Transmittal - 11/21/2023ERIN MENDENHALL
Mayor
RACHEL Ono, CHIEF OF STAFF
CITY COUNCIL TRANSMITTAL
DATE RECEIVED: ____ _
KATHERINE LEWIS
Office of the City Attorney
DATE SENT TO COUNCIL:-----
TO: Salt Lake City Council
Darin Mano, Chair
DATE: _____ _
FROM: C l em~ke City Justice Court -Presiding Judge ~
(signature)
SUBJECT: Recertification of the Salt Lake City Justice Court
STAFF CONTACTS:
DOCUMENT TYPE: Resolution
Clemens Landau -Presiding Judge, clemons.landau@slcgov.com
Curtis Preece -Court Administrator, Cu1ii s.preece@ lcg ov.com
Jaysen Oldroyd, Senior City Attorney, jaysen.o ldroyd @s lcgov.com
RECOMMENDATION: It is recommended that the City Council pass this resolution asking the Utah
Judicial Council to recertify the Salt Lake City Justice Court (the "Court") in order to provide for the
Court's continued operation.
BUDGET IMPACT: The resolution seeking the recertification of the Salt Lake City Justice Court would
simply allow the City to maintain the status quo. Consequently, passing this resolution would not create
any significant budget impacts. In contrast, electing not to pursue the recertification of the Salt Lake
City Justice Court would significantly impact the budget by severely impairing, if not entirely eliminating,
the justice court's ability to perform its governmental functions .
BACKGROUND/DISCUSSION: Every four years, the Salt Lake City Justice Court must be recertified by the
Utah Judicial Council in order to continue operations pursuant to Utah Code§ 78A-7-103. As part of
that recertification process, the City is required to submit a duly passed resolution of the City Council
that requests recertification of the Justice Court. Other components of the recertification process
include a signed affidavit from the Presiding Judge of the Salt Lake City Justice Court ("Affidavit") and an
opinion letter from the Salt Lake City Attorney's Office ("Opinion Letter"). Signed copies of the Affidavit
and the Opinion Letter are included as part of this transmittal for the City Council's consideration.
Judge Clemons Landau, Curtis Preece, and Jaysen Oldroyd could be available to be at the table during
the work session . A clean copy (approved as to form) of the proposed resolution is included with this
transmittal.
451 SOUTH STATE STREET, ROOM 5osA
P.O. BOX 145478, SALT LAKE CITY, UT 84114-5478
WWW.SLCGOV.COM
TEL 801-535-7788 FAX 801-535-7640
rachel otto (Nov 21, 2023 12:27 MST)11/21/2023
11/21/2023
11/21/2023
RESOLUTION NO. ______ OF 2023
REQUESTING THE RECERTIFICATION OF
THE JUSTICE COURT OF SALT LAKE CITY
WHEREAS, the provisions of Utah Code § 78A-7-103, require that Justice Courts
be recertified at the end of each four-year term; 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 December 15, 2023; and
WHEREAS, the members of the Salt Lake City Council have received an opinion
letter from Senior City Attorney Jaysen R. Oldroyd which sets forth the requirements for
the operation of a justice court, states that the Salt Lake City Justice Court meets such
minimum requirements and opines that it is legally feasible for the City to maintain a
justice court; and
WHEREAS, the members of the Salt Lake City Council have determined that it is
in the best interests of Salt Lake City to continue to maintain a justice court;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City,
Utah that:
Section 1: The City Council of Salt Lake City, Utah hereby requests
recertification of the Salt Lake City Justice Court by the Board of Justice Court Judges
and the Utah Judicial Council; and
Section 2: The City Council of Salt Lake City, Utah hereby affirms its
willingness to continue to meet all requirements set forth by the Judicial Council for
2
continued operation of the Salt Lake City Justice Court 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 ________,
2023.
SALT LAKE CITY COUNCIL
By_____________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
APPROVED AS TO FORM:
Salt Lake City Attorney’s Office
Date: 11/20/2023
Sign:
Print: Jaysen Oldroyd
ERIN MENDENHALL KATHERINE LEWIS
Mayor Office of the City Attorney
451 SOUTH STATE STREET, ROOM 505A WWW.SLCGOV.COM
P.O. BOX 145478, SALT LAKE CITY, UT 84114-5478 TEL 801-535-7788 FAX 801-535-7640
November 20, 2023
Darin Mano, Chair
Salt Lake City Council
451 South State Street, Room 304
Salt Lake City, Utah 84111
Re: Recertification of Salt Lake City Justice Court
Dear Council Chair Mano and Council Members,
Every four years, the Salt Lake City Justice Court must be recertified by the Utah Judicial
Council in order to continue operations pursuant to Utah Code § 78A-7-103. As part of that
recertification process, I have been asked to provide an opinion letter addressing whether all
requirements for the operation of a justice court have been met by Salt Lake City and whether
it remains legally feasible to maintain a justice court.
Statutory Requirements
The Utah Code requires 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 (Utah Code
§78A-7-213).
2. Each court shall be open and judicial business shall be transacted every day as
provided by law (Utah Code Section 78A-7-213), although the judge is not required to 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 (Utah Code §78A-7-213).
4. The clerk of the court and the judges of the justice court shall attend the court at
regularly scheduled times (Utah Code §78A-7-213).
Council Chair Mano
November 20, 2023
Page 2
5. The municipality maintaining the justice court shall provide and compensate judges
and clerical personnel to conduct the business of the court (Utah Code §78A-7-206 and Utah
Code §78A-7-207).
6. The municipality maintaining the justice court shall assume the expenses of travel,
meals, and lodging for the judges of that court to attend required judicial education and
training (Utah Code §78A-7-103).
7. The municipality maintaining the justice court shall provide sufficient clerical
personnel to serve the needs of the justice court and shall assume the cost of travel and
training expenses of such clerical personnel at training sessions conducted by the Judicial
Council (Utah Code §78A-7-103).
8. The municipality maintaining the justice court shall provide a sufficient staff of public
prosecutors to attend the court and perform the duties of prosecution (Utah Code §78A-7-103).
9. The municipality maintaining the justice court shall provide adequate funding for
attorneys where persons are indigent as provided by law (Utah Code §78A-7-103).
10. The municipality maintaining the justice court shall provide sufficient local peace
officers to provide security for the court and to attend court when required (Utah Code §78A-7-
103).
11. Witnesses and jury fees as required by law shall be paid by the municipality
maintaining the justice court (Utah Code §10-7-76).
12. Any fine, surcharge, or assessment which is payable to the State shall be forwarded
to the State as required by law (Utah Code §78A-7-120 and Utah Code §78A-7-121).
13. Every municipality maintaining a justice court shall pay the judge of that court a
fixed compensation, within the range provided by statute (Utah Code §78A-7-206).
14. Court shall be held within the jurisdiction of the court, except as otherwise provided
by law (Utah Code §78A-7-212).
15. All required reports and audits shall be filed as required by law or by rule of the
Judicial Council pursuant to Utah Code §78A-7-215.
16. All justice courts shall use a common case management system and disposition
reporting system as specified by the Judicial Council (Utah Code §78A-7-213).
Council Chair Mano
November 20, 2023
Page 3
17. All justice courts shall record all proceedings with a digital audio recording device
and maintain the audio recordings for one year. (Utah Code §78A-7-103).
18. The municipality maintaining the justice court shall provide adequate courtroom and
auxiliary space for the justice court, which need not be specifically constructed for or allocated
solely for the justice court when existing facilities adequately serve the purposes of the justice
court (Utah Code § 78A-1-103).
19. The municipality maintaining the justice court shall provide each judge of its justice
court with current copies of the Utah Code, the Utah Court Rules Annotated, the justice court
manual published by the state court administrator, the Motor Vehicle laws of the State of Utah,
the state laws affecting local governments, local ordinances, and other legal reference
materials as determined to be necessary by the judge (Utah Code § 78A-7-103).
Judicial Council Requirements
In addition to those requirements directly imposed by statute, Utah Code §78A-7-103
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
additional minimum requirements which can be found in Appendix B of the Utah Rules of
Judicial Administration:
1. That a clerk shall be available for at least one hour each day the court is required to
be open and during court hearings, as required by the judge. These hours shall be posted on
the court’s website.
2. The judge shall be available to conduct court business as needed, performing all
duties required and exercising ultimate responsibility for the administration of justice as an
independent branch of government.
3. All court hearings shall be conducted in a designated courtroom, including remote
transmission, as permitted by the Judicial Council, or in another location authorized by the
Presiding Judge.
4. The minimum furnishings for a courtroom shall include: a desk and chair for the judge
(on a riser at least six inches above the well), a desk and chair for the court clerk, chairs for
witnesses, separate tables and appropriate chairs for plaintiffs and defendants, a Utah 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 that is separate from the public, as well as a
judicial robe, a gavel, and necessary forms and supplies.
Council Chair Mano
November 20, 2023
Page 4
5. Appropriate office space must be provided for the judge and clerk. This office space
may be shared under certain circumstances, 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 for each clerk performing cashiering duties, a computer with word
processing software, and access to a scanner and copy machine.
6. The court shall provide interpreters are required by Rule 3-306.04 of the Code of
Judicial Administration.
7. A clerk must be present during the time the court is open each day and during court
sessions, as required by the judge.
8. The court must have at least one peace officer (which may be contracted).
9. A court security plan must be submitted and approved as required by Rule 3-414 of
the Code of Judicial Administration.
10. Each court must have at least one computer with access to the internet, and
appropriate software and security/encryption technology to allow for electronic reporting and
access to Driver License Division (“DLD”) and the Bureau of Criminal Identification (“BCI”), as
defined by the reporting and retrieval standards promulgated by the Department of Public
Safety. In addition, all justice courts must use the CORIS case management system.
11. Each court shall report required case disposition information to DLD, BCI and the
Administrative Office of the Courts electronically, as described in the foregoing Subparagraph
10 above.
12. Clerks’ education hours shall be reported to the Administrative Office of the Courts
on an annual basis.
13. The appointment of the clerks assigned to serve the court shall be subject to the
judge’s approval, who may participate in the interview and personnel evaluation process for
the clerks at his or her discretion.
14. Court staff shall be certified as contemplated by Rule 3-303 of the Code of Judicial
Administration.
15. Any interlocal agreement relating to court operations, as amended to date, shall be
provided to the Justice Court Administrator.
Council Chair Mano
November 20, 2023
Page 5
16. The court shall accept credit and debit cards through a system that integrates with
CORIS.
17. The Court shall have access to UCJIS.
18. An audio recording system shall maintain a digital recording of all court
proceedings. For Class I and Class II Justice Courts, the system must:
i. be stand-alone unit that records and audibly plays back the recording;
ii. index, back-up and archive the recording and enable the record to be
retrieved;
iii. have at least four recording channels;
iv. have a one-step “on” and “off” recording function;
v. have conference monitoring of recorded audio;
vi. have external record archiving from the unit with local access;
vii. be capable of being integrated with the court’s public address system;
In establishing minimum requirements, the Judicial Council has determined that justice
courts with higher case filings require greater support services. The Salt Lake City Justice Court
is a Class I Court, which designation applies to courts having an average monthly filing of more
than 500 cases. According to an affidavit executed by Clemens Landau, the presiding judge of
the Salt Lake City Justice Court, the average monthly filing for the Salt Lake City Justice Court for
fiscal year 2022 - 2023 was approximately 2,188 cases. In addition to the minimum
requirements set forth above, a Class I Court must have at least one full-time judge and at least
three clerks – at least one of whom is available during regular business hours; it must have a
courtroom which is dedicated for the exclusive use as a court that meets the master plan
guidelines 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 requirement for its class is entitled to be recertified. However, the Judicial Council
also has authority to waive any minimum recertification requirement imposed by rule of the
Council rather than by statute. 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 generally 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.
Council Chair Mano
November 20, 2023
Page 6
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 the4
above areas; in such circumstances a waiver may be requested.
The Utah Code 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 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.
As part of the recertification process established by the Judicial Council, the city must
also submit a sworn court certification affidavit from the judge of the justice court. Judge
Clemens Landau, who is presiding judge of the Salt Lake City Justice Court, has prepared this
affidavit indicating that the court meets the minimum statutory and Judicial Council
recertification requirements.
It is the opinion of this office, based upon Judge Landau’s affidavit and our familiarity
with the operations of the Salt Lake City Justice Court, that (i) the court continues to meet or
exceed the minimum requirements for a Class I justice court, (ii) is entitled to recertification,
and (iii) that it is legally feasible for Salt Lake City to continue operating a justice court.
If you have any questions or if I can provide you with any additional assistance, please
let me know.
Sincerely,
Jaysen R. Oldroyd
Senior City Attorney
COURT CERTIFICATION AFFIDAVIT
Justice Court: Salt Lake City Justice Court
Judge: Clemens Landau, Presiding Judge
Address: 333 South 200 East Salt Lake City, UT. 84111
Telephone: 801-535-6300
Court's Website: _sl~c"""'.g""'o~v~/c~o_u_r~ts""'"/ ________________ _
Level of Court (Circle one): !
Average Case Filings Per Month: 2188 (Includes Traffic, Criminal. Small Claims)
Daily Court Hours: 8:00 AM -5:00 PM, Monday -Friday
Number of Full-time Clerks: 26 plus 5 support staff
#Hours Worked Per Week Per Clerk: 1Q._
Number of Part-time Clerks: 0 -----
#Hours Worked Per Week Per Clerk: NA ~~---
This form is divided into two parts. Section I contains those requirements that are statutory
and cannot be waived. 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 this Application for Recertification.
ComesnowJudge~C_le_n_1_el_1s~L~a~n~d_a_u __________________ __.
Justice Court Judge for Salt Lake City Justice Court
and, except as specifically noted below, certifies as follows:
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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, within the statutory range. Yes
6. 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 each 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. Appropriate copies of the Utah Code, the Justice Court Manual, state laws affecting local
governments, local ordinances and other necessary legal reference materials Yes
10. Fines, surcharges and assessments which are payable to the state are forwarded as required
by law. Yes
11. Court is held within the jurisdiction of the court, except as provided by law (78A-7-212).
Yes
12 . All required reports and audits are filed as required by law or Rule of the Judicial Council.
Yes
13. A record of all court proceedings is maintained by an appropriate digital recording system.
Yes
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. A clerk is available each day to conduct court business, including hearings as required by
the judge, for the number of hours required for the classification of the court. Yes
2. Hours during which a clerk is available are posted on the court's website. Yes
3. The judge is available to conduct court business as needed. Yes
4. The judge performs all duties required and exercises ultimate responsibility for the
administration of justice as an independent branch of government. Yes
5. All court hearings are conducted in a designated courtroom, by remote transmission, or in
another location authorized by the Presiding Judge. Yes
Minimum furnishings in the courtroom include:
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 new Utah State flag that will be on display no later than March 9, 2024 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
p. Necessary forms and supplies Yes
q. Office space for the judge Yes
r. Office space for the court clerk Yes
t. Appropriate office supplies Yes
u. A cash register or secured cash box for each clerk performing cashiering duties Yes
v. At least one computer with word processing software and internet access Yes
w . Access to a scanner and copy machine Yes
4. The court shall provide interpreters as required by Rule 3-306.04 of the Code of Judicial
Administration. 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: Yes
7. A court security plan has been submitted for approval as required by Rule 3-414 of the
Code of Judicial Administration. Yes
8. The court electronically reports to the Driver License Division, the Bureau of Criminal
Identification and the Administrative Office of the Courts as required. Yes
9. Clerks' education hours shall be reported to the Administrative Office of the Courts on an
annual basis. Yes
10. The appointment of the clerk(s) assigned to serve the court are subject to the judge's
approval, who may participate in the interview and personnel evaluation process for the
clerk(s) at his or her discretion. Yes
11. Court staff are current with all certification requirements required by the Board of Justice
Court Judges from the month after starting with the court through September 30, 2023. Yes
12. Any interlocal agreement relating to court operations shall be submitted to the
Administrative Office of the Court with the city's application for recertification. Yes
13. The court accepts credit and debit cards through a system that integrates with CORIS. Yes
14. The court has access to UCJIS. Yes
15. An audio recording system that complies with the description below maintains a digital
recording of all court proceedings. Yes
For Class I and Class II justice courts, the system must:
Be a stand-alone unit that records and audibly plays back the recording;
Index, back-up and archive the recording and enable the record to be retrieved;
Have at least four recording channels;
Have a one-step "on" and "off' recording function;
Have conference monitoring of recorded audio;
Have external record archiving from the unit with local access; and
Be capable of being integrated with the court's public address system.
For Class III and Class IV justice courts, the system must, at a minimum:
Be a stand-alone unit that records and audibly plays back the recording;
Index, back up and archive the recording and enable the record to be retrieved; and
Have at least two recording channels.
16. 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 entity Yes
g. Court is open during normal business hours Yes
17. If the court is a Class II court: NA
a. Court is open (check one)
201-300 average monthly filings: at least 4 hours/day
301-400 average monthly filings: at least 5 hours/day
401-500 average monthly filings: at least 6 hours/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
18. If the court is a Class III court: NA
a. Trial calendar is set at least twice per month
b. Court is opened (check one):
__ 61-150 average monthly filings: at least 2 hours/day
__ 151-200 average monthly filings: at least 3 hours/day
19. If the court is a Class IV court: NA
a. Trial calendar is set at least monthly
b. Court is open at least 1 hour per day
") 1
20. 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).
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
. of) I day of
I declare under criminal penalty of the State of Utah that the foregoing is true and correct.
Executed on this ( 0~ day of __ ~_o_v_e;_V\_be __ r--_, 2023.
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CHECKLIST
Please be sure that your application for recertification includes each of the following:
1. X 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. X A copy of your court security plan, as required by Rule 3-414 of the Code of Judicial
Administration.
5. A copy of any interlocal agreement(s) relating to court operations, as amended to date.
ALL OF THESE DOCUMENTS MUST BE RECEIVED BY THE ADMINISRA TIVE
OFFICE OF THE COURTS BY:
DECEMBER 15, 2023.
Board of Justice Court Judges
Attention: James M. Peters
Administrative Office of the Courts
P. 0. Box 140241
Salt Lake City, Utah 84114-0241
j amesp@utcourts.gov
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