Proposed Ordinance - 8/25/2023
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SALT LAKE CITY ORDINANCE
No. ___ of 2023
(Judicial Branch of Municipal Government)
An ordinance amending chapters 2.02 and 2.84 of the Salt Lake City Code to address
changes in Utah law regarding justice courts and to implement necessary corresponding
adjustments.
WHEREAS, in March of 2023 the Utah Legislature passed House Bill 210 which
provides that a justice court must be independent from the other branches of municipal
government and may not be treated as part of the executive or legislative branches of
municipal government; and
WHEREAS, the justice court of Salt Lake City has not previously operated as an
entirely independent branch of municipal government; and
WHEREAS, the City Council of Salt Lake City now desires to amend city
ordinances to comply with the recently-adopted provisions of House Bill 210 regarding
the independent status of justice courts.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That chapter 2.02 of the Salt Lake City Code is hereby amended to
read as follows:
CHAPTER 2.02
GOVERNMENTAL ORGANIZATION
2.02.010: Purpose
2.02.020: Establishment of Branches
2.02.010: PURPOSE
It is the intent and purpose of this title to establish and clarify the organization and
operation of city departments and to provide for an orderly means of conducting the
operations of city government. Pursuant to title 10, chapter 3, of the Utah code, this
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chapter and chapters 2.04, 2.06, and 2.08 of this title, or their successor chapters, provide
for the division of administrative services into departments, divisions and bureaus and
define the duties and functions of each. These chapters constitute the administrative code
of the city.
2.02.020: ESTABLISHMENT OF BRANCHES
The municipal government of the city is divided into three separate, independent and
equal branches of government:
A. The executive branch, which consists of the elected mayor of the city, and the
administrative departments of the city, together with department heads, officers and
employees. The mayor shall be elected at large by the voters of the municipality and
shall exercise the executive powers of the government.
B. The legislative branch, which consists of a municipal council and their staff. The
council shall consist of seven (7) members, who are residents of and elected from their
respective council districts.
C. The judicial branch, which consists of the justice court judges, a court administrator,
officers, clerks, and employees. The justice court judges shall be selected and appointed
as set forth in Utah Code 78A-7-202 or its successor section.
SECTION 2. That Chapter 2.84 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows.
Chapter 2.84
JUSTICE COURT
2.84.010: Establishment Of Justice Court
2.84.020: Establishment Of Judgeships
2.84.015: Court Administrator
2.84.030: Judge Appointment And Term Of Office
2.84.040: Judge Qualifications For Office
2.84.050: Judge Compensation
2.84.060: Judges’ Meetings – Rules of Court
2.84.070: Court Administrator
2.84.080: Judicial Officers
2.84.090: Clerks of the Court
2.84.100: Jurisdiction And Authority
2.84.110: Default Civil Penalty Schedule
2.84.120: Surcharges
2.84.130: Plea In Abeyance Fees For Traffic Offenses
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2.84.010: ESTABLISHMENT OF JUSTICE COURT:
There is hereby created within the Salt Lake City government a class I municipal court,
which shall be known as the “Salt Lake City Justice Court”. This justice court is an
independent branch of municipal government and operates separately from both the
executive and legislative branches of government. The justice court is a court of the state
of Utah, in accordance with Utah Code Section 78A-1-101 and is considered part of the
state judiciary. As the independent judicial branch of municipal government, the justice
court’s vision shall be to create a community-facing court that is just, equitable and
trusted by all. The mission of the justice court shall be to operate at the highest standards
of justice, professionalism, responsiveness and respect to the community it serves.
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2.84.020: ESTABLISHMENT OF JUDGESHIPS:
There is hereby created within the justice court up to five (5) offices of full time and up to
three (3) offices of part time municipal justice court judges of said justice court.
2.84.030: JUDGE APPOINTMENT AND TERM OF OFFICE:
A judge of the justice court shall be appointed by the mayor and shall be confirmed by
the city council in accordance with Utah Code section 78A-7-202, or its successor. The
term of office of a judge of the justice court shall be six (6) years, as provided by Utah
Code section 78A-7-203, or its successor.
2.84.040: JUDGE QUALIFICATIONS FOR OFFICE:
A judge of the justice court shall, in addition to meeting all the qualifications as set forth
in Utah Code section 78A-7-201 or its successor, be a member in good standing of the
Utah State Bar Association at the time of appointment and at all times while serving the
said office.
2.84.050: JUDGE COMPENSATION:
The compensation of a judge of the justice court shall be ninety percent (90%) of the
salary of a district court judge, or such other percentage or limitation as prescribed by
Utah Code section 78A-6-206 or its successor. 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.
2.84.060: JUDGES’ MEETINGS – RULES OF COURT
It shall be the duty of the judges of the justice court to select a presiding judge. Further, it
shall be the duty of the judges of the justice court to meet at least once each month, at
such hour and place as they may designate, and at such other times as they may desire,
for the consideration of such matters pertaining to the administration of justice in said
justice court as may be brought before them. They shall have power and it shall be their
duty to adopt, or cause to be adopted, rules and r egulations for the uniform and proper
administration of justice in the justice court.
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2.84.070: COURT ADMINISTRATOR
There shall be a court administrator of the justice court appointed at will by the judges
of the justice court and removable by the judges of the justice court. Before entering
upon the duties of his or her office, the court administrator shall take an oath the same
as required for other officers o f the city, and shall execute any necessary bond in such
sum and with such sureties as legislat ive authority of the city may direct. The court
administrator shall be paid su ch compensation as the city council may provide from
time to time, and the city council shall consider any recommendations from the
presiding judge. Compensation will be commensurate with the executive level duties
of a court administrator in a trial court having a like jurisdiction and overseeing
comparable non-judicial staff members. The court administrator shall report to and act
under the supervision and control of the presid ing judge of the municipal court, shall
uniformly supervise all court employees, and shall perform such duties as may be
assigned to him or her by the presiding judge of the justice court. The presiding judge
and the court administrator will collaborate wi th the City’s internal service provider
departments, which are defined as the finance department, attorney’s office, human
resources department, and information management services department, regarding all
justice court operational matters.
2.84.080: REPORTING TO MAYOR AND CITY COUNCIL
The presiding judge and the court administrator will annually report to the Mayor and
the City Council in an open and public meeting about the operations, priorities, and
programs of the justice court. The open a nd public meeting will include a public
hearing so members of the p ublic can comment on the justice court’s annual report
about operations, priorities, and programs of the ju stice court.
2.84.100: JURISDICTION AND AUTHORITY:
The justice court shall have jurisdiction over all matters as provided by law and state
statute, including, but not limited to, jurisdiction and authority provided under Utah Code
sections 78A-7-104, 78A-7-105, and 78A-7-106, or their successors. In accordance with
said jurisdiction, the justice court may hear civil violations of Salt Lake City ordinances,
including, but not limited to, those civil violations which have been designated as civil
penalty matters, having been converted by the city from criminal violations, unless city
ordinances provide for a different procedure for handling such violations. Civil penalty
matters shall be managed in accordance with simplified rules of procedure and evid ence
applicable to small claims courts.
2.84.110: DEFAULT CIVIL PENALTY SCHEDULE:
A. The justice court may establish a default civil penalty schedule, similar in format to
the uniform misdemeanor fine/bail schedule adopted by the judicial council, except
that the fees set forth in the city's default civil penalty schedule may be higher or
lower than those set forth in the uniform bail schedule. The justice court default
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civil penalty schedule shall apply only in those instances in which the defendant is
not required to appear in court and the defendant's voluntary forfeiture of the
penalty fee disposes of the case. The fees set forth in the default civil penalty
schedule shall include all penalties, surcharges and assessments provided by law.
However, the foregoing authorization does not prohibit the court from, in its
discretion, imposing no fine or a fine in any amount up to and including the
maximum fine for the offense.
B. The cumulative total of all civil penalties, surcharges and assessments for each
citation shall not exceed the total sum prescribed for class B misdemeanors as set
forth in Utah Code sections 76-3-301 and 76-3-303, as amended, or their
successors.
2.84.120: SURCHARGES:
With regard to traffic violations under title 12 of this code, other than parking violations,
the justice court shall assess all fees and surcharges required to be assessed by state
statute.
2.84.130: PLEA IN ABEYANCE FEES FOR TRAFFIC OFFENSES:
A. The city conducts a traffic school hearing program for traffic offenses, which is
based upon the uniform bail schedule adopted by the Utah judicial council. For matters
which qualify for the offer of a plea in abeyance under the traffic school hearing program,
the plea in abeyance fee shall be the applicable uniform bail amount plus the
corresponding amount set forth on the Salt Lake City consolidated fee schedule.
B. Nothing in this section shall be construed to impede or remove the independent
discretion of the city prosecutor to resolve a traffic matter differently or reduce a plea in
abeyance fee in the interest of justice.
C. The justice court may not hold a plea in abeyance without the consent of both the
city prosecutor and the defendant. A decision by the city prosecutor not to agree to a plea
in abeyance is final.
SECTION 3. That this ordinance shall become effective immediately upon
publication.
Passed by the City Council of Salt Lake City, Utah this ___ day of __________________
2023.
____________________________________
Darin Mano, Council Chair
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ATTEST:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
_________________________
CITY RECORDER
(SEAL)
Bill No. _______ of 2023.
Published: __________________
APPROVED AS TO FORM
Date:__________________________________
By: ___________________________________
Katherine Lewis, City Attorney
Katherine Lewis (Aug 14, 2023 14:46 MDT)
August 14, 2023