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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-3-3 Term of judges - Vacancy.
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. A judge whose term expires
may serve, upon request of the Judicial Council, until a
successor is appointed and qualified.
1988
78-3-4 Jurisdiction - Appeals.
(1) The district court has original jurisdiction in all matters civil and criminal, not excepted in the Utah Constitution and not prohibited by law.
(2) The district court judges may issue all extraordinary writs and other writs necessary to carry into effect their 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 to adjudicate trials de novo of the judgments of the justice court and of the small claims department of the district court.
(6) Appeals from the final orders, judgments, and decrees of the district court are under Sections 78-2-2 and 78-2a-3 .
(7) The district court has jurisdiction to review:
(a) agency adjudicative proceedings as set forth in Title 63, Chapter 46b, Administrative Procedures Act, and shall comply with the requirements of that chapter, in its review of agency adjudicative proceedings; and
(b) municipal administrative proceedings in accordance with Section 10-3-703.7 .
(8) Notwithstanding Subsection (1), the district court has subject matter jurisdiction in class B misdemeanors, class C misdemeanors, infractions, and violations of ordinances only if:
(a) there is no justice court with territorial jurisdiction;
(b) the matter was properly filed in the circuit court prior to July 1, 1996;
(c) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed a justice court; or
(d) they are included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor.
(9) The district court has jurisdiction of actions under
Title 78, Chapter 3h, Child Protective Orders, if the juvenile
court transfers the case to the district court.
2004
78-3-6 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.
1988
78-3-11.5 State District Court Administrative System.
(1) There is established a State District Court Administrative System. The Judicial Council shall administer the operation of the system.
(2) In this chapter, "court system" means the State District Court Administrative System.
(3) The county seat of each county shall be a location
of the district court.
1993
78-3-12.5 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
78-3-13.4
(4).
1997
78-3-13.4 Transfer of court operating responsibilities - Facilities - Staff - Budget.
(1) A county's determination to transfer responsibility for operation of the district court to the state is irrevocable.
(2) (a) Court space suitable for the conduct of judicial business as specified by the Judicial Council shall be provided by the state from appropriations made by the Legislature for these purposes.
(b) The state may, in order to carry out its obligation to provide these facilities, lease space from a county, or reimburse a county for the number of square feet used by the district. Any lease and reimbursement shall be determined in accordance with the standards of the State Building Board applicable to state agencies generally. A county or municipality terminating a lease with the court shall provide written notice to the Judicial Council at least one year prior to the effective date of the termination.
(c) District courts shall be located in municipalities that are sites for the district court or circuit court as of January 1, 1994. Removal of the district court from the municipality shall require prior legislative approval by joint resolution.
(3) The state shall provide legal reference materials for all district judges' chambers and courtrooms, as required by Judicial Council rule. Maintenance of county law libraries shall be in consultation with the court executive of the district court.
(4) (a) At the request of the Judicial Council, the county or municipality shall provide staff for the district court in county seats or municipalities under contract with the administrative office of the courts.
(b) Payment for necessary expenses shall be by a contract entered into annually between the state and the county or municipality, which shall specifically state the agreed costs of personnel, supplies, and services, as well as the method and terms of payment.
(c) Workload measures prepared by the state court administrator and projected costs for the next fiscal year shall be considered in the negotiation of contracts.
(d) Each May 1 preceding the general session of the Legislature,
the county or municipality shall submit a budget request
to the Judicial Council, the governor, and the legislative
fiscal analyst for services to be rendered as part of the
contract under Subsection (b) for the fiscal year immediately
following the legislative session. The Judicial Council shall
consider this information in developing its budget request.
The legislative fiscal analyst shall provide the Legislature
with the county's or municipality's original estimate of
expenses. By June 15 preceding the state's fiscal year, the
county and the state court administrator shall negotiate
a contract to cover expenses in accordance with the appropriation
approved by the Legislature. The contracts may not include
payments for expenses of service of process, indigent defense
costs, or other costs or expenses provided by law as an obligation
of the county or municipality.
1996
78-3-14.2 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;
(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; and
(c) provide that judges of the district court and judges of the court formerly denominated the circuit court who took office prior to July 1, 1991, are entitled to be assigned only cases from the subject matter jurisdiction of their respective courts as that jurisdiction existed on June 30, 1996. If the volume of such cases does not constitute a full work load, other cases shall be assigned.
(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
affect the jurisdiction of the court nor the validity of
court orders. The existence of divisions within the court
may not impede public access to the courts.
1996
78-3-14.5 Allocation of district court fees and forfeitures.
(1) Except as provided in this section, district court fines and forfeitures collected for violation of state statutes shall be paid to the state treasurer.
(2) Fines and forfeitures collected by the court for violation of a state statute or county or municipal ordinance constituting a misdemeanor or an infraction shall be remitted 1/2 to the state treasurer and 1/2 to the treasurer of the state or local governmental entity which prosecutes or which would prosecute the violation.
(3) Fines and forfeitures collected for violations of Title 23, Wildlife Resources Code of Utah, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act, shall be paid to the state treasurer.
(a) For violations of Title 23, the state treasurer shall allocate 85% to the Division of Wildlife Resources and 15% to the General Fund.
(b) For violations of Title 41, Chapter 22, or Title 73, Chapter 18, the state treasurer shall allocate 85% to the Division of Parks and Recreation and 15% to the General Fund.
(4) Fines and forfeitures collected for violation of Section 72-7-404 or 72-7-406 , less fees established by the Judicial Council, shall be paid to the state treasurer for deposit in the B and C road account. Fees established by the Judicial Council shall be deposited in the state General Fund. Money deposited in the class B and C road account is supplemental to the money appropriated under Section 72-2-107 but shall be expended in the same manner as other class B and C road funds.
(5) Until July 1, 2007, fines and forfeitures collected by the court for a violation of Subsection 41-1a-1303 (2) related to registration of vehicles after establishing residency shall be remitted:
(a) 50% to the state or local governmental entity which issued the citation for a violation to be used for law enforcement purposes; and
(b) 50% in accordance with Subsection (2).
(6) Fines and forfeitures collected for any violations not specified in this chapter or otherwise provided for by law shall be paid to the state treasurer.
(7) Fees collected in connection with civil actions filed in the district court shall be paid to the state treasurer.
(8) The court shall remit money collected in accordance
with Title 51, Chapter 7, State Money Management Act.
2004
78-3-17.5 Application of savings accruing to counties.
Savings accruing to counties as a result of the implementation
of the state district court system under this act shall be
applied by counties to adjust the mill levy, or, after a
public hearing, to mitigate the potential need for tax increases
or decreases in services that may arise from the loss of
federal revenue sharing funds.
1988
78-3-18 Judicial Administration Act - Short title.
This act is known and may be cited as the "Judicial Administration
Act."
1988
78-3-19 Purpose of act.
The purpose of this act is to create an administrative
system for all courts of this state, subject to central direction
by the Judicial Council, to enable these courts to provide
uniformity and coordination in the administration of justice.
1986
78-3-20 Definitions.
As used in this act:
(1) "Administrator" means the administrator of the courts appointed under Section 78-3-23 .
(2) "Conference" means the annual statewide judicial conference established by Section 78-3-27 .
(3) "Council" means the Judicial Council established by Article VIII, Sec. 12, Utah Constitution.
(4) "Courts" mean all courts of this state, including
all courts of record and not of record.
1988
78-3-21 Judicial Council - Creation - Members - Terms and election - Responsibilities - Reports.
(1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shall be composed of:
(a) the chief justice of the Supreme Court;
(b) one member elected by the justices of the Supreme Court;
(c) one member elected by the judges of the Court of Appeals;
(d) five members elected by the judges of the district courts;
(e) two members elected by the judges of the juvenile courts;
(f) three members elected by the justice court judges; and
(g) a member or ex officio member of the Board of Commissioners of the Utah State Bar who is an active member of the Bar in good standing elected by the Board of Commissioners.
(2) (a) The chief justice of the Supreme Court shall act as presiding officer of the council and chief administrative officer for the courts. The chief justice shall vote only in the case of a tie.
(b) All members of the council shall serve for three-year terms. If a council member should die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent group shall elect a member to complete the term of office. In courts having more than one member, the members shall be elected to staggered terms. The person elected to the Judicial Council by the Board of Commissioners shall be a member or ex officio member of the Board of Commissioners and an active member of the Bar in good standing at the time the person is elected. The person may complete a three-year term of office on the Judicial Council even though the person ceases to be a member or ex officio member of the Board of Commissioners. The person shall be an active member of the Bar in good standing for the entire term of the Judicial Council.
(c) Elections shall be held under rules made by the Judicial Council.
(3) The council is responsible for the development of uniform administrative policy for the courts throughout the state. The presiding officer of the Judicial Council is responsible for the implementation of the policies developed by the council and for the general management of the courts, with the aid of the administrator. The council has authority and responsibility to:
(a) establish and assure compliance with policies for the operation of the courts, including uniform rules and forms; and
(b) publish and submit to the governor, the chief justice of the Supreme Court, and the Legislature an annual report of the operations of the courts, which shall include financial and statistical data and may include suggestions and recommendations for legislation.
(4) (a) The Judicial Council shall make rules establishing:
(i) standards for judicial competence; and
(ii) a formal program for the evaluation of judicial performance containing the elements of and meeting the requirements of this Subsection (4).
(b) The Judicial Council shall ensure that the formal judicial performance evaluation program has improvement in the performance of individual judges, court commissioners, and the judiciary as its goal.
(c) The Judicial Council shall ensure that the formal judicial performance evaluation program includes at least all of the following elements:
(i) a requirement that judges complete a certain number of hours of approved judicial education each year;
(ii) a requirement that each judge certify that he is:
(A) physically and mentally competent to serve; and
(B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
(iii) a requirement that the judge receive a satisfactory score on questions identified by the Judicial Council as relating to judicial certification on a survey of members of the Bar developed by the Judicial Council in conjunction with the American Bar Association.
(d) The Judicial Council shall ensure that the formal judicial performance evaluation program considers at least the following criteria:
(i) integrity;
(ii) knowledge;
(iii) understanding of the law;
(iv) ability to communicate;
(v) punctuality;
(vi) preparation;
(vii) attentiveness;
(viii) dignity;
(ix) control over proceedings; and
(x) skills as a manager.
(e) (i) The Judicial Council shall provide the judicial performance evaluation information and the disciplinary data required by Subsection 20A-7-702 (2) to the Lieutenant Governor for publication in the voter information pamphlet.
(ii) Not later than August 1 of the year before the expiration of the term of office of a justice court judge, the Judicial Council shall provide the judicial performance evaluation information required by Subsection 20A-7-702 (2) to the appointing authority of a justice court judge.
(5) The council shall establish standards for the operation of the courts of the state including, but not limited to, facilities, court security, support services, and staff levels for judicial and support personnel.
(6) The council shall by rule establish the time and manner for destroying court records, including computer records, and shall establish retention periods for these records.
(7) (a) Consistent with the requirements of judicial office and security policies, the council shall establish procedures to govern the assignment of state vehicles to public officers of the judicial branch.
(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may be assigned for unlimited use, within the state only.
(8) (a) The council shall advise judicial officers and employees concerning ethical issues and shall establish procedures for issuing informal and formal advisory opinions on these issues.
(b) Compliance with an informal opinion is evidence of good faith compliance with the Code of Judicial Conduct.
(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(9) (a) The council shall establish written procedures authorizing the presiding officer of the council to appoint judges of courts of record by special or general assignment to serve temporarily in another level of court in a specific court or generally within that level. The appointment shall be for a specific period and shall be reported to the council.
(b) These procedures shall be developed in accordance with Subsection 78-3-24 (10) regarding temporary appointment of judges.
(10) The Judicial Council may by rule designate municipalities in addition to those designated by statute as a location of a trial court of record. There shall be at least one court clerk's office open during regular court hours in each county. Any trial court of record may hold court in any municipality designated as a location of a court of record. Designations by the Judicial Council may not be made between July 1, 1997, and July 1, 1998.
(11) The Judicial Council shall by rule determine whether the administration of a court shall be the obligation of the administrative office of the courts or whether the administrative office of the courts should contract with local government for court support services.
(12) The Judicial Council may by rule direct that a district court location be administered from another court location within the county.
(13) The Judicial Council shall establish and supervise the Office of Guardian Ad Litem Director, in accordance with the provisions of Sections 78-3a-911 and 78-3a-912 , and assure compliance of the guardian ad litem program with state and federal law, regulation, and policy, and court rules.
(14) The Judicial Council shall establish and maintain, in cooperation with the Office of Recovery Services within the Department of Human Services, the part of the state case registry that contains records of each support order established or modified in the state on or after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654a.
(15) (a) On or before November 1, 2003, the Judicial Council, by rule, shall select one or more districts as pilot districts for purposes of Sections 78-3a-115 , 78-3a-115.1 , and 78-3a-116 .
(b) Prior to the 2005 Annual General Session, the Judicial
Council shall report to the Child Welfare Legislative Oversight
Panel and the Judiciary Interim Committee on the effects
of Chapter 332, Laws of Utah 2003 and recommend whether the
provisions of Chapter 332, Laws of Utah 2003 should be continued,
modified, or repealed.
2003
78-3-21.5 Data bases for judicial boards.
(1) As used in this section, "judicial board" means any judicial branch board, commission, council, committee, working group, task force, study group, advisory group, or other body with a defined limited membership that is created to operate for more than six months by the constitution, by statute, by judicial order, by any justice or judge, by the Judicial Council, or by the state court administrator, a district court administrator, trial court executive, or by any clerk or administrator in the judicial branch of state government.
(2) The Judicial Council shall designate a person from its staff to maintain a computerized data base containing information about all judicial boards.
(3) The person designated to maintain the data base shall ensure that the data base contains:
(a) the name of the judicial board;
(b) the statutory or constitutional authority for the creation of the judicial board;
(c) the court or other judicial entity under whose jurisdiction the judicial board operates or with which the judicial board is affiliated, if any;
(d) the name, address, gender, telephone number, and county of each person currently serving on the judicial board, along with a notation of all vacant or unfilled positions;
(e) the title of the position held by the person who appointed each member of the judicial board;
(f) the length of the term to which each member of the judicial board was appointed and the month and year that each judicial board member's term expires;
(g) the organization, interest group, profession, local government entity, or geographic area that the member of the judicial board represents, if any;
(h) whether or not the judicial board allocates state or federal funds and the amount of those funds allocated during the last fiscal year;
(i) whether the judicial board is a policy board or an advisory board;
(j) whether or not the judicial board has or exercises rulemaking authority; and
(k) any compensation and expense reimbursement that members of the executive board are authorized to receive.
(4) The person designated to maintain the data base shall:
(a) make the information contained in the data base available to the public upon request; and
(b) cooperate with other entities of state government to publish the data or useful summaries of the data.
(5) (a) The person designated to maintain the data bases shall prepare, publish, and distribute an annual report by April 1 of each year that includes, as of March 1 of that year:
(i) the total number of judicial boards;
(ii) the name of each of those judicial boards and the court, council, administrator, executive, or clerk under whose jurisdiction the executive board operates or with which the judicial board is affiliated, if any;
(iii) for each court, council, administrator, executive, or clerk, the total number of judicial boards under the jurisdiction of or affiliated with that court, council, administrator, executive, or clerk;
(iv) the total number of members for each of those judicial boards;
(v) whether each board is a policymaking board or an advisory board and the total number of policy boards and the total number of advisory boards; and
(vi) the compensation, if any, paid to the members of each of those judicial boards.
(b) The person designated to maintain the data bases shall distribute copies of the report to:
(i) the chief justice of the Utah Supreme Court;
(ii) the state court administrator;
(iii) the governor;
(iv) the president of the Utah Senate;
(v) the speaker of the Utah House;
(vi) the Office of Legislative Research and General Counsel; and
(vii) any other persons who request a copy of the annual
report.
1993
78-3-22 Presiding officer - Compensation - Duties.
(1) The chief justice of the Supreme Court shall serve as the presiding officer of the Judicial Council. The presiding officer shall receive as additional compensation the sum of $1,000 per annum or fraction thereof for the period served.
(2) The presiding officer of the Judicial Council shall
supervise the courts to ensure uniform adherence to law and
to the rules and forms adopted by the council and to promote
the proper and efficient functioning of the courts. The presiding
officer of the council may issue orders as necessary to assure
compliance with uniform administrative practices.
1986
78-3-23 Administrator of the courts - Appointment - Qualifications - Salary.
The Supreme Court shall appoint a chief administrative
officer of the council who shall have the title of the administrator
of the courts and shall serve at the pleasure of the council
and/or the Supreme Court. The administrator shall be selected
on the basis of professional ability and experience in the
field of public administration and shall possess an understanding
of court procedures as well as of the nature and significance
of other court services. He shall devote his full time and
attention to the duties of his office, and shall receive
a salary equal to that of a district judge.
1973
78-3-24 Court administrator - Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and within the policies established by the council, the administrator shall:
(1) organize and administer all of the nonjudicial activities of the courts;
(2) assign, supervise, and direct the work of the nonjudicial officers of the courts;
(3) implement the standards, policies, and rules established by the council;
(4) formulate and administer a system of personnel administration, including in-service training programs;
(5) prepare and administer the state judicial budget, fiscal, accounting, and procurement activities for the operation of the courts of record, and assist justices' courts in their budgetary, fiscal, and accounting procedures;
(6) conduct studies of the business of the courts, including the preparation of recommendations and reports relating to them;
(7) develop uniform procedures for the management of court business, including the management of court calendars;
(8) maintain liaison with the governmental and other public and private groups having an interest in the administration of the courts;
(9) establish uniform policy concerning vacations and sick leave for judges and nonjudicial officers of the courts;
(10) establish uniform hours for court sessions throughout the state and may, with the consent of the presiding officer of the Judicial Council, call and appoint justices or judges of courts of record to serve temporarily as Court of Appeals, district court, or juvenile court judges and set reasonable compensation for their services;
(11) when necessary for administrative reasons, change the county for trial of any case if no party to the litigation files timely objections to this change;
(12) organize and administer a program of continuing education for judges and support staff, including training for justice court judges;
(13) provide for an annual meeting for each level of the courts of record, and the annual judicial conference; and
(14) perform other duties as assigned by the presiding
officer of the council.
1997
78-3-24.1 Grants to nonprofit legal assistance organization.
Subject to legislative appropriation, the state court administrator shall, in accordance with Title 63, Chapter 56, Utah Procurement Code, solicit requests for proposals and award grants to nonprofit legal assistance providers to provide legal assistance throughout the state to:
(1) low to moderate income victims of domestic violence; and
(2) low to moderate income individuals in family law matters.
2005
78-3-25 Assistants for administrator of the courts - Appointment of trial court executives.
(1) The administrator of the courts, with the approval of the presiding officer of the council, is responsible for the establishment of positions and salaries of assistants as necessary to enable him to perform the powers and duties vested in him by this chapter, including the positions of appellate court administrator, district court administrator, juvenile court administrator, and justices' court administrator, whose appointments shall be made by the administrator of the courts with the concurrence of the respective boards as established by the council.
(2) The district court administrator, with the concurrence of the presiding judge of a district or the district court judge in single judge districts, may appoint in each district a trial court executive. The trial court executive may appoint, subject to budget limitations, necessary support personnel including clerks, research clerks, secretaries, and other persons required to carry out the work of the court. The trial court executive shall supervise the work of all nonjudicial court staff and serve as administrative officer of the district.
(3) Administrators and assistants appointed under this
section shall be known collectively as the Administrative
Office of the Courts.
1998
78-3-26 Courts to provide information and statistical data to administrator of the courts.
The judges, clerks of the courts, and all other officers,
state and local, shall comply with all requests made by the
administrator or his assistants for information and statistical
data bearing on the state of the dockets of the courts and
such other information as may reflect the business transacted
by them and the expenditure of public moneys for the maintenance
and operation of the judicial system.
1973
78-3-27 Annual judicial conference.
(1) There is established an annual judicial conference for all courts of this state, to facilitate the exchange of ideas among all courts and judges, and to study and improve the administration of the courts.
(2) All elections provided in this act shall be conducted
during the annual judicial conference.
1988
78-3-29 Presiding judge - Associate presiding judge - Election - Term - Compensation - Powers - Duties.
(1) In judicial districts having more than one 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 judges, the district court judges may elect one judge of the district to the office of associate presiding judge.
(3) In districts having five or more full-time judges, court commissioners, referees, or hearing officers, the presiding judge shall receive an additional $1,000 per annum as compensation.
(4) In districts having ten or more full-time judges, court commissioners, referees, or hearing officers, the associate presiding judge shall receive an additional $1,000 per annum as compensation.
(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) When the presiding judge is unavailable, the associate
presiding judge shall assume the responsibilities of the
presiding judge. The associate presiding judge shall perform
other duties assigned by the presiding judge.
1998
78-3-30 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.
1989
78-3-31 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 78-7-2 , 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 78-3-21 (4).
(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.
1995
78-3-32 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 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 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.
2005
78-3-33 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.
2005
