78A-2-301 and 78A-2-301.5 if a person files a complaint, petition, answer, or response prepared through the program. There shall be no fee for using the program or for papers filed subsequent to the initial pleading.
(b) There is created within the General Fund a restricted account known as the Online Court Assistance Account. The fees collected under this Subsection (4) shall be deposited in the restricted account and appropriated by the Legislature to the Administrative Office of the Courts to develop, operate, and maintain the program and to support the use of the program through education of the public.
(5) The Administrative Office of the Courts shall provide on the front page of the program website a listing of all forms and proceedings available to all pro se litigants within the program.
Amended by Chapter 246, 2019 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 6 - Court Security › Section 601 - Security surcharge -- Application and exemptions -- Deposit in restricted account.

Effective 9/1/2021
78A-2-601.
Security surcharge -- Application and exemptions -- Deposit in restricted account.
(1) In addition to any fine, penalty, forfeiture, or other surcharge, a security surcharge of $53 shall be assessed in all courts of record on all criminal convictions and juvenile delinquency judgments.
(2) The security surcharge may not be imposed upon:
(a) nonmoving traffic violations;
(b) community service; and
(c) penalties assessed by the juvenile court as part of the nonjudicial adjustment of a case under Section 80-6-304.
(3) The security surcharge shall be collected after the surcharge under Section 51-9-401, but before any fine, and deposited with the state treasurer. A fine that would otherwise have been charged may not be reduced due to the imposition of the security surcharge.
(4) The state treasurer shall deposit the collected security surcharge in the restricted account, Court Security Account, as provided in Section 78A-2-602.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 6 - Court Security › Section 602 - Court Security Account -- Creation -- Funding -- Uses.

Effective 5/8/2018
78A-2-602.
Court Security Account -- Creation -- Funding -- Uses.
(1) There is created a restricted account in the General Fund known as the "Court Security Account."
(2) The state treasurer shall deposit in the Court Security Account money from:
(a) the surcharge established in Section 78A-2-601;
(b) the portions of filing fees allocated under Subsections 78A-2-301(1)(j)(iv) and (v); and
(c) the portions of a surcharge allocated under Subsections 78A-7-122(3) and (4)(b)(ii).
(3) The Court Security Account consists of money:
(a) deposited by the state treasurer under Subsection (2); and
(b) appropriated by the Legislature.
(4) Subject to appropriation, the Administrative Office of the Courts shall use the allocation to contract for court security at all district and juvenile courts throughout the state.
Amended by Chapter 167, 2018 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 7 - District Court Guardian Ad Litem Act › Section 702 - Definitions.

Effective 9/1/2021
78A-2-702.
Definitions.
As used in this part:
(1) "Attorney guardian ad litem" means an attorney employed by the office.
(2) "Director" means the director of the office.
(3) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem.
(4) "Office" means the Office of Guardian ad Litem, created in Section 78A-2-802.
(5) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office.
Amended by Chapter 262, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 7 - District Court Guardian Ad Litem Act › Section 704 - Public policy regarding attorney guardian ad litem -- Training.

Effective 9/1/2022
78A-2-704.
Public policy regarding attorney guardian ad litem -- Training.
(1) An attorney guardian ad litem may not presume that a child and the child's parent are adversaries.
(2) An attorney guardian ad litem shall be trained on and implement into practice:
(a) the parental rights and child and family protection principles provided in Section 80-2a-201;
(b) the fundamental liberties of parents and the public policy of the state to support family unification to the fullest extent possible;
(c) the constitutionally protected rights of parents, in cases where the state is a party;
(d) the use of a least restrictive means analysis regarding state claims of a compelling child welfare interest;
(e) the priority of maintaining a child safely in the child's home, whenever possible;
(f) the importance of:
(i) kinship placement, in the event the child is removed from the home; and
(ii) keeping sibling groups together, whenever practicable and in the best interests of the children;
(g) the preference for kinship adoption over nonkinship adoption, if the parent-child relationship is legally terminated;
(h) the potential for a guardianship placement if the parent-child relationship is legally terminated and no appropriate adoption placement is available; and
(i) the use of an individualized permanency plan, only as a last resort.
(3) The office shall implement policies and practice guidelines that reflect the priorities described in Subsections (2)(e) through (i) for the placement of children.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 8 - Guardian Ad Litem › Section 801 - Definitions.

Effective 9/1/2022
78A-2-801.
Definitions.
As used in this part:
(1) "Abuse, neglect, or dependency petition" means the same as that term is defined in Section 80-3-102.
(2) "Attorney guardian ad litem" means an attorney employed by the office.
(3) "Director" means the director of the office.
(4) "Division" means the Division of Child and Family Services created in Section 80-2-201.
(5) "Guardian ad litem" means an attorney guardian ad litem or a private attorney guardian ad litem.
(6) "Indigent individual" means the same as that term is defined in Section 78B-22-102.
(7) "Minor" means the same as that term is defined in Section 80-1-102.
(8) "Office" means the Office of Guardian Ad Litem created in Section 78A-2-802.
(9) "Private attorney guardian ad litem" means an attorney designated by the office in accordance with Section 78A-2-705 who is not an employee of the office.
Amended by Chapter 334, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 2 - Judicial Administration › Part 8 - Guardian Ad Litem › Section 804 - Guardian Ad Litem Services Account established -- Funding.

Effective 9/1/2021
78A-2-804.
Guardian Ad Litem Services Account established -- Funding.
(1) There is created a restricted account in the General Fund known as the Guardian Ad Litem Services Account, for the purpose of funding the office, in accordance with this part.
(2) The account shall be funded by the donation described in Subsection 41-1a-422(1)(a)(i)(F).
Renumbered and Amended by Chapter 261, 2021 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 3 - Supreme Court › Section 101 - Number of justices -- Terms -- Chief justice and associate chief justice -- Selection and functions.

Effective 5/4/2022
78A-3-101.
Number of justices -- Terms -- Chief justice and associate chief justice -- Selection and functions.
(1) The Supreme Court consists of five justices.
(2)
(a) A justice of the Supreme Court shall be appointed initially to serve until the first general election held more than three years after the effective date of the appointment.
(b) After the first term of appointment under Subsection (2)(a), the term of office of a justice of the Supreme Court is 10 years and commences on the first Monday in January following the date of election.
(c) A justice whose term expires may serve upon request of the Judicial Council until a successor is appointed and qualified.
(3)
(a) The justices of the Supreme Court shall elect a chief justice from among the members of the court by a majority vote of all justices.
(b) The term of the office of chief justice is four years.
(c) The chief justice may serve successive terms.
(d) The chief justice may resign from the office of chief justice without resigning from the Supreme Court.
(e) The chief justice may be removed from the office of chief justice by a majority vote of all justices of the Supreme Court.
(f) The chief justice shall receive the sum of $2,000 per annum as additional compensation for the period served as chief justice.
(4)
(a) If the justices are unable to elect a chief justice within 30 days of a vacancy in that office, the associate chief justice shall act as chief justice until a chief justice is elected under this section.
(b) If the associate chief justice is unable or unwilling to act as chief justice, the most senior justice shall act as chief justice until a chief justice is elected under this section.
(5) In addition to the chief justice's duties as a member of the Supreme Court, the chief justice has duties as provided by law.
(6)
(a) There is created the office of associate chief justice.
(b) The term of office of the associate chief justice is two years.
(c) The associate chief justice shall be:
(i) elected by a majority vote of the members of the Supreme Court; and
(ii) allocated duties as the chief justice determines.
(d) If the chief justice is absent or otherwise unable to serve, the associate chief justice shall serve as chief justice.
(e) The chief justice may delegate responsibilities to the associate chief justice as consistent with law.
(f) The associate chief justice shall receive the sum of $1,000 per annum for the period served as associate chief justice.
Amended by Chapter 276, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 3 - Supreme Court › Section 102 - Supreme Court jurisdiction.

78A-3-102.
Supreme Court jurisdiction.
(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States.
(2) The Supreme Court has original jurisdiction to issue all extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction.
(3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over:
(a) a judgment of the Court of Appeals;
(b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals;
(c) discipline of lawyers;
(d) final orders of the Judicial Conduct Commission;
(e) final orders and decrees in formal adjudicative proceedings originating with:
(i) the Public Service Commission;
(ii) the State Tax Commission;
(iii) the School and Institutional Trust Lands Board of Trustees;
(iv) the Board of Oil, Gas, and Mining;
(v) the state engineer; or
(vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire, and State Lands;
(f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e);
(g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution;
(h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony;
(i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony;
(j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and
(k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
(4) The Supreme Court may transfer to the Court of Appeals any of the matters over which the Supreme Court has original appellate jurisdiction, except:
(a) capital felony convictions or an appeal of an interlocutory order of a court of record involving a charge of a capital felony;
(b) election and voting contests;
(c) reapportionment of election districts;
(d) retention or removal of public officers;
(e) matters involving legislative subpoenas; and
(f) those matters described in Subsections (3)(a) through (d).
(5) The Supreme Court has sole discretion in granting or denying a petition for writ of certiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall review those cases certified to it by the Court of Appeals under Subsection (3)(b).
(6) The Supreme Court shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its review of agency adjudicative proceedings.
Amended by Chapter 344, 2009 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 3 - Supreme Court › Section 103 - Supreme Court -- Rulemaking, judges pro tempore, and practice of law.

78A-3-103.
Supreme Court -- Rulemaking, judges pro tempore, and practice of law.
(1) The Supreme Court shall adopt rules of procedure and evidence for use in the courts of the state and shall by rule manage the appellate process. The Legislature may amend the rules of procedure and evidence adopted by the Supreme Court upon a vote of two-thirds of all members of both houses of the Legislature.
(2) Except as otherwise provided by the Utah Constitution, the Supreme Court by rule may authorize retired justices and judges and judges pro tempore to perform any judicial duties. Judges pro tempore shall be citizens of the United States, Utah residents, and admitted to practice law in Utah.
(3) The Supreme Court shall by rule govern the practice of law, including admission to practice law and the conduct and discipline of persons admitted to the practice of law.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 3 - Supreme Court › Section 104 - Appellate court administrator.

78A-3-104.
Appellate court administrator.
The appellate court administrator shall appoint clerks and support staff as necessary for the operation of the Supreme Court and the Court of Appeals. The duties of the clerks and support staff shall be established by the appellate court administrator, and powers established by rule of the Supreme Court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 101 - Creation -- Seal.

78A-4-101.
Creation -- Seal.
There is created a court known as the Court of Appeals. The Court of Appeals is a court of record and shall have a seal.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 102 - Number of judges -- Terms -- Presiding judge -- Associate presiding judge -- Filing fees.

Effective 5/4/2022
78A-4-102.
Number of judges -- Terms -- Presiding judge -- Associate presiding judge -- Filing fees.
(1)
(a) The Court of Appeals consists of seven judges.
(b) The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment.
(c) After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election.
(d) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.
(2)
(a) The Court of Appeals shall sit and render judgment in panels of three judges.
(b) Assignment to panels shall be by random rotation of all judges of the Court of Appeals.
(c) The Court of Appeals by rule shall provide for the selection of a chair for each panel.
(d) The Court of Appeals may not sit en banc.
(3)
(a) The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges.
(b) The term of office of the presiding judge is two years and until a successor is elected.
(c) A presiding judge of the Court of Appeals may serve in that office no more than two successive terms.
(d) The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge.
(e) The presiding judge of the Court of Appeals shall receive $2,000 per annum of additional compensation for the period served as presiding judge.
(4)
(a) The presiding judge may be removed from the office of presiding judge by majority vote of all judges of the Court of Appeals.
(b) In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:
(i) administer the rotation and scheduling of panels;
(ii) act as liaison with the Supreme Court;
(iii) call and preside over the meetings of the Court of Appeals; and
(iv) carry out duties prescribed by the Supreme Court and the Judicial Council.
(5)
(a) The judges of the Court of Appeals shall elect an associate presiding judge from among the members of the court by majority vote of all judges.
(b) The associate presiding judge of the Court of Appeals shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge.
(6) Filing fees for the Court of Appeals are the same as for the Supreme Court.
Amended by Chapter 276, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 104 - Location of Court of Appeals.

78A-4-104.
Location of Court of Appeals.
The Court of Appeals has its principal location in Salt Lake City. The Court of Appeals may perform any of its functions in any location within the state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 105 - Review of actions by Supreme Court.

78A-4-105.
Review of actions by Supreme Court.
Review of the judgments, orders, and decrees of the Court of Appeals shall be by petition for writ of certiorari to the Supreme Court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 1 - General Provisions › Section 106 - Appellate Mediation Office -- Protected records and information -- Governmental immunity.

78A-4-106.
Appellate Mediation Office -- Protected records and information -- Governmental immunity.
(1) Unless a more restrictive rule of court is adopted pursuant to Subsection 63G-2-201(3)(b), information and records relating to any matter on appeal received or generated by the Chief Appellate Mediator or other staff of the Appellate Mediation Office as a result of any party's participation or lack of participation in the settlement program shall be maintained as protected records pursuant to Subsections 63G-2-305(17), (18), and (33).
(2) In addition to the access restrictions on protected records provided in Section 63G-2-202, the information and records may not be disclosed to judges, staff, or employees of any court of this state.
(3) The Chief Appellate Mediator may disclose statistical and other demographic information as may be necessary and useful to report on the status and to allow supervision and oversight of the Appellate Mediation Office.
(4) When acting as mediators, the Chief Appellate Mediator and other professional staff of the Appellate Mediation Office shall be immune from liability pursuant to Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(5) Pursuant to Utah Constitution, Article VIII, Section 4, the Supreme Court may exercise overall supervision of the Appellate Mediation Office as part of the appellate process.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 4 - Court of Appeals › Part 2 - Juvenile Courts › Section 201 - Appellate review of juvenile courts.

78A-4-201.
Appellate review of juvenile courts.
To uphold the clear and compelling fundamental liberty interests and constitutionally protected rights of parents and the strong public policy in favor of maximizing family unification, appropriate appellate review shall be made available and applied in furtherance of those interests.
Enacted by Chapter 281, 2012 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 101 - State District Court Administrative System -- Definitions.

Effective 5/4/2022
78A-5-101.
State District Court Administrative System -- Definitions.
(1) As used in this chapter:
(a) "Court system" means the State District Court Administrative System.
(b) "Single criminal episode" means the same as that term is defined in Section 76-1-401.
(2)
(a) The district court is a trial court of general jurisdiction.
(b) A district court shall be located in the county seat of each county.
(3)
(a) There is established a State District Court Administrative System.
(b) The Judicial Council shall administer the operation of the court system.
Amended by Chapter 155, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 102 - Jurisdiction of the district court -- Appeals.

Effective 7/1/2022
78A-5-102.
Jurisdiction of the district court -- Appeals.
(1) Except as otherwise provided by the Utah Constitution or by statute, the district court has original jurisdiction in all matters civil and criminal.
(2) A district court judge may issue all extraordinary writs and other writs necessary to carry into effect the district court judge's orders, judgments, and decrees.
(3) The district court has jurisdiction over matters of lawyer discipline consistent with the rules of the Supreme Court.
(4) The district court has jurisdiction over all matters properly filed in the circuit court prior to July 1, 1996.
(5) The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with Section 78A-8-106.
(6) Jurisdiction over appeals from the final orders, judgments, and decrees of the district court is described in Sections 78A-3-102 and 78A-4-103.
(7) The district court has jurisdiction to review:
(a) agency adjudicative proceedings as set forth in Title 63G, Chapter 4, Administrative Procedures Act, and shall comply with the requirements of that chapter in the district court's review of agency adjudicative proceedings; and
(b) municipal administrative proceedings in accordance with Section 10-3-703.7.
(8) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:
(a) there is no justice court with territorial jurisdiction;
(b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has not formed and then dissolved, a justice court; or
(c) the offense is included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor by an individual who is 18 years old or older .
(9) If a district court has jurisdiction in accordance with Subsection (5), (8)(a), or (8)(b), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2) even if the offense is committed by an individual who is 16 or 17 years old.
(10) The district court has subject matter jurisdiction over an action under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the district court.
(11)
(a) The district court has subject matter jurisdiction over a criminal action that the justice court transfers to the district court.
(b) Notwithstanding Subsection 78A-7-106(1), the district court has original jurisdiction over any refiled case of a criminal action transferred to the district court if the district court dismissed the transferred case without prejudice.
Amended by Chapter 155, 2022 General Session
Amended by Chapter 318, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 103 - District court case management.

78A-5-103.
District court case management.
(1) The district court of each district shall develop systems of case management.
(2) The case management systems developed by a district court shall:
(a) ensure judicial accountability for the just and timely disposition of cases; and
(b) provide for each judge a full judicial work load that accommodates differences in the subject matter or complexity of cases assigned to different judges.
(3) A district court may establish divisions within the court for the efficient management of different types of cases. The existence of divisions within the court may not:
(a) affect the jurisdiction of the court nor the validity of court orders; or
(b) impede public access to the courts.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 104 - Terms -- Minimum of once quarterly.

78A-5-104.
Terms -- Minimum of once quarterly.
Each district court shall hold court at the county seat of each county within the district at least once in each quarter of the year.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 105 - Term of judges -- Vacancy.

78A-5-105.
Term of judges -- Vacancy.
(1) Judges of the district courts shall be appointed initially until the first general election held more than three years after the effective date of the appointment. Thereafter, the term of office for judges of the district courts is six years, and commences on the first Monday in January, next following the date of election.
(2) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 106 - Presiding judge -- Associate presiding judge -- Election -- Term -- Compensation -- Powers -- Duties.

Effective 5/4/2022
78A-5-106.
Presiding judge -- Associate presiding judge -- Election -- Term -- Compensation -- Powers -- Duties.
(1) In judicial districts having more than one district court judge, the district court judges shall elect one judge of the district to the office of presiding judge.
(2) In judicial districts having more than two district court judges, the district court judges may elect one judge of the district to the office of associate presiding judge.
(3) The presiding judge shall receive an additional $2,000 per annum as compensation for the period served as presiding judge.
(4) The associate presiding judge shall receive an additional $1,000 per annum as compensation for the period served as associate presiding judge.
(5) The presiding judge has the following authority and responsibilities, consistent with the policies of the Judicial Council:
(a) implementing policies of the Judicial Council; and
(b) exercising powers and performing administrative duties as authorized by the Judicial Council.
(6)
(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.
Amended by Chapter 276, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 107 - Court commissioners -- Qualifications -- Appointment -- Functions governed by rule.

Superseded 7/1/2024
78A-5-107.
Court commissioners -- Qualifications -- Appointment -- Functions governed by rule.
(1)
(a) Court commissioners are quasi-judicial officers of courts of record and have limited judicial authority as provided by this section and rules of the Judicial Council.
(b) Court commissioners serve full-time and are subject to the restrictions of Section 78A-2-221, which prohibits the practice of law.
(2)
(a) The Judicial Council shall appoint court commissioners with the concurrence of a majority of the judges of trial courts in the district the court commissioner primarily serves.
(b) The Judicial Council may assign court commissioners appointed under this section to serve in one or more judicial districts.
(3) A person appointed as a court commissioner shall have the following qualifications:
(a) be 25 years of age or older;
(b) be a citizen of the United States;
(c) be a resident of this state while serving as court commissioner;
(d) be admitted to the practice of law in this state; and
(e) possess ability and experience in the areas of law in which the commissioner will be serving.
(4) A court commissioner shall take and subscribe to the oath of office as required by Article IV, Sec. 10, Utah Constitution, prior to assuming the duties of the office.
(5) Court commissioners shall:
(a) comply with applicable constitutional and statutory provisions, court rules and procedures, and rules of the Judicial Council;
(b) comply with the Code of Judicial Conduct to the same extent as full-time judges; and
(c) successfully complete orientation and education programs as required by the Judicial Council.
(6) The presiding judge of the district the commissioner primarily serves:
(a) shall develop a performance plan for the court commissioner and annually conduct an evaluation of the commissioner's performance, and shall provide the plan and evaluations to the Judicial Council upon request; and
(b) is responsible for the day-to-day supervision of the court commissioner.
(7) The Judicial Council shall:
(a) establish by rule procedures for the investigation and review of complaints and the discipline and removal of court commissioners; and
(b) evaluate court commissioners under the requirements of Subsection 78A-2-104(5).
(8) The Judicial Council shall make uniform statewide rules defining the duties and authority of court commissioners for each level of court they serve. The rules shall not exceed constitutional limitations upon the delegation of judicial authority. The rules shall at a minimum establish:
(a) types of cases and matters commissioners may hear;
(b) types of orders commissioners may recommend;
(c) types of relief commissioners may recommend; and
(d) procedure for timely judicial review of recommendations and orders made by court commissioners.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 107 - Court commissioners -- Qualifications -- Appointment -- Functions governed by rule.

Effective 7/1/2024
78A-5-107.
Court commissioners -- Qualifications -- Appointment -- Functions governed by rule.
(1)
(a) Court commissioners are quasi-judicial officers of courts of record and have limited judicial authority as provided by this section and rules of the Judicial Council.
(b) Court commissioners serve full-time and are subject to the restrictions of Section 78A-2-221, which prohibits the practice of law.
(2)
(a) The Judicial Council shall appoint court commissioners with the concurrence of a majority of the judges of trial courts in the district the court commissioner primarily serves.
(b) The Judicial Council may assign court commissioners appointed under this section to serve in one or more judicial districts.
(3) A person appointed as a court commissioner shall have the following qualifications:
(a) be 25 years old or older;
(b) be a citizen of the United States;
(c) be a resident of this state while serving as court commissioner;
(d) be admitted to the practice of law in this state; and
(e) possess ability and experience in the areas of law in which the commissioner will be serving.
(4) A court commissioner shall take and subscribe to the oath of office as required by Article IV, Sec. 10, Utah Constitution, prior to assuming the duties of the office.
(5) Court commissioners shall:
(a) comply with applicable constitutional and statutory provisions, court rules and procedures, and rules of the Judicial Council;
(b) comply with the Code of Judicial Conduct to the same extent as full-time judges; and
(c) successfully complete orientation and education programs as required by the Judicial Council.
(6) The presiding judge of the district the commissioner primarily serves:
(a) shall develop a performance plan for the court commissioner and annually conduct an evaluation of the commissioner's performance, and shall provide the plan and evaluations to the Judicial Council upon request; and
(b) is responsible for the day-to-day supervision of the court commissioner.
(7) The Judicial Council shall:
(a) establish by rule procedures for the investigation and review of complaints and the discipline and removal of court commissioners; and
(b) evaluate court commissioners under the requirements of Subsection 78A-2-104(6).
(8) The Judicial Council shall make uniform statewide rules defining the duties and authority of court commissioners for each level of court they serve. The rules shall not exceed constitutional limitations upon the delegation of judicial authority. The rules shall at a minimum establish:
(a) types of cases and matters commissioners may hear;
(b) types of orders commissioners may recommend;
(c) types of relief commissioners may recommend; and
(d) procedure for timely judicial review of recommendations and orders made by court commissioners.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 108 - Duties of the clerk of the district court.

78A-5-108.
Duties of the clerk of the district court.
The clerk of the district court shall:
(1) take charge of and safely keep the court seal;
(2) take charge of and safely keep or dispose of all books, papers, and records filed or deposited with the clerk, and all other records required by law or the rules of the Judicial Council;
(3) issue all notices, processes, and summonses as authorized by law;
(4) keep a record of all proceedings, actions, orders, judgments, and decrees of the court;
(5) take and certify acknowledgments and administer oaths;
(6) supervise the deputy clerks as required to perform the duties of the clerk's office; and
(7) perform other duties as required by the presiding judge, the court executive, applicable law, and the rules of the Judicial Council.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 1 - General Provisions › Section 109 - Costs of system.

78A-5-109.
Costs of system.
(1) The cost of salaries, travel, and training required for the discharge of the duties of district court judges, court commissioners, secretaries of judges or court executives, court executives, and court reporters shall be paid from appropriations made by the Legislature.
(2) Except as provided in Subsection (1), the Judicial Council may directly provide for the actual and necessary expenses of operation of the district court, including personnel salary and benefits, travel, training, facilities, security, equipment, furniture, supplies, legal reference materials, and other operating expenses, or may contract with the county in a county seat or with the unit of local government in municipalities other than a county seat for the actual and necessary expenses of the district court. Any necessary contract with the county or unit of local government shall be pursuant to Subsection 78A-5-111(4).
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 2 - Drug Court › Section 201 - Creation and expansion of existing drug court programs -- Definition of drug court program -- Criteria for participation in drug court programs -- Reporting requirements.

Effective 5/3/2023
78A-5-201.
Creation and expansion of existing drug court programs -- Definition of drug court program -- Criteria for participation in drug court programs -- Reporting requirements.
(1) There may be created a drug court program in any judicial district that demonstrates:
(a) the need for a drug court program; and
(b) the existence of a collaborative strategy between the court, prosecutors, defense counsel, corrections, and substance abuse treatment services to reduce substance abuse by offenders.
(2) The collaborative strategy in each drug court program shall:
(a) include monitoring and evaluation components to measure program effectiveness; and
(b) be submitted to, for the purpose of coordinating the disbursement of funding, the:
(i) executive director of the Department of Health and Human Services;
(ii) executive director of the Department of Corrections; and
(iii) state court administrator.
(3)
(a) Funds disbursed to a drug court program shall be allocated as follows:
(i) 87% to the Department of Health and Human Services for testing, treatment, and case management; and
(ii) 13% to the Administrative Office of the Courts for increased judicial and court support costs.
(b) This provision does not apply to federal block grant funds.
(4) A drug court program shall include continuous judicial supervision using a cooperative approach with prosecutors, defense counsel, corrections, substance abuse treatment services, juvenile court probation, and the Division of Child and Family Services as appropriate to promote public safety, protect participants' due process rights, and integrate substance abuse treatment with justice system case processing.
(5) Screening criteria for participation in a drug court program shall include:
(a) a plea to, conviction of, or adjudication for a nonviolent drug offense or drug-related offense;
(b) an agreement to frequent alcohol and other drug testing;
(c) participation in one or more substance abuse treatment programs; and
(d) an agreement to submit to sanctions for noncompliance with drug court program requirements.
(6)
(a) The Judicial Council shall develop rules prescribing eligibility requirements for participation in adult criminal drug courts.
(b) Acceptance of an offender into a drug court shall be based on a risk and needs assessment, without regard to the nature of the offense.
(c) A plea to, conviction of, or adjudication for a felony offense is not required for participation in a drug court program.
Amended by Chapter 330, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 2 - Drug Court › Section 202 - Creation of Drug Board Pilot Project -- Definition of Drug Board Pilot Project -- Criteria for parolee participation in the Drug Board Pilot Project -- Reporting requirements.

78A-5-202.
Creation of Drug Board Pilot Project -- Definition of Drug Board Pilot Project -- Criteria for parolee participation in the Drug Board Pilot Project -- Reporting requirements.
(1) There may be created a Drug Board Pilot Project in Davis and Weber counties that includes intensive substance abuse treatment, frequent drug testing, and other additional conditions of parole, with the expectation that the offender will be required to complete the substance abuse treatment, remain drug free, and meet all other conditions of parole.
(2) Screening criteria for parolee participation in the Drug Board Pilot Project shall:
(a) be determined by the Board of Pardons and Parole and the Department of Corrections; and
(b) include parolees who are facing an eminent return to prison due to substance abuse.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 5 - District Court › Part 3 - Veterans Treatment Court Act › Section 302 - Definitions.

Effective 5/3/2023
78A-5-302.
Definitions.
As used in this part:
(1) "Defendant" means a veteran charged with a criminal offense.
(2) "Domestic violence" means the same as that term is defined in Section 77-36-1.
(3)
(a) "Participant agreement" means the record, required by Subsection 78A-5-304(1), of the policies and procedures of a veterans treatment court and any specific terms and conditions applicable to the defendant.
(b) "Participant agreement" includes a modification under Section 78A-5-310.
(4) "Record," except as otherwise provided in Subsection 78A-5-307(1)(c), means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(5) " Service member" means:
(a) a member of the active or reserve components of the armed forces as defined in Section 68-3-12.5; or
(b) a member of the National Guard of the United States.
(6)
(a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(b) "State" includes a federally recognized Indian tribe.
(7) "Veteran" means a former service member who qualifies for health care benefits from the Veterans Administration.
(8) "Veterans treatment court" means a veterans treatment court program administered under this part by a court of this state.
Amended by Chapter 44, 2023 General Session