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10/14/2003 - Minutes (2) PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14, 2003 The City Council of Salt Lake City, Utah, met in a Work Session on Tuesday, October 14, 2003, at 5:30 p.m. in Room 326, City Council Office, City County Building, 451 South State Street. In Attendance: Council Members Carlton Christensen, Jill Remington Love, Dave Buhler, Dale Lambert, Nancy Saxton, Eric Jergensen and Van Turner. Also in Attendance: Rocky Fluhart, Chief Administrative Officer; Ed Rutan, City Attorney; Cindy Gust-Jenson, Executive Council Director; Gary Mumford, Council Deputy Director/Senior Legislative Auditor; Janice Jardine, Council Planning & Policy Analyst; Russell Weeks, Council Policy Analyst; Michael Sears, Council Budget & Policy Analyst; Alison Weyher, Community and Economic Development Director; Alison McFarlane, Economic Development Manager; Joel Paterson, Special Projects Planner; Tim Harpst, Transportation Director; Laurie Dillon, Budget Analyst; Gwen Springmeyer, Community Affairs Analyst for District 3 & 4; David Oka, Redevelopment Agency Director; Valda Tarbet, Redevelopment Agency Deputy Director; Steve Whittaker, Technology Consultant; Judge Zane Gill, Justice Court Administrative Judge; Mary Johnston, City Courts Director; Dennis McKone, Fire Department Administrative Assistant; Alan Sullivan, Property Reserve Incorporated; Kem Gardner, Boyer Company; and Pam Johnson, Deputy City Recorder. Councilmember Christensen presided at and conducted the meeting. The meeting was called to order at 5:34 p.m. AGENDA ITEMS #1. REPORT OF THE EXECUTIVE DIRECTOR, INCLUDING REVIEW OF COUNCIL INFORMATION AND ANNOUNCEMENTS. Cindy Gust-Jenson said Election Coordinator Sonya Skyles would provide Council with a written report of the canvass for the October 7, 2003 Salt Lake City Primary Election. She said Ms. Skyles would be in attendance at the meeting should Council have questions. Councilmember Christensen said Mayor Anderson would be voting along with Council to accept the official canvass and election results. (UNFINISHED BUSINESS ITEM NO. F-1) Ms. Gust-Jenson said a large number of attendees were expected for the meeting. She said they came to hear Council's decision on Gateway. She said in the interest of time, Council might allow only those that had not spoken on this issue before to speak tonight during the public comment portion of the meeting. She said most had addressed Council on this issue at the City Council meeting the prior week. (UNFINISHED BUSINESS ITEM NO. F-3) #2. INTERVIEW FRANK ALGARIN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD. Mr. Algarin said he wanted to contribute to his community. He said he had been involved with the rapid growth of transportation when he lived in California. Councilmember Love said she wanted the Board to work on traffic calming issues. #3. INTERVIEW JAMES JENKIN PRIOR TO CONSIDERATION OF HIS APPOINTMENT TO THE TRANSPORTATION ADVISORY BOARD. Mr. Jenkin said he was the Traffic Chair of the Greater Avenues Community Council. He said Avenue residents had been working on traffic calming issues for years. He said his experience would be a benefit Citywide. 03 - 1 PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH TUESDAY, OCTOBER 14 , 2003 #4. HOLD A DISCUSSION REGARDING A REQUEST FROM GATEWAY ASSOCIATES TO ALLOW DEPARTMENT STORES IN THE GATEWAY. View Attachment Valda Tarbet, Joel Paterson and Russell Weeks briefed the Council from the handout. Ms. Gust-Jenson reviewed the handout with Council. She reviewed potential motion options prepared by Council staff and the inclusive intent of each motion. A discussion was held on the potential motions before Council and legislative intent language. Ms. Tarbet briefed the Council on potential motion options prepared by the Redevelopment Agency. A discussion was held on the potential motions before Council and legislative intent language. Mr. Paterson briefed the Council on the Planning Division' s review of the Gateway Mixed-Use District and the definition of department stores. #5. RECEIVE A BRIEFING REGARDING THE RE-CERTIFICATION OF THE JUSTICE COURT OF SALT LAKE CITY. View Attachment Judge Gill, Mary Johnston and Gary Mumford briefed the Council from the handout. Mr. Mumford said the State Judicial Council required courts to recertify every four years. He said the proposed resolution established the City's compliance in meeting all requirements for operation of the court. Councilmember Turner asked if revenue taken in by the court remained consistent year round. Judge Gill said although fewer traffic tickets were issued during summer months, revenues were increasing. Councilmember Saxton asked if the new computer system requested by the Justice Court had been purchased. She asked if it provided necessary additional information as anticipated. Judge Gill said the new computer system had been a source of frustration. He said it was a very complex program. He said customer support from the software company had been unsatisfactory. He said he had recently met with their representatives to establish a better line of support. Councilmember Christensen asked how well the City's Justice Court worked with the State Court. Judge Gill said the creation of the justice court was a large paradigm shift for the State. He said initially they were hesitant in releasing their authority. He said now both the City and State favored the division. The meeting adjourned at 6:35 p.m. pj 03 - 2 I 4111 SALT LAKE CITY COUNCIL STAFF REPORT DATE: October 10,2003 SUBJECT: JUSTICE COURT RECERTIFICATION AFFECTED COUNCIL DISTRICTS: Citywide STAFF REPORT BY: Gary Mumford ADMINISTRATIVE DEPT. Management Services AND CONTACT PERSON: Zane Gill,presiding judge KEY ELEMENTS: The State Judicial Council recertifies justice courts once every four years. All recertification for justice courts in Utah take place within the same year. The State Administrative Office of the Courts notified the City that a recertification application is due by October 24,2003. As part of the recertification process,the City Attorney's Office is to provide the City Council with an opinion outlining the requirements and minimum standards for operating the court. The proposed resolution affirms that the City is willing • to meet all requirements for operation of the court. The certification affidavit from the City is required to include a statement that the presiding judge has"met with the City Council to review the budget of the court,review compliance with the minimum requirements and operational standards, and discussed other items of common concern." To ensure that there can be no question of compliance relating to this requirement,Judge Zane Gill is requesting that this discussion be included in the briefing on the recertification. MATTERS AT ISSUE AND QUESTIONS FOR THE ADMINISTRATION: The recertification applications must include the follow four items: 1. Certification affidavit that the court meets the minimum requirements established by the Judicial Council (attached) 2. Written opinion from a City attorney advising the City Council of all requirements for the operation of the justice court and the feasibility of maintaining the court (attached) 3. Copy of duly passed resolution requesting recertification and affirming that the City is willing to meet the requirements of the Judicial Council (proposed resolution attached) 4. Copy of court security plan,if there are changes (revised security plan will be . submitted to reflect the name change in the company that provides bailiffs and constables;copy available in the Council Office) MINIMUM REQUIREMENTS - Salt Lake City's justice court is classified as a Class I court since average monthly filings exceed 500 cases. The minimum requirements for Class I • courts pertain to the following: • physical facilities -dedicated courtroom with juror deliberation room,judge's chambers, clerk office • judges- at least one full-time judge with fixed compensation • clerical resources - at least three clerks • prosecutorial resources-to screen cases and represent the municipality at trail • funding for indigent defense • security-procedures,technology, architectural features, bailiffs, constables • legal reference material-Motor Vehicle Laws of the State of Utah, Utah Code, Justice Court Manual, Code of Judicial Administration,'City Code, Uniform Bail Schedule, etc. • jury &witness fees • educational requirements-training is conducted by the Judicial Council for judges and clerical personnel • reporting requirements -electronic reports to the Drivers License Division and the Bureau of Criminal Identification;timely payments of state surcharges or other state fees The City Council may wish to ask representatives of the Court for additional explanations regarding some of the minimum requirements or other matters such as coordination with prosecutors. REQUIRED COMMUNICATIONS WITH CITY COUNCIL-The Judicial Council requires certain 1111 discussions between the Justice Court and the City Council relating to the court budget compliance with operational standards, and other items of common concern. Attached is an April 30, 2003 report from the Administration on justice court revenue compared to projections that was previously provided to the Council. This report is provided again for the City Council's reference relating to the budget. The report,which was issued after 10 months of court operations, stated that the net revenue for fiscal year 2003, after adjusting for revenue that would have been received had the Justice Court not been established,was expected to be about$263,0000. The City Council may wish to ask representatives of the Court for a current update on revenue and expenditures compared to adopted budgets. Any other questions that Council Members may have regarding operational standards or other items can be discussed at the briefing with Court representatives. RECERTIFICATION PROCESS - Upon submission of the recertification application,the Justice Court Standards Committee will conduct an independent investigation and notify the City whether it is in favor or against certification. If the Committee recommends against certification,the City can present additional information to the Committee or request a waiver or extension from the Judicial Council. The Judicial Council has the option of granting a waiver or extension of time for any requirement that is not specifically required by statute. The State Legislature has provided that any justice court that meets the minimum requirements is entitled to be recertified. The certification will be valid for both • criminal and small claims cases for four years. w OPTIONS: • 1. Advance the resolution to a future Council Meeting for consideration. (The application is due to the Judicial Council on October 24, 2003.) 2. Request additional written information. • 3. Include Council discussions with the presiding judge during the Council's annual review of the budget for the Department of Management Services so that the Judicial Council's standard regarding discussions between the Court and the City Council are held on a routine basis. cc: Rocky Fluhart,Judge Zane Gill,Mary Johnston,Steve Fawcett,JD Baxter • • SALE' rt\ CITY CORPORA 'IOI - -_-_- ROSS C. "ROCKY" ANDERSON • SALT LAKE CITY JUSTICE COURT MAYOR COUNCIL TRANSMITTAL TO: Rocky J. Fluhart DATE:October 2, 2003 Chief Administrative Officer FROM: Judge L. Zane Gill Presiding Judge Mary N. Johnston City Court Director SUBJECT: Justice Court Recertification STAFF CONTACT: Judge L. Zane Gill, Presiding Judge, Salt Lake City Justice Court, Telephone: 535-6437; Mary Johnston, City Courts Director, Telephone: 535-7173 DOCUMENT TYPE: Resolution RECOMMENDATION: Approve the resolution • BUDGET IMPACT: None, except continued funding of the City's Justice Court. BACKGROUND/DISCUSSION: The Salt Lake City Justice Court began operating on July 1, 2002, having been certified by the Utah Judicial Council. By state statute, all justice courts must be recertified by the Utah Judicial Council in order to continue operations. Salt Lake City has received notification from the Administrative Office of the Courts that recertification of the City's justice court is now required in order to continue its operations. The completed application packet for recertification is due at the Administrative Office of the Courts by October 24,2003. That packet must include the following: 1. Court Certification Affidavit completed and signed by the justice court judge. 2. A copy of a written opinion from the city attorney, directed to the city council, advising the council of all requirements for the operation of the justice court and the feasibility of maintaining the court. 3. A copy of a duly passed resolution of the city council that a. requests recertification of the court, and b. affirms that the entity is willing to meet all requirements for the operation of the court during the period of certification. 4. A copy of the City's court security plan, as required by C.J.A. Rule 3-414, unless it has not changed since last submitted. • A copy of the Court Certification Affidavit, completed and executed by Judge L. Zane Gill, Presiding Judge of the Salt Lake City Justice Court, is attached hereto as 333 SOUTH 200 EAST, SALT LAKE CITY, UTAH 84111-2801 TELEPHONE: 801-535-6321 FAX: 801-535-6302 aeeveeo PnPca Exhibit D to the written opinion of Larry V. Spendlove, Senior Salt Lake City Attorney, also attached. A court security plan will not be filed, since a security plan has previously • been filed with the Judicial Council in conformity with C.J.A. Rule 3-414, and the security plan has not changed since last submitted. Part of the Court recertification process is for the Presiding Judge to meet annually with the governing body to go over budget, compliance and operational standards. Attached you will also find a memo from Laurie Dillon to Rocky Fluhart, with information pertaining to budget and projections along with the court certification affidavit showing compliance with operational standards. PUBLIC PROCESS: The attached resolution is being submitted to meet legal requirements. No process other than city council action on the resolution is applicable. G:\SL4801\Letters\City Council Transmittal of Resolution re Justice Court Recertification 9-30-03 draft#2 • • skff Oft P WE VOW ROSS C."ROCKY"ANDERSON LARRY V.SPENDLOVE LAW DEPARTMENT MAYOR SENIOR CITY ATTORNEY STEVEN W.ALLRED ACTING CITY ATTORNEY OPINION TO: Salt Lake City Council FROM: Larry V. Spendlove, Senior Assistant Salt Lake City Attorney 4A9 DATE: September 29, 2003 RE: Recertification of Salt Lake City Justice Court You have requested that the Office of the City Attorney provide to the City Council a written opinion regarding all requirements for the operation of a Salt Lake City Class I Municipal Justice Court and regarding the feasibility of maintaining such a justice court. We understand that your request for this written opinion is made pursuant to the requirements of the Justice Court Standards for Recertification—adopted April 1, 2003 by the Utah Judicial Council. Set forth below are references to all the requirements for the operation of a Salt Lake City Class I Municipal Justice Court. We have not listed every requirement in detail in the main opinion,but have attached, for your review and examination,the applicable statutory and Judicial Council standards. Constitutional Authority 1. Article VIII, Section 1, of the Utah Constitution and Sections 78-5-101, Utah Code Annotated, 1953, et seq., as amended, (UCA)provide for the existence of municipal justice courts. Article VIII, Section 1 reads as follows: Article VIII Judicial Department Section 1. [Judicial powers - Courts.] The judicial power of the state shall be vested in a supreme court, in a trial court of general jurisdiction known as the district court, and in such other courts as the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record. Courts not of record shall also be established by statute. (emphasis added) • 451 SOUTH STATE STREET,ROOM 505,SALT LAKE CITY,UT 84111 TELEPHONE: 801-535-7188 FAX: 801-535-7640 .1 ✓RECYCLED PAPER • Statutory Authority 2. Pursuant to the directive in Article VIII, Section 1, for the establishment of "courts not of record,"the legislature has enacted Title 78, Chapter 5, UCA, providing for the creation and operation of justice courts. A copy of Chapter 5, Title 78, UCA, is attached hereto for your reference and marked as "Exhibit A." Section 78-5-104 gives to justice courts jurisdiction over small claims cases under Title 78, Chapter 6, UCA, if the defendant resides in or the debt arose within the territorial jurisdiction of the justice court. Because of the pertinence of this small claims jurisdiction, we are attaching a copy of Title 78, Chapter 6, for your reference, marked as "Exhibit B." Section 78-5-139, UCA, as amended, gives to the Utah Judicial Council the responsibility for promulgating and publishing minimum requirements for both the creation of new courts and the certification of existing courts. • Judicial Council Standards 3. Under the authority, inter alia, of Sections 78-5-101.5 and 78-5-139, the Judicial Council has adopted its Justice Court Standards for Recertification—August 2003, which includes Instructions to Applicant for Recertification, Operational Standards, • and a form entitled Court Certification Affidavit. A copy of the said Justice Court Standards for Recertification—August 2003 is attached hereto for your reference and marked as "Exhibit C." a. The Instructions to Applicant for Recertification issued by the Judicial Council specify that as part of the application process, each entity should carefully review all requirements for the operation of Justice Courts. In order to aid governing bodies in obtaining the necessary information regarding the continuing obligations of an entity with respect to the operations of the Court, the governing body of each entity must request a written opinion from its attorney advising the entity of all requirements for the operation of a Justice Court and of the feasibility of maintaining a Justice Court. This opinion is being provided in compliance with that requirement. b. The Operational Standards portion of the Justice Court Standards for Recertification of New Courts—August 2003 sets forth the minimum requirements for the operation of a Justice Court,reflecting both statutory requirements and standards which have been adopted by the Judicial Council pursuant to statute. The justice courts are classified into four classes,based upon case filings. The case filing information is expressed in terms of filings per month, but courts will be classified on the basis of average monthly filings over a period of at least one year. The classification of a Court is determined at creation and is subject to review and possible reclassification whenever the Court is recertified. The standards include a caution that the minimum requirements may • not be sufficient for a particular situation, and that in order to adequately function as a Class I Court it may be necessary to exceed the minimum requirements. 2 • • c. Prior to submission of its application, the City Council must pass a resolution requesting recertification. The resolution must affirm that the entity is willing to meet all requirements for the operation of the Court during the period of certification. A copy of the attorney's opinion and the resolution must accompany the application. A representative of the City may appear before the Justice Court Standards Committee to present the application and may present any additional information that the applicant desires to present to the Justice Court Standards Committee. In the event that additional information is deemed necessary, the Committee may request such additional information from the City. Certification will certify the court to process all cases that come within the court's jurisdiction, including both criminal and small claims cases pursuant to Section 78-5-104. d. We refer the City Council to the detailed statutory requirements and the minimum requirements promulgated by the Judicial Council for recertification of justice courts which are set forth at Exhibit C of this opinion, including Section I, the mandatory requirements established by statute, listed at pages 38 - 39, and Section II, the minimum requirements established by the Judicial Council, shown at pages 40- 43. Legal Opinion and Feasibility of Proposal 4. We have reviewed the Court Certification Affidavit of Judge L. Zane Gill, Presiding Judge of the Salt Lake City Justice Court, dated September 17, 2003, a copy of • which is attached hereto as "Exhibit D." We are generally familiar with the creation and the operation of the City's justice court during the past several years, including, (1)the court's location and physical facilities, (2)the judges who have been appointed and are serving, (3)the clerical resources that have been made available, (4)prosecutorial resources, (5) funding for indigent defense that has been provided, as appropriate (6)the law enforcement, bailiff and other security requirements that have been met, (6) library requirements that have been accomplished, (7)jury and witness fees that have been provided, (8) educational requirements that have been met, and (9)the reporting requirements that, to the best of our knowledge, have been performed. While we have no personal knowledge of the accuracy of all of the representations made in Judge Gill's affidavit, we have no reason to disbelieve those representations, and they appear to us to be accurate. It is the opinion of this office,based upon Judge Gill's affidavit, upon our familiarity with the creation and operation of the City's justice court since its inception on July 1, 2002, and upon our awareness of the ability and willingness of Salt Lake City Corporation to provide the funding and resources needed to create and to support the continued operation of the justice court during this period that it is feasible for the City to maintain the Salt Lake City Justice Court for the foreseeable future. Please let us know if we may be of further assistance. • G:\SL4801\Opinions\Opinion for City Council re Recertification of the Salt Lake City Justice 9-30-03 clean 3 f • RESOLUTION NO. OF 2003 REQUESTING THE RECERTIFICATION OF THE JUSTICE COURT OF SALT LAKE CITY WHEREAS, the provisions of U.C.A. 78-5-139(3) require that Justice Courts periodically be recertified by the Utah Judicial Council; and WHEREAS, Salt Lake City Corporation has received notification from the Administrative Office of the Courts that in order for the Salt Lake City Justice Court to be recertified, an application must be returned to that office by October 24, 2003; and WHEREAS, the members of the Salt Lake City Council have received an opinion letter from Senior City Attorney Larry V. Spendlove which sets forth the • requirements for the operation of a Justice Court and feasibility of continuing to maintain the same; and WHEREAS, the members of the Salt Lake City Council have determined that it is to the best interests of Salt Lake City to continue to provide for a Justice Court; NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah that: (1) The City Council of Salt Lake City, Utah hereby requests recertification of the Justice Court of Salt Lake City by the Justice Courts Standards Committee and the Utah Judicial Council; and • • (2) The City Council of Salt Lake City, Utah hereby affirm its willingness to continue to meet all requirements set forth by the Judicial Council for continued operation of the Justice Court of Salt Lake City for the next four- year term of court, except as to any requirements waived by the Utah Judicial Council. Passed by the City Council of Salt Lake City, Utah, this day of October, 2003. SALT LAKE CITY COUNCIL By CHAIR ATTEST: Approved as to form: Salt Lake City Attorney's Office By: CHIEF DEPUTY CITY RECORDER Seni Attorney Date: a/1.4).-604 9 c.20(13 G:\ResolutMustice court Recertification Resolution 9-30-03 clean ID 2 EXHIBIT A • • Title 78 Chapter 05 --Justice Courts 78-5-101 Creation of justice court -- Not of record. 78-5-101. Creation of justice court-- Not of record. Under Article VIII, Section 1,Utah Constitution, there is created a court not of record known as the justice court. The judges of this court are justice court judges. Amended by Chapter 21, 1999 General Session 78-5-101.5 Creation of Justice Courts -- Classes of Justice Courts. 78-5-101.5. Creation of Justice Courts-- Classes of Justice Courts. •, (1) (a) For the purposes of this section, to "create a justice court" means to: (i) establish a justice court; or (ii) establish a justice court under Title 11, Chapter 13, Interlocal Cooperation Act. (b) A municipality or county that has created a justice court may change the form of its court to another listed in Subsection(1)(a)without being considered to have created a court. (2) Justice courts shall be divided into the following classes: (a) Class I: 501 or more citations or cases filed per month; (b) Class II: 201-500 citations or cases filed per month; (c) Class III: 61-200 citations or cases filed per month; and (d) Class IV: 60 or fewer citations or cases filed per month. (3) Municipalities or counties can elect to create a Class I or Class II justice court by filing a written declaration with the Judicial Council on or before July 1 at least two years prior to the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the court pursuant to Section 78-5-139. (4) (a) Except as provided in Subsection(5),municipalities or counties can elect to create a Class III or Class IV justice court by establishing the need for the court and filing a written declaration with the Judicial Council on or before July 1 at least one year prior to the effective date of the election. (b) In evaluating the need for the creation of a Class III or Class IV justice court, • the Judicial Council shall consider factors of population, case filings, public convenience, 4 availability of law enforcement agencies and court support services,proximity to other • courts, and any special circumstances. (c) The Judicial Council shall determine whether the municipality or county seeking to create a Class III or Class IV justice court has established the need for the court. (d) Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the court pursuant to Section 78-5-139. (5) (a) The following municipalities may create a justice court by filing a written declaration with the Judicial Council: American Fork, Bountiful, Brigham City, Cedar City, Clearfield, Elk Ridge, Kaysville, Layton, Logan, Moab, Murray, Ogden, Orem, Park City, Price, Provo, Richfield, Roosevelt, Roy, Salem, Salt Lake City, Sandy, Spanish Fork, St. George, Taylorsville, Tooele, Vernal, and West Valley City. (b) To form a Class I or Class II justice court, the municipalities listed in Subsection(5)(a) shall file a written declaration with the Judicial Council on or before July 1 at least two years prior to the effective date of the election. (c) To form a Class III or Class IV justice court, the municipalities listed in Subsection(5)(a) shall file a written declaration with the Judicial Council on or before July 1 at least one year prior to the effective date of the election. (d) Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the court pursuant to Section 78-5-139. (6) Upon request from a municipality or county seeking to create a justice court, • the Judicial Council may shorten the time required between the city's or county's written declaration or election to create a justice court and the effective date of the election. (7) The Judicial Council may by rule provide resources and procedures adequate for the timely disposition of all matters brought before the courts. The administrative office of the courts and local governments shall cooperate in allocating resources to operate the courts in the most efficient and effective manner based on the allocation of responsibility between courts of record and not of record. Amended by Chapter 166, 1999 General Session 78-5-102 Offices of justice court judges. 78-5-102. Offices of justice court judges. (1) Justice court judges holding office in: (a) county precincts are county justice court judges; and (b) cities or towns are municipal justice court judges. (2) With the concurrence of the governing bodies of both the county and municipality, a justice court judge may hold both the offices of county and municipal justice court judge. • (3) The county legislative body may establish a single precinct or divide the county into multiple precincts to create county justice courts for public convenience. 5 (4) (a) The governing body may assign as many justice court judges to a court as • required for efficient judicial administration. (b) If more than one judge is assigned to a court, any citations, informations, or complaints within that court shall be assigned to the judges at random. (5) A municipality or county may contract with any other municipality or municipalities within the county under Title 11, Chapter 13, Interlocal Cooperation Act, to establish a justice court. A justice court established under Title 11, Chapter 13, shall meet the requirements for certification under Section 78-5-139. A justice court established under Title 11, Chapter 13, shall have territorial jurisdiction as if established separately. Amended by Chapter 21, 1999 General Session 78-5-103 Territorial jurisdiction --Voting. 78-5-103. Territorial jurisdiction --Voting. (1) The territorial jurisdiction of county justice courts extends to the limits of the precinct for which the justice court is created and includes all cities or towns within the precinct, except cities where a municipal justice court exists. (2) The territorial jurisdiction of municipal justice courts extends to the corporate limits of the municipality in which the justice court is created. S (3) The territorial jurisdiction of county and municipal justice courts functioning as magistrates extends beyond the boundaries in Subsections (1) and (2): (a) as set forth in Section 78-7-17.5; and (b) to the extent necessary to carry out magisterial functions under Subsection 77- 7-23(2) regarding jailed persons. (4) For election of county justice court judges, all registered voters in the county justice court precinct may vote at the judge's retention election. Amended by Chapter 21, 1999 General Session 78-5-104 Jurisdiction. 78-5-104. Jurisdiction. (1) Justice courts have jurisdiction over class B and C misdemeanors, violation of ordinances, and infractions committed within their territorial jurisdiction, except those offenses over which the juvenile court has exclusive jurisdiction. (2) Justice courts have jurisdiction of small claims cases under Title 78, Chapter 6, Small Claims Courts, if the defendant resides in or the debt arose within the territorial jurisdiction of the justice court. Amended by Chapter 215, 1997 General Session • • 78-5-105 Jurisdiction of justice court and juvenile court. 78-5-105. Jurisdiction of justice court and juvenile court. (1) Justice courts have jurisdiction over traffic misdemeanors and infractions committed by persons 16 or 17 years of age and that occur within the territorial jurisdiction of the court, except those offenses exclusive to the juvenile court under Section 78-3a-104. (2) If the traffic offense involves the conviction of a person 16 years of age or older but younger than 18 years of age for an offense under Section 78-3a-506, the justice court judge shall notify the juvenile court of the conviction. (3) The justice court has authority to take the juvenile's driver license and return it to the Driver License Division, Department of Public Safety, for suspension under Section 53-3-221. (4) Justice court judges may transfer matters within the court's jurisdiction under this section to the juvenile court for postjudgment proceedings according to rules of the Judicial Council. Amended by Chapter 365, 1997 General Session • 78-5-106 Justice court judge authority. 78-5-106. Justice court judge authority. Justice court judges: (1) have the same authority regarding matters within their jurisdiction as judges of courts of record; (2) may issue search warrants and warrants of arrest upon a finding of probable cause; and (3) may conduct proceedings to determine: (a) probable cause for any case within their jurisdiction; and (b) an accused person's release on bail or his own recognizance. Enacted by Chapter 157, 1989 General Session 78-5-106.5 Justice court judge administrative responsibilities. 78-5-106.5. Justice court judge administrative responsibilities. (1) Justice court judges shall comply with and ensure that court personnel comply • with applicable county or municipal rules and regulations related to personnel, budgets, and other administrative functions. 7 • (2) Failure by the judge to comply with applicable administrative county or • municipal rules and regulations may be referred, by the county executive or municipal legislative body, to the state Justice Court Administrator. (3) Compliance with appropriate administrative requirements shall be considered as part of the Judicial Council's judicial performance evaluation program for justice court judges. (4) Repeated or willful noncompliance may be referred, by the county executive or municipal legislative body, to the Judicial Conduct Commission. Enacted by Chapter 51,2003 General Session 78-5-107 Place of holding court. 78-5-107. Place of holding court. (1) (a) County justice court judges may hold court in any municipality within the precinct but may exercise only the jurisdiction provided by law for county justice courts. (b) County justice court judges may also, at the direction of the county legislative body, hold court anywhere in the county as needed but may only hear cases arising within the precinct. (2) A municipal justice court judge shall hold court in the municipality where the • court is located and, as directed by the municipal governing body, at the county jail or municipal prison. Amended by Chapter 227, 1993 General Session Amended by Chapter 5, 1993 General Session 78-5-108 Trial facilities -- Hours of business. 78-5-108. Trial facilities -- Hours of business. (1) A justice court judge shall conduct all official court business in a courtroom or office located in a public facility which is conducive and appropriate to the administration of justice. (2) Each county, city, or town shall provide adequate courtroom and auxiliary space for the justice court. The facility need not be specifically constructed for or allocated solely for the justice court if existing facilities adequately serve the purposes of the justice court. (3) County and municipal justice courts shall be open and judicial business shall be transacted every day except as provided by law including the provisions of Section 78- 3-24 regarding court administration. The hours the courts are open shall be posted • conspicuously at the courts and in local public buildings. The judges of county and municipal courts shall attend the court at regularly scheduled times. The clerk of the 8 court shall attend the court at regularly scheduled times. • Enacted by Chapter 157, 1989 General Session 78-5-109 Laws, ordinances, and reference materials provided by counties, cities, and towns. 78-5-109. Laws, ordinances, and reference materials provided by counties, cities, and towns. Each county, city, or town shall provide and keep current for each justice court in its jurisdiction a copy of the motor vehicle laws of Utah, appropriate copies of the Utah code, the justice court manual published by the state court administrator, state laws affecting local government, the county, city, or town ordinances, and other legal reference materials as determined to be necessary by the judge. Enacted by Chapter 157, 1989 General Session 78-5-110 Compensation and expenses -- Clerical personnel. • 78-5-110. Compensation and expenses -- Clerical personnel. (1) The county, city, or town creating or maintaining a justice court shall provide and compensate clerical personnel to conduct the business of the court. (2) The selection, supervision, and discipline of court clerical personnel shall be in accordance with local government personnel policies. (3) Clerical personnel are governed by Title 52, Chapter 3, regarding employment of relatives. (4) The county, city, or town assumes the cost of travel and training expenses of clerical personnel at training sessions conducted by the Judicial Council. Enacted by Chapter 157, 1989 General Session;Amended 2003. 78-5-111 Justice court staff to be provided. 78-5-111. Justice court staff to be provided. (1) Each county, city, or town creating and maintaining a justice court shall provide: (a) sufficient staff public prosecutors to attend the court and perform the duties of prosecution before the justice court; • (b) adequate funding for the costs of defense for persons charged with a public 9 offense who are determined by the court to be indigent under Title 77, Chapter 32; and . (c) sufficient local peace officers to attend the justice court when required and provide security for the court. (2) The county attorney or district attorney may appoint city prosecutors as deputies to prosecute state offenses in municipal justice courts. Amended by Chapter 282, 1998 General Session 78-5-113 Process to any part of the state -- Service. 78-5-113. Process to any part of the state-- Service. (1) Process from a justice court may be issued to any place in the state. (2) Subpoenas in any action or proceeding of a justice court may be issued to any place in the state. (3) All warrants issued by a justice court for violation of any state law or local ordinance within a court's jurisdiction are directed to the sheriff, any constable of the county, or to the marshal or city police of the town or city. Enacted by Chapter 157, 1989 General Session • 78-5-116 Disposition of fines. 78-5-116. Disposition of fines. (1) Except as otherwise specified by this section, fines and forfeitures collected by a justice court shall be remitted, one-half to the treasurer of the local government responsible for the court and one-half to the treasurer of the local government which prosecutes or which would prosecute the violation. (2) (a) For violation of Title 23, the court shall allocate 85%to the Division of Wildlife Resources and 15%to the general fund of the city or county government responsible for the justice court. (b) For violation of Title 73, Chapter 18, the court shall allocate 85%to the Division of Parks and Recreation and 15%to the general fund of the city or county government responsible for the justice court. (3) The surcharge established by Section 63-63a-1 shall be paid to the state treasurer. (4) Fines, fees, court costs, and forfeitures collected by a municipal or county justice court for a violation of Section 72-7-404 or 72-7-406 regarding maximum weight limitations and overweight permits, minus court costs not to exceed the schedule adopted by the Judicial Council, shall be paid to the state treasurer and distributed to the class B and C road account. (5) Revenue deposited in the class B and C road account pursuant to Subsection 10 (4) 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. Amended by Chapter 270, 1998 General Session • 78-5-117 Filing and docketing of abstract. 78-5-117. Filing and docketing of abstract. (1) The judge, on the demand of a party in whose favor judgment is rendered, shall provide the party with an abstract of the judgment in substantially the form approved by the Judicial Council. (2) The abstract may be filed in the office of the clerk of the district court of any county in the state but shall be docketed in the judgment docket of that district court. (3) The clerk shall note the time of receipt of the abstract on the abstract and on the docket. Enacted by Chapter 157, 1989 General Session 78-5-118 Execution on judgment. • 78-5-118. Execution on judgment. From the time of the docketing in the office of the clerk of any district court execution may then be issued within the same time, in the same manner, and with the same effect as if issued on a judgment of the district court. Enacted by Chapter 157, 1989 General Session 78-5-119 Judgment not a lien unless so recorded. 78-5-119. Judgment not a lien unless so recorded. (1) Except as provided under Subsection(3), a judgment rendered in a justice court does not create a lien upon any real property of the judgment debtor unless the judgment or abstract of the judgment: (a) is recorded in the office of the county recorder of the county in which the real property of the judgment debtor is located; and (b) contains the information identifying the judgment debtor as referred to in Subsection 78-22-1.5(4) either: (i) in the judgment or abstract of judgment; or (ii) as a separate information statement of the judgment creditor as referred to in • Subsection 78-22-1.5(5). 11 (2) The lien runs for eight years from the date the judgment was entered in the district court under Section 78-22-1 unless the judgment is earlier satisfied. (3) State agencies are exempt from the recording requirement of Subsection(1). Amended by Chapter 370,2001 General Session 78-5-120 Appeals from justice court - Trial or hearing de novo in district court. 78-5-120. Appeals from justice court--Trial or hearing de novo in district court. (1) In a criminal case, a defendant is entitled to a trial de novo in the district court only if the defendant files a notice of appeal within 30 days of: (a) sentencing after a bench or jury trial, or a plea of guilty in the justice court resulting in a finding or verdict of guilt; or (b) a plea of guilty in the justice court that is held in abeyance. (2) If an appeal under Subsection (1) is of a plea entered pursuant to negotiation with the prosecutor, and the defendant did not reserve the right to appeal as part of the plea negotiation, the negotiation is voided by the appeal. (3) A defendant convicted and sentenced in justice court is entitled to a hearing de novo in the district court on the following matters, if he files a notice of appeal within 30 • days of: (a) an order revoking probation; (b) an order entering a judgment of guilt pursuant to the person's failure to fulfil the terms of a plea in abeyance agreement; (c) a sentence entered pursuant to Subsection(3)(b); or (d) an order denying a motion to withdraw a plea. (4) The prosecutor is entitled to a hearing de novo in the district court on: (a) a final judgment of dismissal; (b) an order arresting judgment; (c) an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial; (d) a judgment holding invalid any part of a statute or ordinance; (e) a pretrial order excluding evidence, when the prosecutor certifies that exclusion of that evidence prevents continued prosecution; or (f) an order granting a motion to withdraw a plea of guilty or no contest. (5) Upon entering a decision in a hearing de novo, the district court shall remand the case to the justice court unless: (a) the decision results in immediate dismissal of the case; (b)with agreement of the parties, the district court consents to retain jurisdiction; or (c) the defendant enters a plea of guilty in the district court. (6) The district court shall retain jurisdiction over the case on trial de novo. (7) The decision of the district court is final and may not be appealed unless the 110 district court rules on the constitutionality of a statute or ordinance. 12 • Amended by Chapter 4,2001 Special Session 1 78-5-121 Docket to be kept -- Enumeration of entries required. 78-5-121. Docket to be kept--Enumeration of entries required. Every justice court judge shall keep or cause to be kept a docket. The following information shall be entered in the docket under the title of the action to which it relates: (1) the title to every action or proceeding; (2) the object of the action or proceeding, and the amount of any money claimed; (3) the date of the service of the summons and the time of its return; (4) a statement of the fact if an order to arrest the defendant is made or a writ of attachment is issued; (5) the time when the parties or any party appears, or a party's nonappearance, if default is made; (6) minutes of the pleadings and motions in writing by referring to them, and if not in writing,by a concise statement of the material parts of the pleadings; (7) every adjournment, stating on whose application and to what time; (8) a demand for a trial by jury,when made, by whom, and the order for the jury; (9) the time appointed for the return of the jury and forthe trial; (10) the names of the jurors who appear and are sworn; • (11) the names of all witnesses sworn and at whose request; (12) the verdict of the jury and when received, or if the jury disagree and are discharged, the disagreement and discharge; (13) the judgment of the court including the costs included and when entered; (14) an itemized statement of the costs; (15) the time of issuing an execution and to whom, and the time of any renewals; (16) a statement of any money paid to the court, when, and by whom; and (17) the receipt of any notice of appeal, and of any appeal bond filed. Enacted by Chapter 157, 1989 General Session 78-5-122 Docket entries -- Prima facie evidence. 78-5-122. Docket entries -- Prima facie evidence. Entries in a justice court judge's docket under Section 78-5-121, certified by the judge or his successor in office, are prima facie evidence of the facts stated. Enacted by Chapter 157, 1989 General Session • 78-5-123 Docket index. 13 • 78-5-123. Docket index. A judge shall keep or cause to be kept an alphabetical index to the names of the parties to each judgment in his docket with a reference to the page of entry. The names of the parties shall be entered in the index by the first letter of the family surname. Enacted by Chapter 157, 1989 General Session 78-5-124 Delivery of docket and papers to successor. 78-5-124. Delivery of docket and papers to successor. A justice court judge upon the expiration of his term of office shall deposit with his successor his dockets and all papers filed in his office and also those of his predecessors or any others in his custody. The dockets and papers shall be kept as public records. Enacted by Chapter 157, 1989 General Session 110 78-5-125 All papers issued, except subpoenas, to be filled out without blanks. 78-5-125. All papers issued, except subpoenas,to be filled out without blanks. Every paper made or issued by a justice court judge except a subpoena is valid only if issued without any blank space to be filled or completed by another person. Enacted by Chapter 157, 1989 General Session 78-5-126 Disposition of moneys received. 78-5-126. Disposition of moneys received. Money received or collected on any process or order issued from a justice court shall be paid within seven days to the parties entitled or authorized to receive the money. Enacted by Chapter 157, 1989 General Session 78-5-127 Required annual training -- Expenses -- Failure to attend. 40 14 78-5-127. Required annual training-- Expenses --Failure to attend. 41 (1) Prior to assuming office all justice court judges shall attend an orientation seminar conducted under the direction of the Judicial Council. (2) All justice court judges shall attend the continuing education conducted under the supervision of the Judicial Council each calendar year. (a) Successful completion of the continuing education requirement includes instruction regarding competency and understanding of constitutional provisions and laws relating to the jurisdiction of the court,rules of evidence, and rules of civil and criminal procedure as indicated by a certificate awarded by the Judicial Council. (b) The county or municipality creating and maintaining a justice court shall assume the expenses of travel, meals, and lodging for the judge to attend education and training seminars conducted by the Judicial Council. (3) Any judge not obtaining a certificate for two consecutive years may be removed from office for cause under this section. (4) The Judicial Council shall inform the Judicial Conduct Commission of the names of justice court judges failing to comply with this section. Amended by Chapter 215, 1997 General Session 78-5-128 Determination of compensation and limits -- Salary survey-- Limits on secondary employment. • 78-5-128. Determination of compensation and limits -- Salary survey--Limits on secondary employment. (1) (a) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respective municipality or county taking into consideration recommendations of the office of the state court administrator as provided in Subsection (2). (i) A justice court judge employed by one entity may not receive a salary greater than 85% of the salary of a district court judge. (ii) A justice court judge employed by more than one entity as a justice court judge, may not receive a total salary for service as a justice court judge greater than the salary of a district court judge. (b) The compensation shall be comprised of a monthly salary and shall be computed upon the number of hours, days, or other periods of time that the justice court judge is to be available to perform all judicial functions. (2) (a) The state court administrator with the approval of the Judicial Council shall survey areas of the state relating to the functions and activities of the justice courts, taking into consideration the diverse economic factors of the various localities of the justice courts, and develop recommended monthly salaries. These recommendations shall be furnished to the governing bodies of the municipalities and the counties to assist them in determining salaries. (b) The state court administrator may make studies concerned with the economic as well as administrative feasibility to encourage the various political subdivisions to utilize 15 the same person or persons to act as justice court judges for their several jurisdictions and • to assist political subdivisions desiring to enter into agreements for that purpose. (3) A justice court judge may not appear as an attorney in any criminal matter in a federal, state, or justice court or appear as an attorney in any justice court or in any juvenile court case involving conduct which would be criminal if committed by an adult. (4) A justice court judge may not hold any office or employment including contracting for services in any justice agency of state government or any political subdivision of the state including law enforcement,prosecution, criminal defense, corrections, or court employment. (5) A justice court judge may not hold any office in any political party or organization engaged in any political activity or serve as an elected official in state government or any political subdivision of the state. (6) A justice court judge may not own or be employed by any business entity which regularly litigates in small claims court. (7) Any judge who violates this section is subject to removal by the Judicial Conduct Commission under Title 78, Chapter 8, Judicial Conduct Commission and Supreme Court Oversight of Judges. Amended by Chapter 71,2001 General Session 78-5-129 Compensation -- Annual review and adjustment. • 78-5-129. Compensation --Annual review and adjustment. (1) The governing body of each municipality or county shall annually review and may adjust the compensation paid. (2) The salary fixed for a justice court judge may not be diminished during the term for which the judge has been appointed or elected. (3) A copy of the resolution, ordinance, or other document fixing the salary of the justice court judge and any adjustments to the document shall be furnished to the state court administrator by the governing body of the municipality or county. Enacted by Chapter 157, 1989 General Session 78-5-130 Monthly reports to court administrator and governing body. 78-5-130. Monthly reports to court administrator and governing body. (1) Every justice court judge shall file monthly with the state court administrator a report of the judicial business of the judge. The report shall be on forms supplied by the state court administrator. • (2) The report shall state the number of criminal and small claims actions filed, the dispositions entered, and other information as specified in the forms. 16 (3) A copy of the report shall be furnished by the justice court judge to the governing body in the municipality or county, or to the person or office in the county, city, or town designated by the governing body. Enacted by Chapter 157, 1989 General Session 78-5-132 Term of office for county court. 78-5-132. Term of office for county court. (1) (a) The term of a county justice court judge is four years beginning the first Monday in February 1991. (b) Judges holding office when this act takes effect or appointed to fill any vacancy hold office until reappointed or a successor is appointed and certified by the Judicial Council. (2) (a) The term of office of a municipal justice court judge is four years, beginning the first Monday in February 1992. (b) Judges holding office when this section takes effect or appointed to fill any vacancy hold office until reappointed or a successor is appointed and certified by the Judicial Council. • Amended by Chapter 1, 1993 General Session 78-5-134 Justice court judges to be appointed -- Procedure -- Report to Judicial Council -- Retention election -- Vacancy. 78-5-134. Justice court judges to be appointed-- Procedure-- Report to Judicial Council-- Retention election --Vacancy. (1) As used in this section: (a) "Appointing authority" means: (i) the chair of the county commission in counties having the county commission form of county government; (ii) the county executive in counties having the county executive-council form of government; (iii) the chair of the city commission, city council, or town council in municipalities having the traditional management arrangement established by Title 10, Chapter 3, Part 1, Governing Body; (iv) the city manager, in the council-manager optional form of government defined in Section 10-3-1209; and (v) the mayor, in the council-mayor optional form of government defined in Section 10-3-1209. • (b) "Local legislative body" means: (i) the county commission or county council; and 17 (ii) the city commission, city council, or town council. • (2) Justice court judges shall be appointed by the appointing authority and confirmed by a majority vote of the local legislative body. (3) (a) After a newly appointed justice court judge has been confirmed, the local legislative body shall report the confirmed judge's name to the Judicial Council. (b) The Judicial Council shall certify the judge as qualified to hold office upon successful completion of the orientation program and upon the written opinion of the county or municipal attorney that the judge meets the statutory qualifications for office. (c) A justice court judge may not perform judicial duties until certified by the Judicial Council. (4) Upon the expiration of a county justice court judge's term of office the judge shall be subject to an unopposed retention election in accordance with the procedures set forth in Section 20A-12-201. (5) Upon the expiration of a municipal justice court judge's term of office a municipal justice court judge shall be reappointed absent a showing of good cause by the appointing authority. (a) If an appointing authority asserts good cause to not reappoint a municipal justice court judge, at the request of the judge, the good cause shall be presented at a formal hearing of the local legislative body. (b) The local legislative body shall determine by majority vote whether good cause exists not to reappoint the municipal justice court judge. (c) The decision of the local legislative body is not subject to appeal. (d) In determining whether good cause exists to not reappoint a municipal justice • court judge, the appointing authority and local legislative body shall consider: (i)whether or not the judge has been certified as meeting the evaluation criteria for judicial performance established by the Judicial Council; and (ii) any other factors considered relevant by the appointing authority. (6) Before reappointment or retention election, each justice court judge shall be evaluated in accordance with the performance evaluation program established in Subsection 78-3- 21(4). (7) (a) At the conclusion of a term of office or when a vacancy occurs in the position of justice court judge, the appointing authority may contract with a justice court judge in the county or an adjacent county to serve as justice court judge. (b) The contract shall be for the duration of the justice court judge's term of office. (8) Vacancies in the office of justice court judge shall be filled as provided in Section 20A-1-506. Amended by Chapter 71,2001 General Session 78-5-135 Funds collected -- Deposits and reports -- Special account -- • Accounting. 18 78-5-135. Funds collected--Deposits and reports -- Special account-- . Accounting. (1) (a) Municipal justice courts shall deposit public funds in accordance with Section 51-4-2. (b) The treasurer shall report to the city recorder the sums collected and deposited. The recorder shall then apportion and remit the collected proceeds as provided in Section 78-5-116. (c) The municipality shall retain all small claims filing fees including the governmental filing fee for actions filed by the municipality as provided in Section 78-6- 14. (2) (a) County justice courts shall deposit public funds in accordance with Section 51-4-2. (b) The treasurer shall report to the county auditor the sums collected and deposited. The auditor shall then apportion and remit the collected proceeds as provided in Section 78-5-116. (c) The county shall retain all small claims filing fees including the governmental filing fee for actions filed by the county as provided in Section 78-6-14. (3) Money received or collected on any civil process or order issued from a justice court shall be paid within seven days to the party entitled or authorized to receive it. (4) (a) With the approval of the governing body a trust or revolving account maybe established in the name of the justice court and the treasurer for the deposit of money collected including bail,restitution, unidentified receipts, and other money that requires special accounting. • (b) Disbursements from this account do not require the approval of the auditor, recorder, or governing body. (c) The account shall be reconciled at least quarterly by the auditor of the governing body. Amended by Chapter 308,2001 General Session 78-5-135.5 Justice court judge to collect fees before filing action -- Penalty. 78-5-135.5. Justice court judge to collect fees before filing action --Penalty. Every justice court judge who files in his office any complaint, or allows a civil action to be commenced in his court,without the fees being paid in advance, except in cases permitted by law, is guilty of a class B misdemeanor. Renumbered and Amended by Chapter 46,2001 General Session • 78-5-137 Justice court judge eligibility -- Mandatory retirement -- Service after retirement. 19 78-5-137. Justice court judge eligibility--Mandatory retirement-- Service after retirement. (1) A county justice court judge shall be: (a) a citizen of the United States; (b) 25 years of age or older; (c) a resident of Utah for at least three years immediately preceding his appointment; (d) a resident of the precinct for which chosen for at least six months immediately preceding appointment; and (e) a qualified voter of the precinct for which chosen. (2) A municipal justice court judge shall be: (a) a citizen of the United States; (b) 25 years of age or older; (c) a resident of Utah for at least three years immediately preceding appointment; (d) a resident of the county in which the municipality is located or an adjacent county for at least six months immediately preceding appointment; and (e) a qualified voter of the county of residence. (3) Justice court judges are not required to be admitted to practice law in the state as a qualification to hold office but shall have at the minimum a diploma of graduation from high school or its equivalent. This requirement does not apply to justice court judges holding office on July 1, 1989,who successfully complete continuing education • requirements under Section 78-5-127. (4) A justice court judge shall be a person who has demonstrated maturity of judgment, integrity, and the ability to understand and apply appropriate law with impartiality. (5) (a) Except as provided in Subsections (b) and(c), a county or municipal justice court judge shall retire upon attaining the age of 75 years. (b) A county justice court judge serving on July 1, 1996,who is 75 years of age or older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February 1999, may not be a candidate in the 1998 judicial retention elections and shall retire on or before the first Monday in February 1999. (c) A municipal justice court judge serving on July 1, 1996, who is 75 years of age or older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February 2000, may not be reappointed and shall retire on or before the first Monday in February 2000. (6) (a) A justice court judge whose tenure in office has terminated due to retirement and who is physically and mentally able to perform the duties of the office may hear a case as prescribed by rule of the Supreme Court. (b) The retired justice court judge shall take and subscribe an oath of office only upon the first appointment. The retired justice court judge shall receive reasonable compensation for services as set by local ordinance of the municipality or county. Amended by Chapter 84, 1996 General Session • 20 • 78-5-138 Temporary justice court judge. 78-5-138. Temporary justice court judge. If a justice court judge is absent or disqualified,the appointing authority may appoint another justice court judge currently holding office within the judicial district to serve as a temporary justice court judge. A retired justice court judge may also be appointed as a temporary justice court judge under rule of the Supreme Court. Amended by Chapter 166, 1999 General Session 78-5-139 Requirements by Judicial Council for creating and certifying justice courts. 78-5-139. Requirements by Judicial Council for creating and certifying justice courts. (1) The Judicial Council has the responsibility for promulgating and publishing minimum requirements both for the creation of new courts and the certification of existing courts. The council shall also review requests for waiver of the minimum • requirements and may authorize the creation of a court by waiving compliance with minimum requirements or by allowing for an extension of time to meet the minimum requirements. (2) Existing justice courts shall be recertified at the end of each four-year term if they continue to meet the minimum requirements for the establishment of a new court. Any existing court which does not meet the minimum requirements may request a review from the council, which may authorize the recertification of the court by waiving compliance with minimum requirements or by allowing for an extension of time to meet those requirements. Amended by Chapter 313, 1998 General Session 78-5-140 Dissolution of Justice Courts. 78-5-140. Dissolution of Justice Courts. (1) (a) The county or municipality shall obtain legislative approval to dissolve a justice court if the caseload from that court would fall to the district court upon dissolution. (b) To obtain approval of the Legislature, the governing authority of the municipality or county shall petition the Legislature to adopt a joint resolution to approve the dissolution. (c) The municipality or county shall provide notice to the Judicial Council. • (d) Notice of intent to dissolve a Class I or Class II justice court to the Judicial 21 • Council shall be given not later than July 1 two years prior to the general session in • which the county or municipality intends to seek legislative approval. (e) Notice of intent to dissolve a Class III or Class IV justice court to the Judicial Council shall be given not later than July 1 immediately prior to the general session in which the county or municipality intends to seek legislative approval. (2) (a) A county or municipality shall give notice of intent to dissolve a justice court to the Judicial Council if the caseload of that court would fall to the county justice court. A municipality shall also give notice to the county of its intent to dissolve a justice court. (b) Notice of intent to dissolve a Class I or Class II court shall be given by July 1 at least two years prior to the effective date of the dissolution. (c) Notice of intent to dissolve a Class III or Class IV court shall be given by July 1 at least one year prior to the effective date of the dissolution. (3) Upon request from a municipality or county seeking to dissolve a justice court, the Judicial Council may shorten the time required between the city's or county's notice of intent to dissolve a justice court and the effective date of the dissolution. Enacted by Chapter 313, 1998 General Session • • 22 4 - EXHIBIT B Title 78 Chapter 06 -- Small Claims Courts 78-6-1 Small claims -- Defined -- Biannual review-- Counsel not necessary-- Deferring multiple claims of one plaintiff-- Supreme Court to govern procedures. 78-6-1. Small claims -- Defined--Biannual review-- Counsel not necessary-- Deferring multiple claims of one plaintiff-- Supreme Court to govern procedures. (1) A small claims action is a civil action: (a) for the recovery of money where the amount claimed does not exceed$5,000 including attorney fees but exclusive of court costs and interest and where the defendant resides or the action of indebtedness was incurred within the jurisdiction of the court in which the action is to be maintained; or (b) involving interpleader under Rule 22 of the Utah Rules of Civil Procedure, in which the amount claimed does not exceed$5,000 including attorney fees but exclusive of court costs and interest. (2) The judgment in a small claims action may not exceed$5,000 including attorney fees but exclusive of court costs and interest. (3) Counter claims may be maintained in small claims actions if the counter claim arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim. A counter claim may not be raised for the first time in the trial de novo of the small claims action. (4) The Judicial Council shall present to the Judiciary Interim Committee prior to the general session of the Legislature during odd-numbered years a report and recommendations concerning the maximum amount of small claims actions. (5) Persons or corporations may litigate actions on behalf of themselves in person or through authorized employees with or without counsel. (6) If a person or corporation other than a municipality or a political subdivision of the state files multiple small claims in any one court, the clerk or judge of the court may remove all but the initial claim from the court's calendar in order to dispose of all other small claims matters. Claims so removed shall be rescheduled as permitted by the court's calendar. (7) Small claims matters shall be managed in accordance with simplified rules of procedure and evidence promulgated by the Supreme Court. Amended by Chapter 215, 1997 General Session 411 • 23 78-6-1.5 Evening hours -- Judges pro tempore. 78-6-1.5. Evening hours --Judges pro tempore. The district or justice court may request that the Supreme Court appoint a member of the Utah State Bar in good standing,with the member's consent, as judge pro tempore to hear and determine small claims at times, including evening sessions, to be set by the court. Such judges pro tempore, after being duly sworn, shall serve voluntarily and without compensation at the request of the court, shall be extended the same immunities, and shall have the same powers with respect to matters within the jurisdiction of the small claims court as may be exercised by a judge thereof. Amended by Chapter 198, 1996 General Session 78-6-6 Assignee may not file claim. 78-6-6. Assignee may not file claim. No claim shall be filed or prosecuted in such small claim court by any assignee of such claim. • No Change Since 1953 78-6-8 Object of small claims -- Attachment, garnishment, and execution. 78-6-8. Object of small claims --Attachment, garnishment, and execution. (1) The hearing in a small claims action has the sole object of dispensing speedy justice between the parties. The record of small claims proceedings shall be as provided by rule of the Judicial Council. (2) Attachment, garnishment, and execution may issue after judgment as prescribed by law, upon the payment of the fees required for those services. Amended by Chapter 215, 1997 General Session 78-6-10 Appeals -- Who may take and jurisdiction. 78-6-10. Appeals --Who may take and jurisdiction. (1) Either party may appeal the judgment in a small claims action to the district court of the county by filing a notice of appeal in the original trial court within ten days • of the notice of entry of the judgment. If the judgment in a small claims action is entered by a judge or judge pro tempore of the district court, the notice of appeal shall be filed 24 with the district court. 4111 (2) The appeal is a trial de novo and shall be tried in accordance with the procedures of small claims actions, except a record of the trial shall be maintained. The trial de novo may not be heard by a judge pro tempore appointed under Section 78-6-1.5. The decision of the trial de novo may not be appealed unless the court rules on the constitutionality of a statute or ordinance. Amended by Chapter 215, 1997 General Session 78-6-14 Civil filing fees. 78-6-14. Civil filing fees. (1) Except as provided in this section, the fees for a small claims action in justice court shall be the same as provided in Section 78-7-35. (2) Fees collected in small claims actions filed in municipal justice court are remitted to the municipal treasurer. Fees collected in small claims actions filed in a county justice court are remitted to the county treasurer. (3) (a) Seven dollars and 50 cents shall be withheld from the fee for the small claims affidavit and allocated to the Judges'Retirement Trust Fund. Five dollars shall be withheld from the fee for a small claims counter affidavit and allocated to the Judges' Retirement Trust Fund. • (b) Two dollars withheld from the civil filing fee in a court of record as provided in Subsection 63-63a-8(4)(b) shall not apply to the fees collected for small claims actions in justice court. (4) The fee in the justice court for filing a notice of appeal for trial de novo in a court of record is $10. The fee covers all services of the justice court on appeal but does not satisfy the trial de novo filing fee in the court of record. Amended by Chapter 46,2001 General Session 78-6-15 Costs. 78-6-15. Costs. The prevailing party in any small claims action is entitled to costs of the action and also the costs of execution upon a judgment rendered therein. Amended by Chapter 215, 1997 General Session • 25 • EXHIBIT C INSTRUCTIONS TO APPLICANT FOR RECERTIFICATION As part of the application process, each entity should carefully review all requirements for the operation of Justice Courts. In order to aid governing bodies in obtaining the necessary infoiiiiation regarding the continuing obligations of an entity with respect to the operations of the Court, the governing body of each entity must request a written opinion from its attorney advising the entity of all requirements for the operation of a Justice Court, and the feasibility of maintaining a Justice Court. In addition,prior to submission of this application, each entity must duly pass a resolution requesting recertification. The resolution must also affirm that the entity is willing to meet all requirements for the operation of the Court during the period of certification. A copy of the attorney's opinion and the resolution must accompany the application. A representative of the entity may appear before the Committee to present the application and may present any additional information which the applicant desires to present to the Committee. In the event that additional information is deemed necessary, the Committee may request such additional information from the applicant. Certification will certify the court to process all cases which come within the jurisdiction of the court including • criminal, civil and small claims cases pursuant to Section 78-5-104. Statutes of the State of Utah require that certain standards be met in the operation of a Justice Court. These statutory requirements include: 1. All official court business shall be conducted in a courtroom or an office located in a public facility which is conducive and appropriate to the administration of justice (78-5-108). 2. Each court shall be opened and judicial business shall be transacted every day as provided by law (78-5-108), although the judge is not required to be present during all hours that the court is open. 3. The hours that the court will be open shall be posted conspicuously at the court and in local public buildings (78-5-108). 4. The judge and the clerk of the court shall attend the court at regularly scheduled times (78-5-108). 5. The entity creating the Justice Court shall provide and compensate a judge and clerical personnel to conduct the business of the court (78-5-128 and 78-5-110). 6. The entity creating a Justice Court shall assume the expenses of travel, 41/ meals, and lodging for the judge of that court to attend required judicial education and training(78-5-127). 26 7. The entity creating a Justice Court shall assume the cost of travel and training expenses of clerical personnel at training sessions conducted by the Judicial Council (78-5-110). 8. The entity creating the Justice Court shall provide a sufficient staff of public prosecutors to attend the court and perform the duties of prosecution (78-5-111). 9. The entity creating the court shall provide adequate funding for attorneys where persons are indigent as provided by law (78-5-111). 10. The entity creating the court shall provide sufficient local law enforcement officers to attend court when required and provide security for the court (78-5-111). 11. Witnesses and jury fees as required by law shall be paid by the entity which creates the Court. 12. Any fine, surcharge, or assessment which is payable to the State shall be forwarded to the State as required by law (78-5-135 and 78-5-126). 13. Every entity creating a court shall pay the judge of that court a fixed compensation (78-5-128). • 14. Court shall be held within the jurisdiction of the court, except as provided • by law (78-5-107). 15. The entity creating the court shall provide and keep current for the court a copy of the Motor Vehicle Laws of the State of Utah, appropriate copies of the Utah Code, the Justice Court Manual, state laws affecting local governments, local ordinances, and other necessary legal reference material (78-5-109). 16. All required reports and audits shall be filed as required by law or by rule of the Judicial Council pursuant to Section 78-5-130. In addition to those requirements which are directly imposed by statute, section 78-5-139 directs the Judicial Council to promulgate minimum requirements for the creation and certification of Justice Courts. Pursuant to statute, the Judicial Council has adopted the following minimum requirements: 1) That the Court be opened for at least one hour each day that the court is required to be open as provided by law (Section 78-5-108). Additional hours of operation are specified in C.J.A. Rule 9-105. • 2) That the judge be available to attend court and conduct court business as needed. 3) That the minimum furnishings for a courtroom include: a desk and • chair for the judge (on a six inch riser), a desk and chair for the court clerk, chairs for witnesses, separate tables and appropriate chairs for plaintiffs and defendants, a Utah 27 • State flag, a United States flag, a separate area and chairs for at least four jurors, a separate area with appropriate seating for the public, an appropriate room for jury deliberations, and an appropriate area or room for victims and witnesses which is separate from the public. (A suggested courtroom configuration is attached). 4) A judicial robe, a gavel, current bail schedules, a copy of the Code of Judicial Administration, and necessary forms and supplies. 5) Office space for the judge and clerk (under certain circumstances this space may be shared, but if shared, the judge and clerk must have priority to use the space whenever needed). The office space shall include a desk for the judge and- a desk for the clerk, secure filing cabinets for the judge and the clerk, a telephone for the judge and a telephone for the clerk, appropriate office supplies to conduct court business, a cash register or secured cash box, a typewriter or word processor, and access to a copy machine. 6) A clerk must be present during the time the court is open each day and during court sessions, as required by the judge. 7) The entity must have at least one peace officer(which may be contracted). 8) A court security plan must be submitted consistent with C.J.A. Rule 3- 414. 9) Each court must have at least one computer with access to the interne, and appropriate software and security/encryption technology to allow for electronic reporting and access to Driver License Division and the Bureau of Criminal Identification, as defined by the reporting and retrieval standards promulgated by the Department of Public Safety. 10) Each court shall report required case disposition information to DLD, BCI and the Administrative Office of the Courts electronically, as described in number 9 above. In establishing minimum requirements, the Judicial Council has determined that Justice Courts with higher case filings require greater support services. To accommodate the great differences in judicial activity between Justice Courts within the state, the Council has divided courts into four classes based upon the average monthly cases filed in that court. Minimum standards have been set for each classification. Courts which have an average of less than 61 cases filed each month are classified as Class N Courts. The minimum requirements for a Class N Court are stated above. (These requirements are also attached as Class N minimum requirements). These requirements include both the statutory requirements and requirements promulgated by the Judicial Council, and are sometimes hereinafter referred to as "base requirements." Courts which have an average of more than 60 but less than 201 cases filed each month are classified as Class III Courts. In addition to the base requirements, a Class 111 28 • Court must be open more hours each week (see attached Class III minimum requirements), and court must be scheduled at least every other week. Courts which have an average of more than 200 but less than 501 cases filed each month are classified as Class II Courts. In addition to the base requirements, Class 11 Courts are required to be open additional hours (see attached Class II minimum requirements), the courtroom configuration is required to be permanent (although the courtroom may be used by another entity when the court is not in session), court must be scheduled at least weekly, the judge must be provided an appropriate office (chambers) for his own use, clerical space may not be shared, at least one full-time clerk must be provided(see attached Class II minimum requirements), and the courtroom,judge's chamber and clerk's office must be in the same building. Courts which have an average monthly filing of more than 500 cases are classified as Class I Courts. Class I Courts are considered to be full-time courts. In addition to the base requirements, a Class I Court must have a full-time judge, at least three clerks, it must be open during regular business hours, it must have a courtroom which is dedicated for the exclusive use as a court and which meets the master plan guideline adopted by the Judicial Council, and the judge's chambers and clerk's office cannot be shared by another entity. The State Legislature has provided that any Justice Court which continues to meet the minimum requirements for its class is entitled to be recertified. However, the Judicial Council also has authority to waive any minimum requirement which has not been specifically imposed by the Legislature (i.e. the requirements listed on pages 2 and 3 above, which have been adopted by the Judicial Council pursuant to Section 78-5-139). Waiver is at the discretion of the Judicial Council and will be based upon a demonstrated need for a court to conduct judicial business and upon public convenience. Any waiver will be for the entire term of the certification. A waiver must be obtained through the Judicial Council each time a court is recertified and, the fact that a waiver has been previously granted, will not be determinative on the issue of waiver for any successive application. There is a great diversity in the needs of the Justice Courts. The needs of a particular Court are affected by the type of cases filed (some courts have a high percentage of traffic matters, while others handle significant numbers of criminal and small claims matters), the location of the Court, the number of law enforcement agencies served, the policies and procedures followed by each judge with respect to the operation of the Court, and many other factors. Clerical resources and judicial time are particularly sensitive to local conditions. In order to adequately function it is anticipated that some courts will exceed minimum requirements for clerical resources and judicial time. Similarly, the particular circumstances of a court may allow it to operate efficiently with less than the minimum requirements in the above areas; and in such circumstances waiver may be requested. The statute also provides that the Judicial Council may grant an extension of time for any requirement which is not specifically required by statute. An extension may be • granted at the discretion of the Judicial Council where individual circumstances temporarily prevent the entity from meeting a minimum requirement. An extension will 29 be for a specific period of time and the certification of the court will terminate at the end of the extension period. In order for the court to continue to operate beyond the extension period, the court must be certified as meeting all requirements, obtain an additional extension, or obtain a waiver as provided above. Applications for existing courts for recertification shall be accompanied by a certificate of the judge, on a form approved by the Judicial Council, certifying that the operational standards for the court have been met during the prior year. Any exceptions to compliance with the minimum requirements or operational standards shall be noted on the above form. In addition, individual Justice Court Judges must meet with the governing body of the entity which created the court at least once a year to review the budget of the court, review compliance with the requirements and operational standards of the court, and discuss other items of common concern and shall certify that this meeting has been held, and that the operational standards for the court have been met during the prior year. Upon submission of an application, the Justice Court Standards Committee will conduct an appropriate independent investigation and notify the entity of its initial recommendations, whether in favor or against certification. If the Committee intends to recommend against certification, it shall specify the minimum requirements which have not been met. The entity may then present additional information to the Committee, request an extension, or request a waiver. After making an appropriate investigation • based upon any additional information or request made by the entity, the Committee will then submit its recommendations to the Judicial Council. The recommendations shall specify whether or not a waiver or extension should be granted, if either has been requested. If the recommendation is against recertification, or against waiver, or against extension, the entity may request that it be allowed to make an appearance before the Judicial Council. Any request to appear before the Judicial Council must be filed within 15 days of notification of the Committee's recommendations. If you have any questions concerning this application, please contact Richard Schwermer, staff to the Justice Court Standards Committee, at P. O. Box 140241, Salt Lake City, Utah 84114-0241, telephone: (801) 578-3816. 4110 30 • OPERATIONAL STANDARDS The following standards are intended to be applied in the recertification review by the Justice Court Standards Committee as operational standards. The justice courts are classified into four classes,based upon case filings. The case filing information is expressed in terms of filings per month but courts will be classified on the basis of average monthly filings over a period of at least one year. The classification of a court is determined at creation and is subject to review and possible reclassification whenever the court is being recertified. While the standards for some areas of court operation are unifoiiii for all levels of justice court, other standards are developed on a continuum, reflecting the difference in the time needed to competently manage caseloads of different levels. CLASS I MINIMUM REQUIREMENTS [Note that the following are minimum requirements. In order to adequately function as a Class I Court it maybe necessary for your court to exceed the minimum requirements.] • FILINGS: 501 or more citations or cases filed per month • HOURS: 111111 Court Open: Full Time Judge: Full Time • FACILITY: Dedicated Courtroom (with juror deliberation room) Judge's Chambers Clerk Office Co-located in the same facility (Meet the Master Plan Guidelines adopted by the Judicial Council) • CLERICAL RESOURCES: At least three full time clerks • PROSECUTION: Prosecutor to screen cases and represent the county or municipality at trial. • INDIGENT DEFENSE: The municipality or county provides adequate funding to provide indigent defense counsel for any defendant who requests representation and qualifies. • LEGAL RESOURCES: The following must be available and kept current: a. Utah Code , b. Local ordinances III c. Justice Court Manual d. Code of Judicial Administration 31 e. Uniform Bail Schedule f. Other legal resources as required under § 78-5-109. • LAW ENFORCEMENT: The local government creating the court must have at least one employed or contracted peace officer. • BAILIFF: The local government creating the court must provide a sworn law enforcement officer to attend court when required and provide security for the court. • SECURITY PLAN: A court security plan must be submitted consistent with C.J.A. Rule 3-414. • JURY/WITNESS FEES: Local government is responsible for payment of statutory juror and witness fees. • EDUCATION: Local government is responsible for costs of attendance at Judicial Council mandated training at least 30 hours per year. • REPORTING: All reports and audits shall be made and timely filed as provided by law or by rule of • Judicial Council. Reports to the Driver License Division and the Bureau of Criminal Identification must be made electronically, via the internet. CLASS II MINIMUM REQUIREMENTS [Note that the following are minimum requirements. In order to adequately function as a Class II Court it may be necessary for your court to exceed the minimum requirements.] • FILINGS: 201 to 500 citations or cases a month. • HOURS: Court Open 201-300 filings: At least 4 hours per day 301-400 filings: At least 5 hours per day 401-500 filings: At least 6 hours per day Judge available when needed. Trial calendar set at least weekly. • FACILITY: Courtroom (configuration is permanent but may be shared) Judge's Office Clerk Office (Courtroom and office must be co-located in the same building) 32 • • CLERICAL RESOURCES: 201-275 filings: At least one full time clerk 276-350 filings: 1.5 FTEs 3 51-425 filings: 2.0 FTEs 426-500 filings: 2.5 FTEs • • PROSECUTION: Prosecutor to screen cases and represent the county or municipality at trial. • INDIGENT DEFENSE: The municipality or county provides adequate funding to provide indigent defense counsel for any defendant who requests representation and qualifies. • LEGAL RESOURCES: The following must be available and kept current: a. Utah Code b. Local ordinances c. Justice Court Manual d. Code of Judicial Administration e. Uniform Bail Schedule f. Other legal resources as required under § 78-5-109 • LAW ENFORCEMENT: • The local government creating the court must have at least one employed or contracted peace officer. • BAILIFF: The local government creating the court must provide a sworn law enforcement officer to attend court when required and provide security for the court. • SECURITY PLAN: A court security plan must be submitted consistent with C.J.A. Rule 3-414. • JURY/WITNESS FEES: Local government is responsible for payment of statutory juror and witness fees. • EDUCATION: Local government is responsible for costs of attendance at Judicial Council mandated training—at least 30 hours per year. • REPORTING: All reports and audits shall be made and timely filed as provided by law or by rule of Judicial Council. Reports to the Driver License Division and the Bureau of Criminal Identification must be made electronically, via the internet. • 33 • • CLASS III MINIMUM REQUIREMENTS [Note that the following are minimum requirements. In order to adequately function as a Class III Court it may be necessary for your court to exceed the minimum requirements.] • FILINGS: 61-200 citations or cases per month • HOURS: Court Open 61-150 filings: At least 2 hours a day 151-200 filings: At least 3 hours a day Judge available as needed. Trial calendar set at least every other week. • FACILITY: Courtroom (access to public facility for trials, arraignments, etc.) Judge's/clerk office (Meets minimum requirements) • CLERICAL RESOURCES: At least one clerk required to be available daily during the scheduled hours of court operation and during court sessions as needed. • • PROSECUTION: Prosecutor to screen cases and represent the county or municipality at trial. • INDIGENT DEFENSE: The municipality or county provides adequate funding to provide indigent defense counsel for any defendant who requests representation and qualifies. • LEGAL RESOURCES: The following must be available and kept current: a. Utah Code b. Local ordinances c. Justice Court Manual d. Code of Judicial Administration e. Uniform Bail Schedule f. Other legal resources as required under § 78-5-109 • LAW ENFORCEMENT: The local government creating the court must have at least one employed or contracted peace officer. • BAILIFF: • The local government creating the court must provide a sworn law enforcement officer to attend court when required and provide security for the court. 34 • SECURITY PLAN: A court security plan must be submitted consistent with C.J.A. Rule 3-414. • JURY/WITNESS FEES: Local government is responsible for payment of statutory juror and witness fees. • EDUCATION: Local government is responsible for costs of attendance at Judicial Council mandated training. • REPORTING: All reports and audits shall be made and timely filed as provided by law or by rule of Judicial Council. Reports to the Driver License Division and the Bureau of Criminal Identification must be made electronically, via the internet. CLASS IV MINIMUM REQUIREMENTS [Note that the following are minimum requirements. In order to adequately function as a Class IV Court it may be necessary for your court to exceed the minimum requirements.] • FILINGS: 0-60 citations and/or cases per month ■ HOURS: Court open at least one hour per day. Judge available as needed and trial calendar set at least monthly. • FACILITY: Courtroom (access to public facility for trials, arraignments, etc.) Judge's/clerk office (can be a shared resource but court has priority when needed.) (Meets minimum requirements) • CLERICAL RESOURCES: At least one clerk required to be available daily during the scheduled hours of court operation and during court sessions. • PROSECUTION: Prosecutor to screen cases and represent the county or municipality at trial. • INDIGENT DEFENSE: The municipality or county provides adequate funding to provide indigent defense counsel for any defendant who requests representation and qualifies. • LEGAL RESOURCES: The following must be available and kept current: • a. Utah Code b. Local ordinances 35 • c. Justice Court Manual d. Code of Judicial Administration e. Uniform Bail Schedule f. Other legal resources as required under § 78-5-109 • LAW ENFORCEMENT: The local government creating the court must have at least one employed or contracted peace officer. • BAILIFF: The local government creating the court must provide a sworn law enforcement officer to attend court when required and provide security for the court. • SECURITY PLAN: A court security plan must be submitted consistent with C.J.A. Rule 3-414. • JURY/WITNESS FEES: Local government is responsible for payment of statutory juror and witness fees. • EDUCATION: Local government is responsible for costs of attendance at Judicial Council mandated training. • • REPORTING: All reports and audits shall be made and timely filed as provided by law or by rule of Judicial Council. Reports to the Driver License Division and the Bureau of Criminal Identification must be made electronically, via the internet. 110 36 • COURT CERTIFICATION AFFIDAVIT Court Location: Judge: Address: Telephone: Level of Court (Circle one): I II III IV Average Case Filings Per Month: Daily Court Hours: Number of Full-time Clerks: Number of Hours Worked Per Week Per Clerk: Number of Part-time Clerks: Number of Hours Worked Per Week Per Clerk: This form is divided into two parts. Section I contains those requirements that are statutory and are not waivable. Section II contains minimum requirements established by the Judicial Council, and those requirements may be waived pursuant to the procedure set forth in the instructions to applicant included with the application for certification. Comes now Judge Justice Court Judge for and, except as specifically noted below, certifies as follows: • . 37 SECTION I THE FOLLOWING ITEMS ARE STATUTORY AND CANNOT BE WAIVED. CERTIFICATION WILL NOT BE GRANTED UNLESS EACH REQUIREMENT IS MET. Please indicate Yes or No to each of the following: 1. All official court business is conducted in a public facility. 2. Court is open daily. 3. The hours of court operation are posted conspicuously. 4. The judge and the clerk attend court at regularly scheduled times based on the level of the court. 5. The judge is compensated at a fixed rate. 6. The responsible governmental entity provides and compensates sufficient clerical personnel necessary to conduct the business of the court. 7. The responsible governmental entity assumes the expenses of the travel of the judge for purposes of required judicial education. 411 8. The responsible governmental entity assumes the expenses of the travel of the clerk for the purposes of attending training sessions conducted by the Judicial Council. 9. The responsible governmental entity provides the Court with: a. Sufficient prosecutorial support b. Funding for attorneys for indigent defendants, as appropriate c. Sufficient local law enforcement officers to attend court as provided by statute d. Security for the court as provided by statute e. Witness and juror fees f. Copies of the motor vehicle laws of the State of Utah, appropriate copies of the Utah Code, the Justice Court Manual, state laws affecting local governments, local ordinances and other necessary legal reference materials 10. Fines, surcharges and assessments which are payable to the state are forwarded as required by law. 11111 11. Court is held within the jurisdiction of the court, except as provided by law (78-5- 107). 38 r ` • 12. All required reports and audits are filed as required by law or Rule of the Judicial Council. 1111 39 • SECTION II Section II contains minimum requirements established by the Judicial Council, and those requirements may be waived or an extension granted pursuant to the procedure set forth in the instructions to applicant included with this application for recertification. Please indicate YES or NO to each of the following: 1. Court is open each day as appropriate for the classification of the court. 2. The judge is available to attend court and to conduct court business as needed. 3. Minimum furnishings in the courtroom include: a. Desk and chair for the judge b. A six inch riser c. Desk and chair for the Court Clerk d. Chairs for witnesses e. Separate tables and appropriate chairs for plaintiffs and defendants • f. A Utah State flag g. A United States flag h. A separate area and chairs for at least four jurors i. A separate area with appropriate seating for the public j. An appropriate room for jury deliberations k. An appropriate area or room for victims and witnesses which is separate from the public 1. A judicial robe m. A gavel n. Current bail schedules o. A copy of the Code of Judicial Administration p. Necessary forms and supplies • q. Office space for the judge r. Office space for the court clerk s. Secure filing cabinets t. Appropriate office supplies • u. A cash register or secured cash box 40 v. A typewriter or word processor w. Access to a copy machine 4. The appropriate number of clerks as required by the classification of the court, are present during the time court is open each day and as needed during court sessions. 5. Does the applicant have a law enforcement department? 6. If the applicant does not have a law enforcement department, identify the law enforcement agency which will provide law enforcement services for the applicant: 7. A security plan has been filed consistent with C.J.A. Rule 3-414. 8. The court has the ability to electronically report to the Driver License Division, the Bureau of Criminal Identification and the Administrative Office of the Courts as required. 9. If the court is a Class I court: a. Judge is employed on a full-time basis b. Dedicated courtroom which meets the master plan guidelines adopted by the Judicial Council c. Court has a jury deliberation room d. Judge's chambers, clerk's office, and courtroom are in the same building e. Judge has his or her own private chambers f. Clerk's office is separate from any other entity g. Court is open during normal business hours 10. If the court is a Class II court: a. Court is open (check one) ❑ 201-300 average monthly filings: at least 4 hrs./day ❑ 301-400 average monthly filings: at least 5 hrs./day ❑ 401-500 average monthly filings: at least 6 hrs./day b. Trial calendar is set at least weekly 1110 c. Courtroom configuration is permanent 41 • d. Courtroom,judge's chambers, and clerk's office are within the same building e. Judge has his or her own private chambers 11. If the court is a Class III court: a. Trial calendar is set at least every other week b. Court is opened (check one): ❑ 61-150 average monthly filings: at least 2 hrs./day El 151-200 average monthly filings: at least 3 hrs./day 12. If the court is a Class IV court: a. Trial calendar is set at least monthly b. Court is open at least 1 hour per day 13. If you have responded with a "no" to any item in Section II above, you must request a waiver or extension below and justify that request. If waiver or extension of any requirement is requested, please specify each requirement and indicate factors which demonstrate a need for the waiver or extension. For any requested extension,please Sinclude the requested extension period. (To receive a waiver or extension of any requirement, the information requested in this section must be provided. Remember that statutory requirements cannot be waived or extended). I am familiar with the minimum operational standards for this court, and except as noted above, those standards are currently met or exceeded. During the current term of the court, I have met with the appropriate governing body of the City to review the budget of the court, review compliance with the minimum requirements and operational standards, and discuss other items of common concern. DATED this day of , 20 . JUSTICE COURT JUDGE SUBSCRIBED AND SWORN to before me this day of , 20 411/ 42 • • NOTARY PUBLIC Residing at My Commission Expires: • 4110 43 s CHECKLIST Please be sure that your application for recertification includes each of the following: 1. El Court Certification Affidavit completed and signed by the judge. 2. ❑A copy of a written opinion from the city or county attorney(as appropriate), directed to the appropriate sponsoring governmental entity, advising that entity of all requirements for the operation of the justice court and the feasibility of maintaining the court. 3. ❑A copy of a duly passed resolution of the sponsoring governmental entity that a. requests recertification of the court, and b. affirms that the entity is willing to meet all requirements for the operation of the court during the period of certification. 4. ❑A copy of your court security plan, as required by C.J.A. Rule 3-414, unless it has not changed since last submitted. ALL FOUR OF THESE DOCUMENTS MUST BE RECEIVED BY THE JUSTICE • COURT STANDARDS COMMITTEE AT THE ADDRESS BELOW BY: OCTOBER 24, 2003 Justice Court Standards Committee Attention: Richard Schwermer Administrative Office of the Courts P. 0. Box 140241 Salt Lake City,Utah 84114-0241 44 • COURT CERTIFICATION AFFIDAVIT • Court Location: Salt Lake City Justice Court Judge: L. Zane Gill - Presiding Judge Address: 333 South 200 East. Salt Lake City. UT 84111 Telephone:801-535-6421 Level of Court(Circle one): I II III IV Average Case Filings Per Month:6.718 Daily Court Hours:8:00 - 5:00 or more Number of Full-time Clerks: 32 #Hours Worked Per Week Per Clerk: 40+ Number of Part-time Clerks: 6 • #Hours Worked Per Week Per Clerk: 25 This form is divided into two parts. Section I contains those requirements that are statutory and are not waivable. Section II contains minimum requirements established by the Judicial Council, and those requirements may be waived pursuant to the procedure set forth in the instructions to applicant included with the application for certification. Comes now Judge L. Zane Gill Justice Court Judge for Salt Lake City Justice Court and, except as specifically noted below,certifies as follows: 13 • SECTION I • THE FOLLOWING ITEMS ARE STATUTORY AND CANNOT BE WAIVED. CERTIFICATION WILL NOT BE GRANTED UNLESS EACH REQUIREMENT IS MET. Please indicate Yes or No to each of the following: 1. All official court business is conducted in a public facility. Yes 2. Court is open daily. Yes 3. The hours of court operation are posted conspicuously. Yes 4. The judge and the clerk attend court at regularly scheduled times based on the level of the court. Yes 5. The judge is compensated at a fixed rate.Yes b. The responsible governmental entity provides and compensates sufficient clerical personnel necessary to conduct the business of the court.Yes 7. The responsible governmental entity assumes the expenses of the travel of the judge for purposes of required judicial education.Yes 8. The responsible governmental entity assumes the expenses of the travel of the clerk for the purposes of attending training sessions conducted by the Judicial Council. Yes 9. The responsible governmental entity provides the Court with: a. Sufficient prosecutorial support Yes b. Funding for attorneys for indigent defendants,as appropriate Yes c. Sufficient local law enforcement officers to attend court as provided by statute Yes d. Security for the court as provided by statute Yes e. Witness and juror fees Yes f. Copies of the motor vehicle laws of the State of Utah,appropriate copies of the Utah Code,the Justice Court Manual,state laws affecting local governments,local ordinances and other necessary legal reference materials Yes 14 • 10. Fines,surcharges and assessments which are payable to the state are forwarded as required 410bylaw. Yes 11. Court is held within the jurisdiction of the court,except as provided by law(78-5-107). Yes 12. All required reports and audits are filed as required by law or Rule of the Judicial Council. VAS • 15 • SECTION II • Section II contains minimum requirements established by the Judiciat Council,and those requirements may be waived or an extension granted pursuant to the procedure set forth in the instructions to applicant included with this application for recertification. Please indicate YES or NO to each of the following: 1. Court is open each day as appropriate for the classification of the court.Yes 2. The judge is available to attend court and to conduct court business as needed. Yes 3. Minimum furnishings in the courtroom include: a. Desk and chair for the judge Yes b. A six inch riser Yes c. Desk and chair for the Court Clerk Yes d. Chairs for witnesses Yes e. Separate tables and appropriate chairs for plaintiffs and defendants Yes • f. A Utah State flag Yes g. A United States flag Yes h. A separate area and chairs for at least four jurors Yes i. A separate area with appropriate seating for the public Yes j. An appropriate room for jury deliberations Yes k. An appropriate area or room for victims and witnesses which is separate from the public Yes 1. A judicial robe Yes m. A gavel Yes n. Current bail schedules Yes o. A copy of the Code of Judicial Administration Yes 16 • p. Necessary forms and supplies Yes • q. Office space for the judge Yes r. Office space for the court clerk Yes s. Secure filing cabinets Yes t. Appropriate office supplies Yes u. A cash register or secured cash box Yes v. A typewriter or word processor Yes w. Access to a copy machine Yes 4. The appropriate number of clerks as required by the classification of the court,are present during the time court is open each day and as needed during court sessions. Yes 5. Does the applicant have a law enforcement department? Yes 6. If the applicant does not have a law enforcement department,identify the law enforcement agency which will provide law enforcement services for the applicant: Court Transportation Qaliff Service • 7. A security plan has been filed consistent with C.J.A.Rule 3-414. Yes 8. The court has the ability to electronically report to the Driver License Division,the Bureau of Criminal Identification and the Administrative Office of the Courts as required. Yes 9. If the court is a Class I court: a. Judge is employed on a full-time basis Yes b. Dedicated courtroom which meets the master plan guidelines adopted by the Judicial Council Yes c. Court has a jury deliberation room Yes d. Judge's chambers,clerk's office,and courtroom are in the same building Yes e. Judge has his or her own private chambers Yes f. Clerk's office is separate from any other entityYes ].7 • g. Court is open during normal business hours Yes • 10. If the court is a Class II court: a. Court is open(check one) 1. 201-300 average monthly filings: at least 4 hrs./day 2. 301-400 average monthly filings:at least 5 hrs./day 3. 401-500 average monthly filings: at least 6 hrs./day b. Trial calendar is set at least weekly c. Courtroom configuration is permanent d. Courtroom,judge's chambers,and clerk's office are within the same building_ e. Judge has his or her own private chambers 11. If the court is a Class III court: a. Trial calendar is set at least every other week b. Court is opened(check one): 1. 61-150 average monthly filings:at least 2 hrs./day 11111 2. 151-200 average monthly filings: at least 3 hrs./day 12. If the court is a Class IV court: a. Trial calendar is set at least monthly b. Court is open at least 1 hour per day 13. If you have responded with a"no"to any item in Section II above,you must request a waiver or extension below and justify that request. If waiver or extension of any requirement is requested, please specify each requirement and indicate factors which demonstrate a need for the waiver or extension. For any requested extension, please include the requested extension period. (To receive a waiver or extension of any requirement,the information requested in this section must be provided. Remember that statutory requirements cannot be waived or extended). 18 III I am familiar with the minimum operational standards for this court,and except as noted . above,those standards are currently met or exceeded. During the current term of the court,I have met with the appropriate governing body of the City to review the budget of the court, review compliance with the minimum requirements and operational standards,and discuss other items of common concern. DATED this 17 day of September ,2003 . J -ce ourt Judge SUBSCRIBED AND SWORN to before me this rah day of ,200 . —"""�`"" ""1" NOTARY PUBLIC A<•� `TA; E GELi\H ?`# hty i,::mmission F:pires ; 15 z,.a .AU i n ;?ra g13 Residing at: ,•�'.:;../••F 383 Scud.200 East . Spa lake City.Utah 84t11 �`'J� • Ood E. ..,. C U} h ali1 Commission Expires: $'2?)-2cxo 19 • To: Rocky Fluhart Chief Administrative Officer From: Laurie Dillon Subject: Justice Court Revenue Compared to Projections Date: April 30, 2003 CC: Steve Fawcett, L. Zane Gill, Mary Johnston The City Council has recently requested information about the revenue and expenses of the Salt Lake City Justice Court. The revenue from the Justice Court has gradually increased since it opened on July 1, 2002. Revenue collected as of March 31, 2003, was $3,118,250 (not including parking revenue). Expenses as of March 31, 2003, were $1,465,868 (again, not including parking expenses). These expenses do not include the annual debt service of$500,000 for the Justice Court building and $82,000 annually for building operating expenses that was transferred to Public Services. For the entire fiscal year of 2003, the total revenue expected is about$4,240,000 (based on the average • monthly amount for traffic cases and assuming that monthly revenue from criminal cases will be at least equal to the revenue collected in March 2003). Total FY 2003 expenses are expected to be$2,620,000 ($2,038,000 for personal services, operations, charges and services, and small capital expenditures; $500,000 for debt service; and$82,000 for building operation and maintenance). If Salt Lake City had not chosen to establish a Justice Court, we would have received about$1,357,000 from the District Court ($1,284,000 from the 50/50 split when they adjudicated all of the city cases,based on the revenue collected from July through December 1999 before the Administrative Enforcement Division was established; and$73,330 from court collections,based on the highest annual amount received in FY 2000-01). The net revenue for FY 2003, after adjusting for revenue that would have been received had the Justice Court not been established, is expected to be about$263,000. The revenue from small claims cases and criminal cases continues to increase each month. For the criminal cases in particular,this can be expected since they take longer than traffic cases to be adjudicated and many of the fines and court costs are set up to be collected via monthly payment schedules. For example, the amount collected from criminal fines and court costs increased by 19.5% from December 2002 to January 2003 ($28,371 to $33,894),by an additional 18.5% from January to February($33,894 to $40,179), and by an additional 28.7% from February to March($40,179 to $51,727). This increase will gradually level off as new payments replace old payments that are completed. The revenue from traffic citations has increased from FY 2002 to FY 2003, but the • number of citations increased as well. That increase was expected since all citations issued within Salt Lake City boundaries are adjudicated in the Justice Court, and because Salt Lake City took on the adjudication of the District Attorney misdemeanor cases. Under the Administrative Enforcement division, only the citations issued by the Salt Lake City Police Department were addressed. The revenue projections for the Justice Court made in October 2000 indicated that $4,600,000 in total revenue could be expected. The monthly amount currently being collected for traffic cases is $322,700 (average for FY 2003), for criminal cases is $51,700 (March 2003 amount), and small claims cases is $1100 (average for February and March 2003). These monthly amounts can be expected to be maintained, which would result in $4,500,000 annually. If criminal case revenue continues to increase, it is likely that at least$4,600,000 could be received annually, with the exception of the loss of about $150,000 because of the recently required change in late fee collections. Using the lower revenue projection of$4,350,000 ($4,500,000 less $150,000) and accounting for$1,357,000 in revenue that would have been received from the District Court had the Justice Court not been established, the new annual revenue is $2,993,000. This compares to current annual expenses of$2,620,000. Based on the revenue, it appears that the Justice Court is collecting fines and fees to a greater extent than what the District Court did. Doubling the$1,357,000 that would have been received for the 50/50 split and collections results in$2,714,000 in total revenue. This can be compared to the Justice Court's anticipated revenue of$3,380,500 in . comparable fines and collections. [The$4,500,000 in revenue has to be adjusted for late fees ($260,807 in FY 2002), traffic school ($308,490 in FY 2002), traffic mitigation ($296,970 in FY 2002), court costs (estimated at$240,000 per year), and small claims filing fees (estimated at$13,200 per year)because these funds would have been retained by the District Court. This results in an amount of$3,380,500 which is comparable to the 50/50 split and collections amounts, or an increase of$666,500 over what the District Court was collecting.] Regarding dismissals, information received from the District Court for traffic cases from July 1, 1998, through December 31, 1998, indicated that 34% of the cases were dismissed. For the current fiscal year, the Justice Court has dismissed 3% of the tickets issued. Records are not available regarding the number and/or amount of fines that are reduced. Regarding the number of violations,46,532 traffic violations (violations,not citations) have been issued since July 1, 2002. The attached spreadsheet shows the breakdown of the types of violations and how many of each were issued. By far, the most common violation is speeding, followed by expired registration/improper display and/or location of plates, failure to obey traffic control devices, insurance violations, seat belt/child restraint violations, and driver licensing violations. The total number of parking tickets issued since July 1, 2002 is 105,824. •