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HomeMy WebLinkAbout11 of 1977 - A resolution supporting and endorsing Senate Bill 22 to create a Circuit Court System to replace the ! Resolution No. 4-1._ By Jennings Phillips, Jr. COMMISSIONER Supporting and endorsing Senate Bill 22 to create a Circuit Court System to replace the existing City Court System. Presented to the Board of Commissioners AND PASSED JAN2 7 1977 ---~ "—car RECORr-- I� II January 27, 1977 Honorable Jennings Phillips. Jr. Commissioner of Public Affairs and Finance 211 City and County Built ng Salt lake City. Utah Dear Commissioner Phillips; The Board of City Commissioners, at its meeting today. passed Resolution No. 11 of 1977, supporting and endorsiog Senate Bill 22 to create a Circuit Court System to replace the existing City Court System. Yours traly. City Recorder (' tb cc) Mayor Wilson Commissioner Agras Commissioner Greener Commissioner Ilogensea City Attorney City Court files • ROLL CALL VOTING Aye Nay Salt Lake City,Utah, January 27 19 77 Mr. Chairman ! / � t Agraz 1 move that the Retion be adopted'. !' `7T7 f i \. Greener �({/ • Hogensen �Cb t � l Phillips RESOLUTION Result // WHEREAS, we believe that a strong judiciary is essential in the preservation and vitality of our government at the local level; and WHEREAS, we support the constitutional concept of separation of powers; and WHEREAS, we believe that the courts of limited jurisdiction in the State of Utah are in need of reform; and WHEREAS, we believe that the proposed Circuit Court legislation as filed may have a financial impact on municipalities greater than they can reasonably be expected to bear. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF SALT LAKE CITY that the Board hereby supports and endorses Senate Bill 22, as introduced before the Utah State Legislature to create a Circuit Court System to replace the existing City Court System; pro- vided that the City's support of such legislation is contingent upon inclusion of the attached amendment within said bill. The City Recorder is hereby directed to deliver a copy of this Resolution, together with suggested amendments to the sponsors of the legislation and to the legislators representing districts within Salt Lake City. Passed by the Board of Commissioners of Salt Lake City, Utah, this 27th day of January, 1977. L. LSON, MAYO ENNING" 4 . 'S JR. , COMMISSI NER G N A. GREE ' R, COMMISSIONER I of 1 A 11A11. ,N J. 410 , COMMISSIONER J S A. AG , COMMI ONER SUGGESTED FLMEUDMENTS TO S.B. 22 (CIRCUIT COURT ACT) S.B. 22. SUBSTITUTE LANGUAGE FOR SUBPAPAGRAPH (1) OF SECTION 78-4-20. BALANCE OF SECTION UNCHANGED. 78-4-20. (1) The costs of judicial salaries and of travel and training expenses required for the purpose of discharging official duties by circuit court judges, costs of judicial libraries, trial court executives, and any secretarial services to circuit judges, shall be paid from appropriations made by the legis- lature for these purposes. Courtrooms and chambers for judges and jury and witness rooms suitable for the conduct of judical business in each circuit shall be provided by the state from appropriations made by the legislature for these purposes. The state may, in order to carry out its obligation to provide such facilities, lease space for courtroom and chambers use from a county or municipality, or in the alternative, reimburse a county or municipality annually for the amount of square feet used by the circuit court for courtrooms and chambers and jury and witness rooms. Lease rentals or reimbursements shall be determined in accordance with standards of the state building board applicable to state agencies generally. The obligation of the state to provide space suitable for the conduct of judicial business for the circuit courts shall commence on the effective date of this act. (2) Trial court executives presently serving the City Courts of Ogden City and Salt Lake City s all. on the effective date of this act become state employees. Comoensat.ion of see,i trial court executives shall be fixed by the Judicial Council t ah01 not be less than the salary they were paid as municipal employees. S.B. 22. SUBSTITUTE LANGUAGE FOR ALL OF SECTION 78-4-21. 78-4-21. (1) City Court facilities which have been established by munici- palities and which are in use on the effective date of this act shall continue in use as primary circuit locations and shall be maintained for this purpose by municipalities until such time as that municipality elects to terminate the use of such city court facilities for judicial purposes. Municipalities so electing shall give written notice to that effect to the judicial council at least one year prior to the effective date of this termination. (2) Former city court administrative and clerical personnel except as other- wise provided shall, on the effective date of this act, continue to perform the same supporting services for the new circuit courts they performed for the city courts. They shall likewise continue as employees of the municipalities consti- tuting primary circuit court locations without loss of tenure or other benefits and shall be subject to the applicable career or merit service rules and regulations of said municipalities. (3) Municipalities having former city courts which become primary circuit court locations under this act shall provide necessary clerical personnel, supplies, and related expenses required to support any additional circuit judges appointed to the circuit in which they are located. (4) Municipalities having former city courts which become primary circuit court locations under this act shall be reimbursed by the state for actual and necessary expenses incurred for any additional employee salaries and fringe benefits required for the municipality to support the increased clerical work- load, if any, generated y the expanded jurisdiction of the circuit court over that of the former city court or to support any additional circuit judges appointed to the circuit in which they are located. Funds for this purpose will be appro- priated to the state court administrator's office which shall provide this reimbursement to eligible municipalities hy July 15th of each year upon receipt of an itemization of expenses from the city auditor. (5) Any municipality not designated as a primary location in this act shall, upon the creation of a municipal department of the circuit court and upon order of the presiding judge in the circuit, or judge in single judge circuits, provide suitable and adequate facilities for the conduct of judicial business in the municipality, including necessary staff personnel, supplies, and other expenses of the municipal department of the circuit court unless such municipality elects to utilize the existing judicial services in cities constitution primary circuit court locations established t.y this act. In such event, the municipality so electing shall monthly pay to such primary circuit court city a sum representing the pro rata costs of handling its ordinances or state violations based upon the percentage its ordinances or state violations bears to the total of all ordinances or state violations handled yL the circuit court during the preceeding month in the county in which the electing municipality is located. ., ., eaill 1'c: LHNGUA�e i'OR S.3 A10,Geach (i) THEE (4) AND (9). BALANCE OF SECTION UNCHANGED. 79-4-22. (1) Except as otherwise arovided in subsection (3) below, 'circuit court fines, fees, and forfeitures remitted or imposed for violations of state statutes, including state motor vehicle laws, shall be paid as to SOa to the state treasurer and the remaining 50% to the county treasurer of the county in which the violation occurred. (2) Circuit court fines, fees, and forfeitures remitted or imposed for violations of county or municipal ordinances shall be paid as to 20o to the state treasurer and the remaining 80% to the county treasurer in the case of county ordinances or to the municipal treasurer of the municipality in which tt. violation occurred for municipal ordinances; except that bail forfeited for violations of county or municipal ordinances shall be retained in its entirety by the county treasurer or municipal treasurer. (3) Circuit court fines and forfeitures imposed or remitted for violations of state motor vehicle laws where an arrest is made or a citation is issued by a county law enforcement officer shall be paid over in the same manner as violations of other state statutes as provided in this section. Circuit court fines and forfeitures imposed or remitted for violations of state motor vehicle laws where an arrest is made or a citation is issued by a municipal law enforcement officer shall be paid over as to 50'% to the state treasurer and the remaining 50% to the municipal treasurer of the municipality in which the violation occurred. (4) Circuit court, fines or forfeitures imposed or remitted for violations of county or municipal ordinances where the county or municipality has by ordinance adopted all or a portion of the state motor vehicle or criminal statute, shall be paid over in the same manner as other violations of county or municipal ordinances as provided in this suction. (5) through (8) same as pres::nt bill. (9) The allocation of fines, fees, and forfeitures established in this „-_tion shall be reviewed and adjusted as appropriate by the 1979 gansral sed lion of the_ legislature. Statistical and financial information for this purpose shall be provided by an interim study committee of the legislature_ ol f' '_,, iri I fotfcittreeh to the; epo,Ihy I;eosurter ci Lit county in oe r , Ice !raca Tra cc, ety shol thr, ssm sact:ion to -chna cottnt, 017 oho shall at the etrt__ of each nontitt apportion air'. the ihroceals accordiirt to this act.. In rruniei- city coorts dasigtiatcd cc primary locations in this oct, clerhi of the Ci cu.!.h. Court shall remit ill I fines, teos, ant for fei IL- city to.tiosurc,-;in the circui . The tiotosarera rec,oiiiir ; the finec, fecti, Etna forfeitures shall epa-' tho SUM collected oder this soot]on to tho c fly ouditore, it shall at the eAld of each month apportion ana remit tho pcocc"ria aCCOfOing to tais act. l'a0dC received as Ito ] forfeit,tres in rmnicipol ordinance violation_ cacca shall tot be forwaided to county teasurcrii but shall too retained by out town treacurers. 111.