Judicial Modifications

71
15-1-4
20A-12-201
63G-23-102
67-8-2
78A-1-101
78A-1-102
78A-1-103.7
78A-2-104
78A-2-107
78A-2-108
78A-2-110
78A-2-113
78A-2-301
78A-4-102
78A-4-103
78A-5-102
78A-5-102.7
78A-5-103
78A-5-105
78A-5a-301
78A-5a-302
78A-5b-101
78A-5b-102
78A-5b-103
78A-5b-104
78A-5b-105
78A-5b-201
78A-5b-202
78A-5b-203
78A-5b-204
78A-5b-205
78A-5b-206
78A-10a-202
78A-10a-203
78A-10a-601
78A-10a-602
78A-10a-603
78A-10a-604
78A-10a-605
78A-10a-606
78A-10a-607
78A-11-102
78B-3a-102
78B-5-202
78B-5-206
78B-5-1002
78B-6-1303
78A-5-102.7
0
Judicial Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses issues related to the judiciary.
Highlighted Provisions:
This bill:
defines terms;
addresses the ballot language for a retention election;
addresses the transfer of an action from the district court to the Business and Chancery
Court;
addresses the assignment of district court judges to cases a municipality files, appeals, or
transfers to the district court;
modifies the requirements for a three-judge panel in the district court;
modifies the publication requirements for a final decision or order from the Business and
Chancery Court;
amends the tentative decision requirements for the Business and Chancery Court;
contingent on statutory provisions being held invalid or enjoined:
establishes the Constitutional Court (court);
addresses the postjudgment interest rate for judgments of the court;
addresses a retention election for a judge of the court;
adds a judge of the court to the definition of "public official" for Title 63G, Chapter
23, Property Donated to State by Public Official;
addresses salaries for judges of the court;
provides that the court is not geographically divided into districts;
provides that the court consists of three judges;
amends the membership of the Judicial Council to include a member from the court;
amends provisions regarding the administration of the courts to address the creation of
the court;
addresses a judicial hiring freeze for judges of the court;
amends the jurisdiction of the district court to allow a district court judge or Court of
Appeals judge to preside over an action of the court for purposes of disqualification
and recusal;
provides that the court is a trial court with statewide jurisdiction;
addresses the organization and status of the court;
addresses the jurisdiction of the court;
addresses the transfer of an action to the court;
addresses the administration, staff, and management of the court;
allows a district court judge or Court of Appeals judge to be appointed to the court
without vacating the judge's appointment to the district court or Court of Appeals;
addresses the location and facilities of the court;
addresses the selection process for judges of the court, including the creation of the
Constitutional Court Nominating Commission; and
makes changes to provisions regarding judgments, mileage, and lis pendens to address
the creation of the court;
clarifies the right to appeal for an injunction of a state law; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides revisor instructions.
Utah Code Sections Affected:
AMENDS:
15-1-4
, as last amended by Laws of Utah 2023, Chapter 394
20A-12-201
, as last amended by Laws of Utah 2025, Chapter 39
63G-23-102
, as last amended by Laws of Utah 2024, Chapter 158
67-8-2
, as last amended by Laws of Utah 2023, Chapter 394
78A-1-101
, as last amended by Laws of Utah 2023, Chapter 394
78A-1-102
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-104
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-107
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-108
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-110
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-113
, as last amended by Laws of Utah 2023, Chapter 394
78A-2-301
, as last amended by Laws of Utah 2025, Chapter 291
78A-4-102
, as last amended by Laws of Utah 2022, Chapter 276
78A-4-103
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 3
78A-5-102
, as last amended by Laws of Utah 2025, Chapter 426
78A-5-103
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-5-105
, as renumbered and amended by Laws of Utah 2008, Chapter 3
78A-5a-301
, as enacted by Laws of Utah 2023, Chapter 394
78A-5a-302
, as enacted by Laws of Utah 2023, Chapter 394
78A-10a-202
, as enacted by Laws of Utah 2023, Chapter 250
78A-10a-203
, as enacted by Laws of Utah 2023, Chapter 250 and last amended by
Coordination Clause, Laws of Utah 2023, Chapter 250
78A-11-102
, as last amended by Laws of Utah 2023, Chapter 394
78B-3a-102
, as enacted by Laws of Utah 2023, Chapter 401
78B-5-202
, as last amended by Laws of Utah 2025, First Special Session, Chapter 17
78B-5-206
, as last amended by Laws of Utah 2023, Chapter 401
78B-5-1002
, as enacted by Laws of Utah 2025, Chapter 456
78B-6-1303
, as last amended by Laws of Utah 2023, Chapter 401
ENACTS:
78A-1-103.7
, Utah Code Annotated 1953
78A-5b-101
, Utah Code Annotated 1953
78A-5b-102
, Utah Code Annotated 1953
78A-5b-103
, Utah Code Annotated 1953
78A-5b-104
, Utah Code Annotated 1953
78A-5b-105
, Utah Code Annotated 1953
78A-5b-201
, Utah Code Annotated 1953
78A-5b-202
, Utah Code Annotated 1953
78A-5b-203
, Utah Code Annotated 1953
78A-5b-204
, Utah Code Annotated 1953
78A-5b-205
, Utah Code Annotated 1953
78A-5b-206
, Utah Code Annotated 1953
78A-10a-601
, Utah Code Annotated 1953
78A-10a-602
, Utah Code Annotated 1953
78A-10a-603
, Utah Code Annotated 1953
78A-10a-604
, Utah Code Annotated 1953
78A-10a-605
, Utah Code Annotated 1953
78A-10a-606
, Utah Code Annotated 1953
78A-10a-607
, Utah Code Annotated 1953
REPEALS AND REENACTS:
78A-5-102.7
, as enacted in 2026 H.B. 392
Utah Code Sections Affected by Revisor Instructions:
78A-5-102.7
, as enacted in 2026 H.B. 392
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
15-1-4
is amended to read:
15-1-4
. Interest on judgments.
(1)
As used in this section
, "federal
:
(a)
"Court" means:
(i)
the district court;
(ii)
the justice court;
(iii)
the Business and Chancery Court; or
(iv)
the Constitutional Court if Title 78A, Chapter 5b, Constitutional Court, takes
effect as described in Section
78A-5b-102
.
(b)

"Federal
postjudgment interest rate" means the interest rate established for the
federal court system under 28 U.S.C. Sec. 1961, as amended.
(2)
(a)
Except as provided in Subsection
(2)(b)
, a judgment rendered on a lawful contract
shall conform to the contract and shall bear the interest agreed upon by the parties,
which shall be specified in the judgment.
(b)
A judgment rendered on a deferred deposit loan subject to
Title 7, Chapter 23, Check
Cashing and Deferred Deposit Lending Registration Act
, shall bear interest at the rate
imposed under Subsection
(3)(a)
on an amount not exceeding the sum of:
(i)
the total of the principal balance of the deferred deposit loan;
(ii)
interest at the rate imposed by the deferred deposit loan agreement for a period
not exceeding 10 weeks as provided in Subsection
7-23-401(4)
;
(iii)
costs;
(iv)
attorney fees; and
(v)
other amounts allowed by law and ordered by the court.
(3)
(a)
Except as otherwise provided by law, or as governed by Subsection
(4)
, all other
final civil and criminal judgments of
the district court, the justice court, and the
Business and Chancery Court
a court
shall bear interest at the federal postjudgment
interest rate as of January 1 of each year, plus 2%.
(b)
The
postjudgment interest rate
interest rate described in Subsection
(3)(a)
that is
in
effect at the time of the judgment shall remain the interest rate for the duration of the
judgment.
(c)
The interest on criminal judgments shall be calculated on the total amount of the
judgment.
(d)
Interest paid on state revenue shall be deposited in accordance with Section
63A-3-505
.
(e)
Interest paid on revenue to a county or municipality shall be paid
to
into
the general
fund of the county or municipality.
(4)
A judgment under $10,000 in an action regarding the purchase of goods and services
shall bear interest from the date on which the
district court, the justice court, or the
Business and Chancery Court
court
enters the judgment at 10% plus the federal
postjudgment interest rate in effect on January 1 of the year in which the judgment is
entered.
Section 2. Section
20A-12-201
is amended to read:
20A-12-201
. Judicial appointees -- Retention elections.
(1)
(a)
Each judicial appointee to a court is subject to an unopposed retention election at
the first general election held more than three years after the judge or justice was
appointed.
(b)
After the first retention election:
(i)
each Supreme Court justice shall be on the regular general election ballot for an
unopposed retention election every tenth year; and
(ii)
each judge of other courts shall be on the regular general election ballot for an
unopposed retention election every sixth year.
(2)
(a)
Each justice or judge of a court of record who wishes to retain office shall, in the
year the justice or judge is subject to a retention election:
(i)
file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on July 1
and ending at 5 p.m. on July 15 in the year of a regular general election; and
(ii)
pay a filing fee of $50.
(b)
(i)
Each justice court judge who wishes to retain office shall, in the year the justice
court judge is subject to a retention election:
(A)
file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on
July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
and
(B)
pay a filing fee of $25 for each judicial office.
(ii)
If a justice court judge is appointed or elected to more than one judicial office, the
declaration of candidacy shall identify all of the courts included in the same
general election.
(iii)
If a justice court judge is appointed or elected to more than one judicial office,
filing a declaration of candidacy in one county in which one of those courts is
located is valid for the courts in any other county.
(3)
(a)
The lieutenant governor shall, no later than August 31 of each regular general
election year:
(i)
transmit a certified list containing the names of the justices of the Supreme Court,
judges of the Court of Appeals,
and
judges of the Business and Chancery Court
,
and judges of the Constitutional Court if Title 78A, Chapter 5b, Constitutional
Court, takes effect as described in Section
78A-5b-102
,
declaring their candidacy
to the county clerk of each county; and
(ii)
transmit a certified list containing the names of judges of other courts declaring
their candidacy to the county clerk of each county in the geographic division in
which the judge filing the declaration holds office.
(b)
Each county clerk shall place the names of justices and judges standing for retention
election:
(i)
in the nonpartisan section of the ballot; and
(ii)
in accordance with Section
20A-6-109
.
(4)
(a)
At the general election, the ballots shall contain:
(i)
at the beginning of the judicial retention section of the ballot, the following statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
recommendations for each judge"; and
(ii)
for each justice or judge standing for a retention election in the county, the
following question: "Shall [insert name of justice or judge] be retained in the
office of [insert name of office and the applicable court or jurisdiction]? Yes ( ) or
No ( )."
(ii)
as to each justice or judge of any court to be voted on in the county, the following
question:
"Shall ______________________________(name of justice or judge) be retained in the
office of ___________________________? (name of office, such as "Justice of the Supreme
Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
County or (name of municipality)")
Yes ()
No ()."
(b)
If a justice court exists by means of an interlocal agreement under Section
78A-7-102
,
the ballot question for the judge shall include the name of that court.
(5)
(a)
If the justice or judge receives more yes votes than no votes, the justice or judge is
retained for the term of office provided by law.
(b)
If the justice or judge does not receive more yes votes than no votes, the justice or
judge is not retained, and a vacancy exists in the office on the first Monday in
January after the regular general election.
(6)
A justice or judge not retained is ineligible for appointment to the office for which the
justice or judge was defeated until after the expiration of that term of office.
(7)
(a)
If a justice court judge is standing for retention for one or more judicial offices in
a county in which the judge is a county justice court judge or a municipal justice
court judge in a town or municipality of the fourth or fifth class, as described in
Section
10-2-301
, or any combination thereof, the election officer shall place the
judge's name on the county ballot only once for all judicial offices for which the
judge seeks to be retained.
(b)
If a justice court judge is standing for retention for one or more judicial offices in a
municipality of the first, second, or third class, as described in Section
10-2-301
, the
election officer shall place the judge's name only on the municipal ballot for the
voters of the municipality that the judge serves.
Section 3. Section
63G-23-102
is amended to read:
63G-23-102
. Definitions.
As used in this chapter:
(1)
"Public official" means, except as provided in Subsection
(3)
, the same as that term is
defined in Section
36-11-102
.
(2)
"Public official" includes a judge or justice of:
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
a district court;
(d)
a juvenile court;
or
(e)
the Business and Chancery Court
.
; or
(f)
the Constitutional Court if Title 78A, Chapter 5b, Constitutional Court, takes effect
as described in Section
78A-5b-102
.
(3)
"Public official" does not include a local official or an education official as defined in
Section
36-11-102
.
Section 4. Section
67-8-2
is amended to read:
67-8-2
. Salaries of judges established annually in appropriations act -- Bases of
salaries -- Additional compensation.
(1)
The salaries of judges of courts of record, as described in Section
78A-1-101
, shall be
set annually by the Legislature in an appropriations act.
(2)
Judicial salaries shall be based on the following percentages of the salary of a district
court judge:
(a)
juvenile court judges:
100%;
(b)
Business and Chancery Court judges:
100%;
(c)
Court of Appeals judges:
105%; and
(d)
justices of the Supreme Court:
110%.
(1)
The Legislature shall set annually, in an appropriations act, the salaries of judges of a
court of record described in Section
78A-1-101
.
(2)
Except as provided in Subsection
(3)
, a judicial salary for a judge of a court of record
shall be based on the following percentage of the salary for a district court judge:
(a)
100% for a juvenile court judge;
(b)
100% for a Business and Chancery Court judge;
(c)
105% for a Constitutional Court judge if Title 78A, Chapter 5b, Constitutional Court,
takes effect as described in Section
78A-5b-102
;
(d)
105% for a Court of Appeals judge; and
(e)
110% for a Supreme Court justice.
(3)
(a)
If a district court judge is a Constitutional Court judge, the judge's salary for the
Constitutional Court is 5% of the salary for a district court judge during the time
period in which the judge remains a district court judge.
(b)
If a Court of Appeals judge is a Constitutional Court judge, the judge's salary for the
Constitutional Court is 5% of the salary for a district court judge during the time
period in which the judge remains a Court of Appeals judge.
(c)
Except as provided in this Subsection
(3)
, a judge of a court of record may not collect
a salary for more than one court of record.
(3)
(4)
(a)
A salary described in Subsection
(2)
does not include additional
compensation provided for a presiding judge or associate presiding judge under:
(i)
Section
78A-3-101
;
(ii)
Section
78A-4-102
;
(iii)
Section
78A-5-106
;
(iv)
Section
78A-5a-202
;
(v)
Section
78A-5b-203
;
or
(v)
(vi)
Section
78A-6-203
.
(b)
Compensation described in Subsection
(3)(a)
(4)(a)
does not constitute a salary for
purposes of
Utah Constitution, Article VIII, Section 14.
Section 5. Section
78A-1-101
is amended to read:
78A-1-101
. Courts of this state -- Courts of record.
(1)
The following are the courts of this state:
(a)
the Supreme Court;
(b)
the Court of Appeals;
(c)
the Business and Chancery Court;
(d)
the Constitutional Court if Chapter 5b, Constitutional Court, takes effect as described
in Section
78A-5b-102
;
(d)
(e)
the district courts;
(e)
(f)
the juvenile courts; and
(f)
(g)
the justice courts.
(2)
All courts are courts of record, except the justice courts, which are courts not of record.
Section 6. Section
78A-1-102
is amended to read:
78A-1-102
. Trial courts of record -- Geographical divisions.
(1)
The district and juvenile courts are divided into eight geographical divisions:
(a)
First Judicial District, which includes Box Elder, Cache, and Rich Counties;
(b)
Second Judicial District, which includes Weber, Davis, and Morgan Counties;
(c)
Third Judicial District, which includes Salt Lake, Summit, and Tooele Counties;
(d)
Fourth Judicial District, which includes Utah, Wasatch, Juab, and Millard Counties;
(e)
Fifth Judicial District, which includes Beaver, Iron, and Washington Counties;
(f)
Sixth Judicial District, which includes Garfield, Kane, Piute, Sanpete, Sevier, and
Wayne Counties;
(g)
Seventh Judicial District, which includes Carbon, Emery, Grand, and San Juan
Counties; and
(h)
Eighth Judicial District, which includes Daggett, Duchesne, and Uintah Counties.
(2)
The Business and Chancery Court is not divided into geographical divisions.
(3)
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
, the
Constitutional Court is not divided into geographical divisions.
Section 7. Section
78A-1-103.7
is enacted to read:
78A-1-103.7
. Number of Constitutional Court judges.
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
, the
Constitutional Court shall consist of three judges.
Section 8. Section
78A-2-104
is amended to read:
78A-2-104
. Judicial Council -- Creation -- Members -- Terms and election --
Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.
(1)
The Judicial Council is composed of:
(a)
the chief justice of the Supreme Court;
(b)
one member elected by the justices of the Supreme Court;
(c)
one member elected by the judges of the Court of Appeals;
(d)
one member elected by the judges of the Business and Chancery Court;
(e)
one member elected by the judges of the Constitutional Court if Chapter 5b,
Constitutional Court, takes effect as described in Section
78A-5b-102
;
(e)
(f)
six members elected by the judges of the district courts;
(f)
(g)
three members elected by the judges of the juvenile courts;
(g)
(h)
three members elected by the justice court judges; and
(h)
(i)
a member or ex officio member of the Board of Commissioners of the Utah State
Bar who is an active member of the Utah State Bar in good standing at the time of
election by the Board of Commissioners.
(2)
The Judicial Council shall have a seal.
(3)
(a)
The chief justice of the Supreme Court shall act as presiding officer of the Judicial
Council and chief administrative officer for the courts.
(b)
The chief justice shall vote only in the case of a tie.
(4)
(a)
All members of the Judicial Council shall serve for three-year terms.
(b)
If a Judicial Council member should die, resign, retire, or otherwise fail to complete
a term of office, the appropriate constituent group shall elect a member to complete
the term of office.
(c)
In courts having more than one member, the members shall be elected to staggered
terms.
(d)
The individual elected by the Board of Commissioners under Subsection
(1)(h)
(1)(i)

may complete a three-year term of office on the Judicial Council even though the
individual ceases to be a member or ex officio member of the Board of
Commissioners.
(e)
The individual elected by the Board of Commissioners under Subsection
(1)(h)
(1)(i)

shall be an active member of the Utah State Bar in good standing for the entire term
of the Judicial Council.
(f)
Elections are held under rules made by the Judicial Council.
(5)
(a)
The Judicial Council is responsible for the development of uniform administrative
policy for the courts throughout the state.
(b)
The presiding officer of the Judicial Council is responsible for the implementation of
the policies developed by the Judicial Council and for the general management of the
courts, with the aid of the state court administrator.
(c)
The Judicial Council has authority and responsibility to:
(i)
establish and assure compliance with policies for the operation of the courts,
including uniform rules and forms; and
(ii)
publish and submit to the governor, the chief justice of the Supreme Court, and
the Legislature an annual report of the operations of the courts, which shall
include financial and statistical data and may include suggestions and
recommendations for legislation.
(6)
The Judicial Council shall establish standards for the operation of the courts of the state,
including facilities, court security, support services, and staff levels for judicial and
support personnel.
(7)
The Judicial Council shall by rule:
(a)
establish the time and manner for destroying court records, including computer
records; and
(b)
establish retention periods for court records.
(8)
(a)
Consistent with the requirements of judicial office and security policies, the
Judicial Council shall establish procedures to govern the assignment of state vehicles
to public officers of the judicial branch.
(b)
The vehicles shall be marked in a manner consistent with Section
41-1a-407
and may
be assigned for unlimited use, within the state only.
(9)
(a)
The Judicial Council shall:
(i)
advise judicial officers and employees concerning ethical issues; and
(ii)
establish procedures for issuing informal and formal advisory opinions on ethical
issues.
(b)
Compliance with an informal opinion is evidence of good faith compliance with the
Code of Judicial Conduct.
(c)
A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(10)
(a)
The Judicial Council shall establish written procedures authorizing the presiding
officer of the Judicial Council to appoint judges of courts of record by special or
general assignment to serve temporarily in another level of court in a specific court or
generally within that level.
(b)
The appointment under Subsection
(10)(a)
shall be:
(i)
for a specific period of time; and
(ii)
reported to the Judicial Council.
(c)
The Judicial Council shall develop the procedures described in this Subsection
(10)

in accordance with Subsection
78A-2-107(2)
regarding the temporary appointment of
judges.
(11)
(a)
The Judicial Council may by rule designate municipalities in addition to those
designated by statute as a location of a trial court of record.
(b)
There shall be at least one court clerk's office open during regular court hours in each
county.
(c)
Any trial court of record may hold court in any municipality designated as a location
of a court of record.
(12)
The Judicial Council shall by rule determine whether the administration of a court is
the obligation of the Administrative Office of the Courts or whether the Administrative
Office of the Courts should contract with local government for court support services.
(13)
The Judicial Council may by rule direct that a district court location be administered
from another court location within the county.
(14)
(a)
The Judicial Council shall:
(i)
establish the Office of Guardian Ad Litem in accordance with
Title 78A, Chapter
2, Part 8, Guardian Ad Litem
Chapter 2, Part 8, Guardian Ad Litem
; and
(ii)
establish and supervise a Guardian Ad Litem Oversight Committee.
(b)
The Guardian Ad Litem Oversight Committee described in Subsection
(14)(a)(ii)

shall oversee the Office of Guardian Ad Litem, established under Subsection
(14)(a)(i)
, and assure that the Office of Guardian Ad Litem complies with state and
federal law, regulation, policy, and court rules.
(15)
The Judicial Council shall establish and maintain, in cooperation with the Office of
Recovery Services within the Department of Health and Human Services, the part of the
state case registry that contains records of each support order established or modified in
the state on or after October 1, 1998, as is necessary to comply with the Social Security
Act, 42 U.S.C. Sec. 654a.
Section 9. Section
78A-2-107
is amended to read:
78A-2-107
. Court administrator -- Powers, duties, and responsibilities.
Under the general supervision of the presiding officer of the Judicial Council, and within
the policies established by the
the
Judicial Council:
(1)
the state court administrator shall:
(a)
organize and administer all of the nonjudicial activities of the courts;
(b)
assign, supervise, and direct the work of the nonjudicial officers of the courts;
(c)
implement the standards, policies, and rules established by the Judicial Council;
(d)
formulate and administer a system of personnel administration, including in-service
training programs;
(e)
prepare and administer the state judicial budget, fiscal, accounting, and procurement
activities for the operation of the courts of record;
(f)
assist justice courts in budgetary, fiscal, and accounting procedures;
(g)
conduct studies of the business of the courts, including the preparation of
recommendations and reports relating to the studies;
(h)
develop uniform procedures for the management of court business, including the
management of court calendars;
(i)
maintain liaison with the governmental and other public and private groups having an
interest in the administration of the courts;
(j)
establish uniform policy concerning vacations and sick leave for judges and
nonjudicial officers of the courts;
(k)
establish uniform hours for court sessions throughout the state;
(l)
when necessary for administrative reasons, change the county for trial of any case if
no party to the litigation files timely objections to this change;
(m)
(i)
organize and administer a program of continuing education for judges and
support staff, including training for justice court judges; and
(ii)
ensure that any training or continuing education described in Subsection
(1)(m)(i)

complies with
Title 63G, Chapter 22, State Training and Certification
Requirements
;
(n)
provide for an annual meeting for each level of the courts of record and the annual
judicial conference; and
(o)
perform other duties as assigned by the presiding officer of the Judicial Council; and
(2)
with the consent of the presiding officer of the Judicial Council, the state court
administrator may:
(a)
call and appoint a justice or judge of a court of record to serve temporarily as a judge
of the Court of Appeals, the Business and Chancery Court, a district court, or a
juvenile court; and
(b)
set reasonable compensation for the service of a justice or judge under Subsection
(2)(a)
.
Section 10. Section
78A-2-108
is amended to read:
78A-2-108
. Assistants for state court administrator -- Appointment of trial court
executives.
(1)
The state court administrator, with the approval of the presiding officer of the Judicial
Council, is responsible for the establishment of positions and salaries of assistants as
necessary to enable the state court administrator to perform the powers and duties vested
in the state court administrator by this chapter, including the positions of appellate court
administrator, business and chancery court administrator, district court administrator,
juvenile court administrator, and justice court administrator.
(2)
The state court administrator shall appoint an appellate court administrator, a business
and chancery court administrator, a district court administrator, a juvenile court
administrator, and a justice court administrator with the concurrence of the respective
boards as established by the Judicial Council.
(3)
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
, the
state court administrator shall, with the approval of the presiding officer of the Judicial
Council, establish a salary and position for a constitutional court administrator.
(3)
(4)
(a)
The district court administrator, with the concurrence of the presiding judge
of a district or the district court judge in single judge districts, may appoint a trial
court executive in each district.
(b)
The trial court executive may appoint, subject to budget limitations, necessary
support personnel including clerks, research clerks, secretaries, and other persons
required to carry out the work of the court.
(c)
The trial court executive shall supervise the work of all nonjudicial court staff and
serve as administrative officer of the district.
(4)
(5)
Administrators and assistants appointed under this section are known collectively
as the Administrative Office of the Courts.
Section 11. Section
78A-2-110
is amended to read:
78A-2-110
. Databases for judicial boards.
(1)
As used in this section, "judicial board" means any judicial branch board, commission,
council, committee, working group, task force, study group, advisory group, or other
body with a defined limited membership that is created to operate for more than six
months by:
(a)
the constitution;
(b)
statute;
(c)
judicial order;
(d)
any justice or judge;
(e)
the Judicial Council;
(f)
the state court administrator
,
;

(g)
a district court administrator
,
;
(h)
a
trial court executive
, or
;
(i)
a business and chancery court administrator
;
(j)
a constitutional court administrator if Chapter 5b, Constitutional Court, takes effect as
described in Section
78A-5b-102
; or
(g)
(k)
any clerk or administrator in the judicial branch of state government.
(2)
The Judicial Council shall designate an individual from the Judicial Council's staff to
maintain a computerized database containing information about all judicial boards.
(3)
The individual designated to maintain the database shall:
(a)
ensure that the database contains:
(i)
the name of the judicial board;
(ii)
the statutory or constitutional authority for the creation of the judicial board;
(iii)
the court or other judicial entity under whose jurisdiction the judicial board
operates or with which the judicial board is affiliated, if any;
(iv)
the name, address, gender, telephone number, and county of each individual
currently serving on the judicial board, along with a notation of all vacant or
unfilled positions;
(v)
the title of the position held by the individual who appointed each member of the
judicial board;
(vi)
the length of the term to which each member of the judicial board was appointed
and the month and year that each judicial board member's term expires;
(vii)
the organization, interest group, profession, local government entity, or
geographic area that the member of the judicial board represents, if any;
(viii)
whether or not the judicial board allocates state or federal funds and the amount
of those funds allocated during the last fiscal year;
(ix)
whether the judicial board is a policy board or an advisory board;
(x)
whether or not the judicial board has or exercises rulemaking authority; and
(xi)
any compensation and expense reimbursement that members of the executive
board are authorized to receive;
(b)
make the information contained in the database available to the public upon request;
(c)
cooperate with other entities of state government to publish the data or useful
summaries of the data;
(d)
prepare, publish, and distribute an annual report by April 1 of each year that
includes, as of March 1 of that year:
(i)
the total number of judicial boards;
(ii)
the name of each of those judicial boards and the court, council, administrator,
executive, or clerk under whose jurisdiction the executive board operates or with
which the judicial board is affiliated, if any;
(iii)
for each court, council, administrator, executive, or clerk, the total number of
judicial boards under the jurisdiction of or affiliated with that court, council,
administrator, executive, or clerk;
(iv)
the total number of members for each of those judicial boards;
(v)
whether each board is a policymaking board or an advisory board and the total
number of policy boards and the total number of advisory boards; and
(vi)
the compensation, if any, paid to the members of each of those judicial boards;
and
(e)
distribute copies of the report described in Subsection
(3)(d)
to:
(i)
the chief justice of the Utah Supreme Court;
(ii)
the state court administrator;
(iii)
the governor;
(iv)
the president of the Utah Senate;
(v)
the speaker of the Utah House;
(vi)
the Office of Legislative Research and General Counsel; and
(vii)
any other persons who request a copy of the annual report.
Section 12. Section
78A-2-113
is amended to read:
78A-2-113
. Judicial hiring freeze authorized.
(1)
As used in this section, "General Fund budget deficit" means a situation where General
Fund appropriations made by the Legislature for a fiscal year exceed the estimated
revenues adopted by the Executive Appropriations Committee of the Legislature for the
General Fund in that fiscal year.
(2)
During a General Fund budget deficit, the governor, president of the Senate, speaker of
the House
of Representatives
, and chief justice of the Supreme Court, may, by
unanimous vote, implement a judicial hiring freeze for judicial vacancies for:
(a)
a juvenile court district with three or more juvenile court judges;
(b)
a district court district with three or more district court judges;
(c)
all Business and Chancery Court judges;
(d)
all Constitutional Court judges if Chapter 5b, Constitutional Court, takes effect as
described in Section
78A-5b-102
;
(d)
(e)
all appellate court judges; or
(e)
(f)
any combination of Subsections
(2)(a)
through
(d)
(e)
.
(3)
In implementing a judicial hiring freeze, the governor, president of the Senate, speaker
of the House, and chief justice of the Supreme Court shall:
(a)
establish the length of that hiring freeze; and
(b)
ensure that the hiring freeze lasts at least 90 days, but not longer than the last day of
the annual general session of the Legislature.
Section 13. Section
78A-2-301
is amended to read:
78A-2-301
. Civil fees of the courts of record -- Courts complex design.
(1)
(a)
The fee for filing any civil complaint or petition invoking the jurisdiction of a
court of record not governed by another subsection is $375.
(b)
The fee for filing a complaint or petition is:
(i)
$90 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii)
$200 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000 and less than $10,000;
(iii)
$375 if the claim for damages or amount in interpleader is $10,000 or more;
(iv)
except as provided in Subsection
(1)(b)(v)
, $325 if the petition is filed for an
action described in Title 81, Chapter 4, Dissolution of Marriage;
(v)
$35 for a petition for temporary separation described in Section
81-4-104
;
(vi)
$125 if the petition is for removal from the Sex, Kidnap, and Child Abuse
Offender Registry under Section
53-29-204
,
53-29-205
, or
53-29-206
; and
(vii)
$35 if the petition is for guardianship and the prospective ward is the biological
or adoptive child of the petitioner.
(c)
The fee for filing a small claims affidavit is:
(i)
$60 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $2,000 or less;
(ii)
$100 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is greater than $2,000, but less than $7,500; and
(iii)
$185 if the claim for damages or amount in interpleader exclusive of court costs,
interest, and attorney fees is $7,500 or more.
(d)
The fee for filing a counter claim, cross claim, complaint in intervention, third party
complaint, or other claim for relief against an existing or joined party other than the
original complaint or petition is:
(i)
$55 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii)
$165 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000 and less than $10,000;
(iii)
$170 if the original petition is filed under Subsection
(1)(a)
, the claim for relief is
$10,000 or more, or the party seeks relief other than monetary damages; and
(iv)
$130 if the original petition is filed for an action described in Title 81, Chapter 4,
Dissolution of Marriage.
(e)
The fee for filing a small claims counter affidavit is:
(i)
$50 if the claim for relief exclusive of court costs, interest, and attorney fees is
$2,000 or less;
(ii)
$70 if the claim for relief exclusive of court costs, interest, and attorney fees is
greater than $2,000, but less than $7,500; and
(iii)
$120 if the claim for relief exclusive of court costs, interest, and attorney fees is
$7,500 or more.
(f)
The fee for depositing funds under Section
57-1-29
when not associated with an
action already before the court is determined under Subsection
(1)(b)
based on the
amount deposited.
(g)
The fee for filing a petition is:
(i)
$240 for trial de novo of an adjudication of the justice court or of the small claims
department; and
(ii)
$80 for an appeal of a municipal administrative determination in accordance with
Section
10-3-703.7
.
(h)
The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
petition for writ of certiorari is $240.
(i)
The fee for filing a petition for expungement is $150.
(j)
(i)
Fifteen dollars of the fees established by Subsections
(1)(a)
through
(i)
shall be
allocated to and between the Judges' Contributory Retirement Trust Fund and the
Judges' Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter
17, Judges' Contributory Retirement Act, and Title 49, Chapter 18, Judges'
Noncontributory Retirement Act.
(ii)
Four dollars of the fees established by Subsections
(1)(a)
through
(i)
shall be
allocated by the state treasurer to be deposited into the restricted account,
Children's Legal Defense Account, as provided in Section
51-9-408
.
(iii)
Five dollars of the fees established under Subsections
(1)(a)
through
(e)
, (1)(g),
and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account
as provided in Section
78B-6-209
.
(iv)
Thirty dollars of the fees established by Subsections
(1)(a)
, (1)(b)(iii) and (iv),
(1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state
treasurer to be deposited into the restricted account, Court Security Account, as
provided in Section
78A-2-602
.
(v)
Twenty dollars of the fees established by Subsections
(1)(b)(i)
and
(ii)
, (1)(d)(ii)
and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the
restricted account, Court Security Account, as provided in Section
78A-2-602
.
(k)
The fee for filing a judgment, order, or decree of a court of another state or of the
United States is $35.
(l)
The fee for filing a renewal of judgment in accordance with Section
78B-6-1801
is
50% of the fee for filing an original action seeking the same relief.
(m)
The fee for filing probate or child custody documents from another state is $35.
(n)
(i)
The fee for filing an abstract or transcript of judgment, order, or decree of the
State Tax Commission is $30.
(ii)
The fee for filing an abstract or transcript of judgment of a court of law of this
state or a judgment, order, or decree of an administrative agency, commission,
board, council, or hearing officer of this state or of its political subdivisions other
than the State Tax Commission, is $50.
(o)
The fee for filing a judgment by confession without action under Section
78B-5-205

is $35.
(p)
The fee for filing an award of arbitration for confirmation, modification, or vacation
under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an
action before the court is $35.
(q)
The fee for filing a petition or counter-petition to modify a domestic relations order
other than a protective order or stalking injunction is $100.
(r)
The fee for filing any accounting required by law is:
(i)
$15 for an estate valued at $50,000 or less;
(ii)
$30 for an estate valued at $75,000 or less but more than $50,000;
(iii)
$50 for an estate valued at $112,000 or less but more than $75,000;
(iv)
$90 for an estate valued at $168,000 or less but more than $112,000; and
(v)
$175 for an estate valued at more than $168,000.
(s)
The fee for filing a demand for a civil jury is $250.
(t)
The fee for filing a notice of deposition in this state concerning an action pending in
another state under Utah Rules of Civil Procedure, Rule 30 is $35.
(u)
The fee for filing documents that require judicial approval but are not part of an
action before the court is $35.
(v)
The fee for a petition to open a sealed record is $35.
(w)
The fee for a writ of replevin, attachment, execution, or garnishment is $50 in
addition to any fee for a complaint or petition.
(x)
(i)
The fee for a petition for authorization for a minor to marry required by Section
81-2-304
is $5.
(ii)
The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7,
Emancipation, is $50.
(y)
The fee for a certificate issued under Section
26B-8-128
is $8.
(z)
The fee for a certified copy of a document is $4 per document plus 50 cents per page.
(aa)
The fee for an exemplified copy of a document is $6 per document plus 50 cents per
page.
(bb)
The fee for filing a notice to convene a three-judge panel described in Section
78A-5-102.7
is $1,500.
(bb)
(cc)
The Judicial Council shall, by rule, establish a schedule of fees for copies of
documents and forms and for the search and retrieval of records under Title 63G,
Chapter 2, Government Records Access and Management Act.

Fees under
Subsection
(1)(bb) and (cc)
(1)(cc) and
(dd)
shall be credited to the court as a
reimbursement of expenditures.
(cc)
(dd)
The Judicial Council may, by rule, establish a reasonable fee to allow
members of the public to conduct a limited amount of searches on the Xchange
database without having to pay a monthly subscription fee.
(dd)
(ee)
There is no fee for services or the filing of documents not listed in this section
or otherwise provided by law.
(ee)
(ff)
Except as provided in this section, all fees collected under this section are paid
to the General Fund. Except as provided in this section, all fees shall be paid at the
time the clerk accepts the pleading for filing or performs the requested service.
(ff)
(gg)
The filing fees under this section may not be charged to the state, the state's
agencies, or political subdivisions filing or defending any action. In judgments
awarded in favor of the state, its agencies, or political subdivisions, except the Office
of Recovery Services, the court shall order the filing fees and collection costs to be
paid by the judgment debtor. The sums collected under this Subsection
(1)(ff)
(1)(gg)
shall be applied to the fees after credit to the judgment, order, fine, tax, lien,
or other penalty and costs permitted by law.
(2)
(a)
(i)
From March 17, 1994, until June 30, 1998, the state court administrator shall
transfer all revenues representing the difference between the fees in effect after
May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits
to the Division of Facilities Construction and Management Capital Projects Fund.
(ii)
(A)
Except as provided in Subsection
(2)(a)(ii)(B)
, the Division of Facilities
Construction and Management shall use up to $3,750,000 of the revenue
deposited into the Capital Projects Fund under this Subsection
(2)(a)
to design
and take other actions necessary to initiate the development of a courts
complex in Salt Lake City.
(B)
If the Legislature approves funding for construction of a courts complex in
Salt Lake City in the 1995 Annual General Session, the Division of Facilities
Construction and Management shall use the revenue deposited into the Capital
Projects Fund under this Subsection
(2)(a)(ii)
to construct a courts complex in
Salt Lake City.
(C)
After the courts complex is completed and all bills connected with its
construction have been paid, the Division of Facilities Construction and
Management shall use any money remaining in the Capital Projects Fund under
this Subsection
(2)(a)(ii)
to fund the Vernal District Court building.
(iii)
The Division of Facilities Construction and Management may enter into
agreements and make expenditures related to this project before the receipt of
revenues provided for under this Subsection
(2)(a)(iii)
.
(iv)
The Division of Facilities Construction and Management shall:
(A)
make those expenditures from unexpended and unencumbered building funds
already appropriated to the Capital Projects Fund; and
(B)
reimburse the Capital Projects Fund upon receipt of the revenues provided for
under this Subsection
(2)
.
(b)
After June 30, 1998, the state court administrator shall ensure that all revenues
representing the difference between the fees in effect after May 2, 1994, and the fees
in effect before February 1, 1994, are transferred to the Division of Finance for
deposit in the restricted account.
(c)
The Division of Finance shall deposit all revenues received from the state court
administrator into the restricted account created by this section.
(d)
(i)
From May 1, 1995, until June 30, 1998, the state court administrator shall
transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title
41, Motor Vehicles, in a court of record to the Division of Facilities Construction
and Management Capital Projects Fund. The division of money pursuant to
Section
78A-5-110
shall be calculated on the balance of the fine or bail forfeiture
paid.
(ii)
After June 30, 1998, the state court administrator or a municipality shall transfer
$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor
Vehicles, in a court of record to the Division of Finance for deposit in the
restricted account created by this section. The division of money pursuant to
Section
78A-5-110
shall be calculated on the balance of the fine or bail forfeiture
paid.
(3)
(a)
There is created within the General Fund a restricted account known as the State
Courts Complex Account.
(b)
The Legislature may appropriate money from the restricted account to the state court
administrator for the following purposes only:
(i)
to repay costs associated with the construction of the court complex that were
funded from sources other than revenues provided for under this Subsection
(3)(b)(i)
; and
(ii)
to cover operations and maintenance costs on the court complex.
Section 14. Section
78A-4-102
is amended to read:
78A-4-102
. Number of judges -- Terms -- Presiding judge -- Associate presiding
judge -- Filing fees.
(1)
(a)
The Court of Appeals consists of seven judges.
(b)
The term of appointment to office as a judge of the Court of Appeals is until the first
general election held more than three years after the effective date of the appointment.
(c)
After the first term of appointment under Subsection
(1)(b)
, the term of office of a
judge of the Court of Appeals is six years and commences on the first Monday in
January, next following the date of election.
(d)
A judge whose term expires may serve, upon request of the Judicial Council, until a
successor is appointed and qualified.
(e)
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
,
and a judge of the Court of Appeals is appointed to the Constitutional Court and does
not vacate the judge's appointment to the Court of Appeals as described in Section
78A-5b-201
, the appointment to the Constitutional Court does not modify the judge's
term of office described in this Subsection
(1)
for the judge's appointment to the
Court of Appeals.
(2)
(a)
The Court of Appeals shall sit and render judgment in panels of three judges.
(b)
Assignment to panels shall be by random rotation of all judges of the Court of
Appeals.
(c)
The Court of Appeals by rule shall provide for the selection of a chair for each panel.
(d)
The Court of Appeals may not sit en banc.
(3)
(a)
The judges of the Court of Appeals shall elect a presiding judge from among the
members of the court by majority vote of all judges.
(b)
The term of office of the presiding judge is two years and until a successor is elected.
(c)
A presiding judge of the Court of Appeals may serve in that office no more than two
successive terms.
(d)
The Court of Appeals may by rule provide for an acting presiding judge to serve in
the absence or incapacity of the presiding judge.
(e)
The presiding judge of the Court of Appeals shall receive $2,000 per annum of
additional compensation for the period served as presiding judge.
(4)
(a)
The presiding judge may be removed from the office of presiding judge by
majority vote of all judges of the Court of Appeals.
(b)
In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:
(i)
administer the rotation and scheduling of panels;
(ii)
act as liaison with the Supreme Court;
(iii)
call and preside over the meetings of the Court of Appeals; and
(iv)
carry out duties prescribed by the Supreme Court and the Judicial Council.
(5)
(a)
The judges of the Court of Appeals shall elect an associate presiding judge from
among the members of the court by majority vote of all judges.
(b)
The associate presiding judge of the Court of Appeals shall receive $1,000 per
annum as additional compensation for the period served as associate presiding judge.
(6)
Filing fees for the Court of Appeals are the same as for the Supreme Court.
Section 15. Section
78A-4-103
is amended to read:
78A-4-103
. Jurisdiction of Court of Appeals.
(1)
As used in this section, "adjudicative proceeding" does not include a proceeding under
Title 63G, Chapter 2, Part 4, Appeals
, that precedes judicial review under Section
63G-2-404
.
(2)
The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all
writs and process necessary:
(a)
to carry into effect the judgments, orders, and decrees of the Court of Appeals; or
(b)
in aid of the jurisdiction of the Court of Appeals.
(3)
The Court of Appeals has original appellate jurisdiction, including original appellate
jurisdiction of an interlocutory appeal, over:
(a)
(i)
except as provided in Subsection
78A-3-102(4)(a)(i)
, a final agency action, as
described in Section
63G-4-403
, originating from:
(A)
a formal adjudicative proceeding of a state agency;
(B)
a special adjudicative proceeding, as described in Section
19-1-301.5
; or
(C)
a hearing before a local school board or the State Board of Education as
described in Section
53G-11-515
; or
(ii)
except as provided in Subsection
78A-3-102(4)(a)(ii)
, an appeal from the district
court review of an informal adjudicative proceeding of an agency;
(b)
appeals from the district court review of:
(i)
adjudicative proceedings of agencies of political subdivisions of the state or other
local agencies; and
(ii)
a challenge to agency action under Section
63G-3-602
;
(c)
appeals from the juvenile courts;
(d)
interlocutory appeals from any court of record in criminal cases, except those
involving a charge of a first degree or capital felony;
(e)
appeals from a court of record in criminal cases, except those involving a conviction
or charge of a first degree felony or capital felony;
(f)
appeals from orders on petitions for extraordinary writs sought by persons who are
incarcerated or serving any other criminal sentence, except for petitions constituting a
challenge to a conviction of or the sentence for a first degree or capital felony;
(g)
appeals from the orders on petitions for extraordinary writs challenging the decisions
of the Board of Pardons and Parole except in cases involving a first degree or capital
felony;
(h)
appeals from district court involving domestic relations cases, including, but not
limited to, divorce, annulment, property division, child custody, support, parent-time,
visitation, adoption, and paternity;
(i)
appeals from the Utah Military Court; and
(j)
cases transferred to the Court of Appeals from the Supreme Court.
(4)
The Court of Appeals does not have appellate jurisdiction over an appeal of an
injunctive order described in Section
78B-5-1002
.
(5)
Notwithstanding Subsection
(3)
, the Court of Appeals upon its own motion only and by
the vote of four judges of the court may certify to the Supreme Court for original
appellate review and determination any matter over which the Court of Appeals has
original appellate jurisdiction.
(6)
The Court of Appeals shall comply with the requirements of
Title 63G, Chapter 4,
Administrative Procedures Act
, in the Court of Appeals's review of an agency
adjudicative proceeding.
(7)
A Court of Appeals judge may sit as a member of a panel for the Constitutional Court if:
(a)
Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
;
(b)
the Court of Appeals judge is designated by the presiding officer of the Judicial
Council to sit as a member of a panel as described in Section
78A-5a-202
; and
(c)
a Constitutional Court judge is unable to sit on the panel due to recusal or
disqualification.
Section 16. Section
78A-5-102
is amended to read:
78A-5-102
. Jurisdiction of the district court -- Appeals.
(1)
Except as otherwise provided by the Utah Constitution or by statute, the district court
has original jurisdiction in all matters civil and criminal.
(2)
A district court judge may:
(a)
issue all extraordinary writs and other writs necessary to carry into effect the district
court judge's

orders, judgments, and decrees;
and
(b)
preside over an action for which the Business and Chancery Court has jurisdiction if:
(i)
the district court judge is designated by the presiding officer of the Judicial
Council to preside over an action in the Business and Chancery Court as described
in Section
78A-1-103.5
; and
(ii)
a Business and Chancery Court judge is unable to preside over the action due to
recusal or disqualification
.
; and
(c)
sit as a member of a panel for the Constitutional Court if:
(i)
Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
;
(ii)
the district court judge is designated by the presiding officer of the Judicial
Council to sit as a member of a panel as described in Section
78A-5a-202
; and
(iii)
a Constitutional Court judge is unable to sit on the panel due to recusal or
disqualification.
(3)
The district court has jurisdiction:
(a)
over matters of lawyer discipline consistent with the rules of the Supreme Court;
(b)
over all matters properly filed in the circuit court
prior to
before
July 1, 1996;
(c)
to enforce foreign protective orders as described in Subsection
78B-7-303(8)
;
(d)
to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;
(e)
over a petition seeking to terminate parental rights as described in Section
81-13-205
;
(f)
except as provided in Subsection
78A-6-103(2)(a)(xiv)
or
(xv)
, over an adoption
proceeding; and
(g)
to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4,
Declaratory Judgments.
(4)
The district court has appellate jurisdiction over judgments and orders of the justice
court as outlined in Section
78A-7-118
and small claims appeals filed in accordance
with Section
78A-8-106
.
(5)
The district court has jurisdiction to review:
(a)
a municipal administrative proceeding as described in Section
10-3-703.7
;
(b)
a decision resulting from a formal adjudicative proceeding by the State Tax
Commission as described in Section
59-1-601
;
(c)
except as provided in Section
63G-4-402
, a final agency action resulting from an
informal adjudicative proceeding as described in Title 63G, Chapter 4,
Administrative Procedures Act; and
(d)
by trial de novo, a final order of the Department of Transportation resulting from
formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2,
Junkyard Control Act.
(6)
The district court has original and exclusive jurisdiction over an action brought under
Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(7)
The district court has exclusive jurisdiction to modify a juvenile court's permanent
custody and guardianship order as described in Subsection
78A-6-357(3)(e)(ii)
.
(8)
Notwithstanding Section
78A-7-106
, the district court has original jurisdiction over a
class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an
ordinance for which a justice court has original jurisdiction under Section
78A-7-106
if:
(a)
there is no justice court with territorial jurisdiction;
(b)
the offense occurred within the boundaries of the municipality in which the district
courthouse is located and that municipality has not formed, or has formed and
dissolved, a justice court; or
(c)
the offense is included in an indictment or information covering a single criminal
episode alleging the commission of a felony or a class A misdemeanor by an
individual who is 18 years old or older.
(9)
If a district court has jurisdiction in accordance with Subsection
(4)
, (8)(a), or (8)(b), the
district court has jurisdiction over an offense listed in Subsection
78A-7-106(2)
even if
the offense is committed by an individual who is 16 or 17 years old.
(10)
The district court has subject matter jurisdiction over an action under Title 78B,
Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the
district court.
(11)
(a)
The district court has subject matter jurisdiction over a criminal action that the
justice court transfers to the district court.
(b)
Notwithstanding Subsection
78A-7-106(1)
, the district court has original jurisdiction
over any refiled case of a criminal action transferred to the district court if the district
court dismissed the transferred case without prejudice.
(12)
If the juvenile court has concurrent jurisdiction under Subsection
78A-6-104(1)(a)(i)

over a parentage action filed in the district court, the district court may transfer
jurisdiction over the parentage action to the juvenile court.
(13)
The district court shall transfer an action to the Business and Chancery Court if:
(a)
the district court determines transfer is required or appropriate under Utah Rules of
Civil Procedure, Rule 42; and
(b)
the action meets the jurisdictional requirements of the Business and Chancery Court.
(13)
(14)
The Supreme Court and Court of Appeals have jurisdiction over an appeal from
a final order, judgment, and decree of the district court as described in Sections
78A-3-102
and
78A-4-103
.
The following section is affected by a revisor instruction at the end of this bill.
Section 17. Section
78A-5-102.7
is repealed and reenacted to read:
78A-5-102.7
. Three-judge panel in the district court -- Requirements.
(1)
As used in this section:
(a)
"Panel" means a panel of three district court judges that is convened under this
section to hear and decide an action.
(b)
(i)
"State entity" means the state or any agency, department, board, or commission
of the state.
(ii)
"State entity" includes the Legislature and any committee of the Legislature.
(c)
"State official" means:
(i)
a member of the Legislature;
(ii)
the governor;
(iii)
the lieutenant governor;
(iv)
a member of the governor's cabinet;
(v)
the state auditor;
(vi)
the state treasurer; or
(vii)
the attorney general.
(2)
(a)
A party to a civil action may file a notice in the district court that a panel of three
district court judges shall be convened to hear and decide the civil action if the civil
action:
(i)
is challenging the constitutionality of a state statute or legislation, a provision of
the Utah Constitution, an action or inaction of the Legislature, an executive order,
an administrative rule, or an inaction by the executive branch;
(ii)
is seeking a declaratory judgment or injunctive relief; and
(iii)
is brought against a state entity or a state official in the state official's capacity.
(b)
The time periods described in Utah Rules of Civil Procedure, Rule 42, apply to a
notice described in this Subsection
(2)
.
(c)
A notice to convene a panel that was filed before the effective date of this bill and
met the requirements of this section and Utah Rules of Civil Procedure, Rule 42, at
the time the notice was filed is valid.
(3)
(a)
Upon the filing of a notice under Subsection
(2)
, a panel of three district court
judges shall hear and decide, by majority decision, the civil action in accordance with
this section.
(b)
Each judge on a panel described in Subsection
(3)(a)
shall be:
(i)
selected at random; and
(ii)
from a different judicial district than the other judges on the panel.
(4)
The panel shall adjudicate any challenge as to whether the notice to convene the panel
complied with the requirements of this section and Utah Rules of Civil Procedure, Rule
42.
(5)
(a)
Except as provided in Subsection
(5)(b)
or
(c)
, a chief judge from the panel shall
conduct all proceedings in an action before the panel.
(b)
A panel shall sit en banc for:
(i)
an adjudication of a notice to convene the panel as described in Subsection
(4)
;
(ii)
a discovery dispute between the parties that involves a constitutional issue or
right;
(iii)
a trial;
(iv)
an order for an injunction or temporary restraining order; or
(v)
a motion that would dispose of the action or any claim or defense in the action.
(c)
Upon a party's request, or by majority vote of the panel, the panel may sit en banc for
any issue before the panel.
(d)
A judge on a panel may concur or dissent from any decision for which the panel sits
en banc.
(6)
(a)
Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action before
a panel.
(b)
Any requirement in the Utah Code to file or bring an action in a specific district or
county does not apply to an action before a panel.
(7)
(a)
Before March 7, 2026, the Judicial Council shall:
(i)
by rule, create a process by which a district court judge is assigned to a panel by
random selection, including any reassignment of a district court judge on a panel
due to disqualification, recusal, or a change of judge as a matter of right; and
(ii)
establish and maintain a list of judges who the Judicial Council determines are
qualified to serve on a panel.
(b)
The list established under Subsection
(7)(a)
shall consist of at least 50% of the
district court judges from each district.
(c)
The Judicial Council shall post the list described in Subsection
(7)(a)
on the website
for the Utah state courts with information on the dates and number of times that a
judge has served on a panel.
(8)
The Judicial Council shall hire a coordinator and staff to assist any panel convened
under this section.
Section 18. Section
78A-5-103
is amended to read:
78A-5-103
. District court case management.
(1)
As used in this section:
(a)
"Municipal case" means a criminal case:
(i)
filed in a district court by a city attorney on behalf of a municipality;
(ii)
appealed from a municipal justice court to a district court; or
(iii)
transferred to a district court by a municipal justice court.
(b)
"Municipality" means the same as that term is defined in Section
10-1-104
.
(c)
"Municipality's principal office" means the primary location where the municipality
conducts official administrative business
.
(1)
(2)
The district court of each district shall develop systems of case management.
(2)
(3)
The case management systems developed by a district court shall:
(a)
ensure judicial accountability for the just and timely disposition of cases; and
(b)
provide for each judge a full judicial
work load
workload
that accommodates
differences in the subject matter or complexity of cases assigned to different judges.
(3)
(4)
(a)
A district court may establish divisions within the court for the efficient
management of different types of cases.

(b)
The existence of divisions within the court may not:
(a)
(i)
affect the jurisdiction of the court nor the validity of court orders; or
(b)
(ii)
impede public access to the courts.
(5)
(a)
(i)
Except as provided in Subsection
(5)(b)
, management of municipal cases,
the presiding judge of each judicial district shall:
(A)
assign at least one judge to hear a municipality's municipal cases;
(B)
ensure that the number of judges assigned to hear a municipality's municipal
cases does not exceed one judge for every 500 municipal cases that the
municipality files, appeals, or transfers in the calendar year; and
(C)
except as provided in Subsection
(5)(a)(iii)
, ensure that each municipal case is
heard in the closest possible location to the municipality.
(ii)
The location described in Subsection
(5)(a)(i)(C)
shall be measured by driving
distance to the municipality's principal office.
(iii)
A municipal case may be heard in a location other than the location described in
Subsection
(5)(a)(i)(C)
if the presiding judge finds good cause for the municipal
case to be heard in a different location.
(b)
The requirements described in Subsection
(5)(a)
do not apply to the management of a
municipality's municipal cases if the municipality and the presiding judge of the
judicial district enter into a memorandum of understanding that specifies a different
arrangement for managing the municipality's municipal cases.
Section 19. Section
78A-5-105
is amended to read:
78A-5-105
. Term of judges -- Vacancy.
(1)
(a)
Judges of the district courts shall be
A judge of the district court is
appointed
initially until the first general election held more than three years after the effective
date of the appointment.
Thereafter, the
(b)
After the first term of appointment under Subsection
(1)(a)
, the
term of office for
judges of the district courts
a judge of the district court
is six years, and commences
on the first Monday in January, next following the date of election.
(2)
A judge whose term expires may serve, upon request of the Judicial Council, until a
successor is appointed and qualified.
(3)
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
,
and a judge of the district court is appointed to the Constitutional Court and does not
vacate the judge's appointment to the district court as described in Section
78A-5b-201
,
the appointment to the Constitutional Court does not modify the judge's term of office
described in this section for the judge's appointment to the district court.
Section 20. Section
78A-5a-301
is amended to read:
78A-5a-301
. Publication of decisions and orders.
The Business and Chancery Court shall:
(1)
publish all final decisions and orders issued by the Business and Chancery Court; and
(2)
make all final decisions and orders public on the Utah Courts' website.
The Business
and Chancery Court shall publish on the website for the Utah state courts any final
decision or order issued by the Business and Chancery Court that the Business and
Chancery Court determines would be valuable precedent or in the interest of the public.
Section 21. Section
78A-5a-302
is amended to read:
78A-5a-302
. Tentative ruling before oral argument.
The Business and Chancery Court shall provide the parties with a proposed ruling on
each motion within
48 hours before the day on which oral argument is held on the motion.
Within 48 hours before the day on which oral argument is held, the Business and Chancery
Court:
(1)
shall provide the parties with a proposed ruling on each dispositive motion; and
(2)
may provide a proposed ruling on any other type of motion.
Section 22. Section
78A-5b-101
is enacted to read:
5b. Constitutional Court
1. General Provisions
78A-5b-101
. Definitions for chapter.
As used in this chapter:
(1)
"Judicial Council" means the same as that term is defined in Section
78A-2-103
.
(2)
(a)
"State entity" means the state or any agency, department, board, or commission of
the state.
(b)
"State entity" includes the Legislature and any committee of the Legislature.
(3)
"State official" means:
(a)
a member of the Legislature;
(b)
the governor;
(c)
the lieutenant governor;
(d)
a member of the governor's cabinet;
(e)
the state auditor;
(f)
the state treasurer; or
(g)
the attorney general.
Section 23. Section
78A-5b-102
is enacted to read:
78A-5b-102
. Effect of chapter contingent on court ruling.
This chapter only becomes effective if a court invalidates or enjoins Section
78A-5-102.7
.
Section 24. Section
78A-5b-103
is enacted to read:
78A-5b-103
. Establishment of the Constitutional Court -- Organization and
status.
(1)
There is established the Constitutional Court for the state.
(2)
The Constitutional Court is a court of record.
(3)
The Constitutional Court is a trial court with limited and statewide jurisdiction over
actions and claims as described in Section
78A-5b-103
.
(4)
The Constitutional Court is of equal status with the district and juvenile courts and the
Business and Chancery Court of the state.
(5)
The Constitutional Court is established as a forum for the resolution of all matters
properly brought before the Constitutional Court and consistent with applicable
constitutional and statutory requirements of due process.
(6)
The Constitutional Court shall have a seal.
(7)
The judges and clerks of the Constitutional Court have the power to administer oaths
and affirmations.
Section 25. Section
78A-5b-104
is enacted to read:
78A-5b-104
. Jurisdiction of the Constitutional Court -- Judgment by panel --
District court action.
(1)
The Constitutional Court has exclusive jurisdiction over:
(a)
a civil action filed on or after the effective date of this chapter if the civil action:
(i)
is challenging the constitutionality of a state statute or legislation, a provision of
the Utah Constitution, an action or inaction of the Legislature, an executive order,
an administrative rule, or an inaction by the executive branch;
(ii)
is seeking a declaratory judgment or injunctive relief; and
(iii)
is brought against a state entity or a state official in the state official's capacity;
(b)
a civil action filed before the effective date of this chapter if:
(i)
the civil action is challenging the constitutionality of a state statute or legislation, a
provision of the Utah Constitution, an action or inaction of the Legislature, an
executive order, an administrative rule, or an inaction by the executive branch;
(ii)
the civil action is seeking a declaratory judgment or injunctive relief;
(iii)
the civil action is brought in the district court against a state entity or a state
official in the state official's capacity; and
(iv)
a party files a notice of removal within 45 days after the effective date of this
chapter.
(2)
If a party files a notice of removal under Subsection
(1)(b)
, the Constitutional Court
shall adjudicate any challenge as to whether the notice of removal complied with the
requirements of Subsection
(1)(b)
.
(3)
A court shall transfer an action to the Constitutional Court if:
(a)
a party brings the civil action for which the Constitutional Court has exclusive
jurisdiction under Subsection
(1)(a)
in the court; or
(b)
a party files a notice of removal under Subsection
(1)(b)
.
(4)
A party to a civil action in the Constitutional Court may not seek to transfer the action
to another trial court of this state, unless the Constitutional Court lacks jurisdiction over
the action.
Section 26. Section
78A-5b-105
is enacted to read:
78A-5b-105
. Venue for Constitutional Court.
(1)
Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action brought in
the Constitutional Court.
(2)
Any requirement in the Utah Code to file or bring an action in a specific district or
county does not apply to an action brought in the Constitutional Court.
Section 27. Section
78A-5b-201
is enacted to read:
2. Administration
78A-5b-201
. Judges of Constitutional Court -- Terms.
(1)
If a judge of the district court or Court of Appeals is appointed and confirmed to the
Constitutional Court, the judge is not required to vacate the judge's appointment to the
district court or Court of Appeals to serve as a judge of the Constitutional Court.
(2)
(a)
A judge of the Constitutional Court is appointed to initially serve as a judge of the
Constitutional Court until the first general election held more than three years after
the day on which the appointment is effective.
(b)
After the initial term described in Subsection
(2)(a)
, the term of office of a judge of
the Constitutional Court is six years and commences on the first Monday in January
following the date of election.
(c)
A judge of the Constitutional Court whose term expires may serve, upon request of
the Judicial Council, until a successor is appointed and qualified.
Section 28. Section
78A-5b-202
is enacted to read:
78A-5b-202
. Decision by panel.
(1)
Except as provided in Subsection
(2)(a)
, a single judge of the Constitutional Court may
conduct all proceedings in an action before the Constitutional Court.
(2)
(a)
The Constitutional Court shall sit en banc for:
(i)
an adjudication of a challenge to a notice of removal as described in Subsection
78A-5b-104(2)
;
(ii)
a discovery dispute between the parties that involves a constitutional issue or
right;
(iii)
a trial;
(iv)
a proceeding regarding whether to grant injunctive relief; or
(v)
a motion that would dispose of the action or any claim or defense in the action.
(b)
Upon a party's request, or by majority vote of the judges of the Constitutional Court,
the Constitutional Court may sit en banc for any issue before the Constitutional Court.
(c)
A judge of the Constitutional Court may concur or dissent from any decision for
which the Constitutional Court sits en banc.
(3)
(a)
If a judge of the Constitutional Court is unable to participate in a trial or
proceeding described in Subsection
(2)
due to recusal or disqualification, a district
court judge or Court of Appeals judge may be assigned to sit on the panel and
participate in the trial or proceeding.
(b)
The presiding officer of the Judicial Council shall designate a pool of three district
court judges or Court of Appeals judges to be randomly assigned to the
Constitutional Court to sit on the panel when a judge of the Constitutional Court is
unable to sit on the panel due to recusal or disqualification.
Section 29. Section
78A-5b-203
is enacted to read:
78A-5b-203
. Presiding judge -- Associate presiding judge -- Compensation --
Powers -- Duties.
(1)
The judges of the Constitutional Court shall elect a presiding judge from among the
members of the court by majority vote of all judges.
(2)
The presiding judge shall receive $2,000 per annum as additional compensation for the
period served as presiding judge.
(3)
The presiding judge has the following authority and responsibilities, consistent with the
policies of the Judicial Council:
(a)
implementing policies of the Judicial Council; and
(b)
exercising powers and performing administrative duties as authorized by the Judicial
Council.
(4)
(a)
The judges of the Constitutional Court may elect an associate presiding judge
from among the members of the court by majority vote of all judges.
(b)
The associate presiding judge shall receive $1,000 per annum as additional
compensation for the period served as associate presiding judge.
(5)
(a)
When the presiding judge is unavailable, the associate presiding judge shall
assume the responsibilities of the presiding judge.
(b)
The associate presiding judge shall perform other duties assigned by the presiding
judge.
Section 30. Section
78A-5b-204
is enacted to read:
78A-5b-204
. Administrative system -- Case management -- Clerk of the court --
Employees.
(1)
(a)
There is established the State Constitutional Court Administrative System.
(b)
The Judicial Council shall administer the operation of the State Constitutional Court
Administrative System.
(2)
The Constitutional Court shall develop a case management system that ensures judicial
accountability for the just and timely disposition of cases.
(3)
The clerk of the Constitutional Court shall:
(a)
take charge of and safely keep the court seal;
(b)
take charge of and safely keep or dispose of all books, papers, and records filed or
deposited with the clerk and all other records required by law or the rules of the
Judicial Council;
(c)
issue all notices, processes, and summonses as authorized by law;
(d)
keep a record of all proceedings, actions, orders, judgments, and decrees of the court;
(e)
supervise the deputy clerks as required to perform the duties of the clerk's office; and
(f)
perform other duties as required by the presiding judge, the constitutional court
administrator, applicable law, and the rules of the Judicial Council.
(4)
All employees, except judges of the Constitutional Court, are selected, promoted, and
discharged through the state court's personnel system for the Constitutional Court under
the direction and rules of the Judicial Council.
Section 31. Section
78A-5b-205
is enacted to read:
78A-5b-205
. Location of the Constitutional Court.
(1)
The Constitutional Court may perform any of the Constitutional Court's functions in any
location within the state.
(2)
The Judicial Council shall provide, from appropriations made by the Legislature, court
space suitable for the conduct of court business for the Constitutional Court.
(3)
In order to carry out the Judicial Council's obligation to provide facilities for the
Constitutional Court, the Judicial Council may lease space to be used by the
Constitutional Court.
(4)
A lease or reimbursement for the Constitutional Court must comply with the standards
of the Division of Facilities Construction and Management that are applicable to state
agencies.
(5)
The cost of salaries, travel, and training required for the discharge of the duties of
judges, secretaries of judges or court executives, court executives, and court reporters
for the Constitutional Court are paid from appropriations made by the Legislature.
Section 32. Section
78A-5b-206
is enacted to read:
78A-5b-206
. Court sessions.
The Constitutional Court shall hold court at least once in each quarter of the year.
Section 33. Section
78A-10a-202
is amended to read:
78A-10a-202
. Notice of a vacancy -- Recruitment period for judicial vacancy --
Convening a judicial nominating commission.
(1)
(a)
Unless a hiring freeze is implemented in accordance with Section
78A-2-113
Except as otherwise provided by this section
, the governor shall ensure that:
(i)
except as provided in Subsection
(1)(a)(ii)
if sufficient notice of a judicial
vacancy is given to the governor
, the recruitment period to fill a judicial vacancy
begins 235 days before the effective date of the judicial vacancy;
(ii)
if sufficient notice of a judicial vacancy is not given to the governor, the
recruitment period to fill a judicial vacancy begins within 10 days after the day on
which the governor receives notice;
(iii)
except as provided in Subsection
(1)(b)
,
the recruitment period is a minimum
of at least 30 days but no more than 90 days; and
(iv)
the chair of the commission having authority over the vacancy convenes a
meeting no more than 10 days after the close of the recruitment period.
(b)
If fewer than nine applications are received for a judicial vacancy, the governor may
extend the recruitment period described in Subsection
(1)(a)(iii)
up to 30 days.
(2)
If there is a hiring freeze implemented in accordance with Section
78A-2-113
, the time
periods described in Subsection
(1)
shall begin to run on the day that the hiring freeze
ends.
(3)
If Chapter 5b, Constitutional Court, takes effect as described in Section
78A-5b-102
,
and a district court judge or Court of Appeals judge is appointed and confirmed as a
judge of the Constitutional Court, the judge shall notify the governor as to whether the
judge intends to vacate the judge's appointment to the district court or Court of Appeals.
Section 34. Section
78A-10a-203
is amended to read:
78A-10a-203
. Procedures for judicial nomination commission -- Meetings --
Certification -- Governor appointment.
(1)
(a)
A commission may:
(i)
meet as necessary to perform the commission's function; and
(ii)
investigate the applicants of a judicial vacancy, including seeking input from
members and employees of the judiciary and the community.
(b)
A commission may consult with the Judicial Council regarding the applicants for a
judicial vacancy.
(c)
A commission is exempt from the requirements of
Title 52, Chapter 4, Open and
Public Meetings Act
.
(2)
(a)
In determining which of the applicants are the most qualified, a commission shall
determine by a majority vote of the commissioners present which of the applicants
best possess the ability, temperament, training, and experience that qualifies an
applicant for the office.
(b)
In addition to Subsection
(2)(a)
, the Constitutional Court Nominating Commission
shall select applicants in accordance with the requirements described in Section
78A-10a-606
.
(3)
(a)
Except as provided under Subsection
(3)(b)
:
(i)
the
appellate court nominating commission
Appellate Court Nominating
Commission
shall certify to the governor a list of the seven most qualified
applicants per judicial vacancy;
(ii)
a district and juvenile court nominating commission shall certify to the governor a
list of the five most qualified applicants per judicial vacancy;
and
(iii)
the
business and chancery court nominating commission
Business and Chancery
Court Nominating Commission
shall certify to the governor a list of the seven
most qualified applicants per judicial vacancy
.
; and
(iv)
the Constitutional Court Nominating Commission shall certify to the governor a
list of the seven most qualified applicants per judicial vacancy.
(b)
If a commission is considering applicants for more than one judicial vacancy existing
at the same time and for the same court, the commission shall include one additional
applicant for each additional judicial vacancy in the court in the list of applicants the
commission certifies to the governor.
(4)
A commission shall certify a list to the governor under Subsection
(3)
no more than 45
days after convening in accordance with Section
78A-10a-202
.
(5)
A commission shall, at the time that the commission certifies a list of the most qualified
applicants to the governor, submit the same list to the president of the Senate, the Senate
minority leader, and the Office of Legislative Research and General Counsel.
(6)
A commission shall ensure that the list of applicants certified to the governor:
(a)
meet the qualifications required by law to fill the office; and
(b)
are willing to serve.
(7)
In determining which of the applicants are the most qualified, a commission may not
decline to certify an applicant's name to the governor because:
(a)
the commission declined to submit that applicant's name to the governor to fill a
previous judicial vacancy;
(b)
a previous commission declined to submit that applicant's name to the governor; or
(c)
the commission or a previous commission submitted the applicant's name to the
governor and the governor selected another individual to fill the judicial vacancy.
(8)
A commission may not certify:
(a)
an applicant who is a justice or judge that was not retained by the voters for the
office for which the justice or judge was defeated until after the expiration of that
justice's or judge's term of office; and
(b)
an applicant who has served on a commission within six months after the day on
which the commission was last convened.
(9)
The governor shall fill a judicial vacancy within 30 days after the day on which the
governor received the list of nominees from the commission.
(10)
If the governor fails to fill a judicial vacancy within 30 days after the day on which the
governor received the list of nominees from the commission, the chief justice of the
Supreme Court shall, within 20 days, appoint an applicant from the list of nominees
certified to the governor by the commission.
Section 35. Section
78A-10a-601
is enacted to read:
6. Constitutional Court Nominating Commission
78A-10a-601
. Definitions for part.
As used in this part:
(1)
"Commission" means the Constitutional Court Nominating Commission created in
Section
78A-10a-602
.
(2)
"Commissioner" means an individual appointed by the governor to serve on the
commission.
Section 36. Section
78A-10a-602
is enacted to read:
78A-10a-602
. Effect of part contingent on court ruling.
This part only becomes effective if a court invalidates or enjoins Section
78A-5-102.7
.
Section 37. Section
78A-10a-603
is enacted to read:
78A-10a-603
. Creation of commission.
(1)
There is created the Constitutional Court Nominating Commission.
(2)
The Constitutional Court Nominating Commission shall nominate individuals to fill
judicial vacancies on the Constitutional Court.
Section 38. Section
78A-10a-604
is enacted to read:
78A-10a-604
. Membership -- Appointment -- Vacancies -- Removal.
(1)
The Constitutional Court Nominating Commission shall consist of seven
commissioners, each appointed by the governor to serve a four-year term.
(2)
A commissioner shall:
(a)
be a United States citizen;
(b)
be a resident of Utah; and
(c)
serve until the commissioner's successor is appointed.
(3)
The governor may not appoint:
(a)
a commissioner to serve successive terms; or
(b)
a member of the Legislature to serve as a member of the commission.
(4)
In determining whether to appoint an individual to serve as a commissioner, the
governor shall consider whether the individual's appointment would ensure that the
commission selects applicants without any regard to partisan political consideration.
(5)
The governor shall appoint the chair of the commission from among the membership of
the commission.
(6)
The governor shall fill any vacancy in the commission caused by the expiration of a
commissioner's term.
(7)
(a)
If a commissioner is disqualified, removed, or is otherwise unable to serve, the
governor shall appoint a replacement commissioner to fill the vacancy for the
unexpired term.
(b)
A replacement commissioner appointed under Subsection
(7)(a)
may not be
reappointed upon expiration of the term of service.
(8)
The governor may remove a commissioner from the commission at any time with or
without cause.
Section 39. Section
78A-10a-605
is enacted to read:
78A-10a-605
. Procedure -- Staff -- Rules -- Recusal.
(1)
Four commissioners are a quorum.
(2)
The governor shall appoint a member of the governor's staff to serve as staff to the
commission.
(3)
The governor shall:
(a)
ensure that the commission follows the rules promulgated by the State Commission
on Criminal and Juvenile Justice under Section
78A-10a-201
; and
(b)
resolve any questions regarding the rules described in Subsection
(3)(a)
.
(4)
A commissioner who is a licensed attorney may recuse oneself if there is a conflict of
interest that makes the commissioner unable to serve.
Section 40. Section
78A-10a-606
is enacted to read:
78A-10a-606
. Expenses -- Per diem and travel.
A commissioner may not receive compensation or benefits for the commissioner's
service but may receive per diem and travel expenses in accordance with:
(1)
Section
63A-3-106
;
(2)
Section
63A-3-107
; and
(3)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
Section 41. Section
78A-10a-607
is enacted to read:
78A-10a-607
. Selection requirements for applicants.
(1)
In selecting applicants who are the most qualified to serve on the Constitutional Court,
the commission shall give precedence to an applicant who:
(a)
is a judge or justice; or
(b)
has previously served as a judge or justice.
(2)
The commission shall make every effort to select applicants for the Constitutional Court
that would result in each judge on the Constitutional Court having primarily practiced
law or served as a judge in a different judicial district than the other judges on the
Constitutional Court.
Section 42. Section
78A-11-102
is amended to read:
78A-11-102
. Definitions.
As used in this chapter:
(1)
"Commission" means the Judicial Conduct Commission established by Utah
Constitution
,
Article VIII, Section 13, and this chapter.
(2)
(a)
"Complaint" includes:
(i)
a written complaint against a judge; or
(ii)
an allegation based on reliable information received in any form, from any
source, that alleges, or from which a reasonable inference can be drawn that a
judge is in violation of any provision of Utah Constitution
,
Article VIII, Section
13.
(b)
"Complaint" does not include an allegation initiated by the commission or
its
the
commission's
staff.
(3)
"Investigation" means an inquiry into an allegation of misconduct, including a search
for and examination of evidence concerning the allegations, which begins upon the
receipt of a complaint and is completed when either the complaint is dismissed by a
majority vote of the commission or when an order is sent to the Supreme Court for its
review in accordance with Utah Constitution
,
Article VIII, Section 13.
(4)
"Judge" includes
:

(a)
the chief justice of the Supreme Court
,
;

(b)
a justice of the Supreme Court
,
;

(c)
a judge of the Court of Appeals
,
;

(d)
a judge of the Business and Chancery Court
,
;
(e)
a judge of the Constitutional Court if Chapter 5b, Constitutional Court, takes effect
as described in Section
78A-5b-102
;

(f)
a district court judge
,
;

(g)
an active senior judge
,
;

(h)
a juvenile court judge
,
;

(i)
a justice court judge
,
;

(j)
an active senior justice court judge
,
;
and
(k)
a judge pro tempore of any court of this state.
Section 43. Section
78B-3a-102
is amended to read:
78B-3a-102
. Applicability of this chapter.
(1)
Except as otherwise provided by another provision of the Utah Code, a plaintiff shall
bring an action in accordance with the requirements of this chapter.
(2)
The requirements of this chapter do not apply to
:
(a)

an action brought in the Business and Chancery Court
.
; or
(b)
an action brought in the Constitutional Court if Title 78A, Chapter 5b, Constitutional
Court, takes effect as described in Section
78A-5b-102
.
Section 44. Section
78B-5-202
is amended to read:
78B-5-202
. Duration of judgment -- Judgment as a lien upon real property --
Abstract of judgment -- Small claims judgment not a lien -- Appeal of judgment -- Child
support orders.
(1)
(a)
Judgments shall continue for eight years from the date of entry in a court unless
previously satisfied, renewed, or unless enforcement of the judgment is stayed in
accordance with law.
(b)
Entry of an order renewing a judgment:
(i)
maintains the date of the original judgment;
(ii)
maintains the priority of collection of the judgment; and
(iii)
except as explicitly provided otherwise by law or contract, begins anew the time
limitation for an action upon the judgment.
(2)
Before July 1, 1997, except as limited by Subsections
(4)
and
(5)
, the entry of judgment
by a district court creates a lien upon the real property of the judgment debtor, not
exempt from execution, owned or acquired during the existence of the judgment, located
in the county in which the judgment is entered.
(3)
An abstract of judgment issued by the court in which the judgment is entered may be
filed in any court of this state and shall have the same force and effect as a judgment
entered in that court.
(4)
Before July 1, 1997, and after May 15, 1998, a judgment entered in a small claims
action may not qualify as a lien upon real property unless abstracted to the district court
and recorded in accordance with Subsection
(3)
.
(5)
(a)
If any judgment is appealed, upon deposit with the court where the notice of
appeal is filed of cash or other security in a form and amount considered sufficient by
the court that rendered the judgment to secure the full amount of the judgment,
together with ongoing interest and any other anticipated damages or costs, including
attorney fees and costs on appeal, the lien created by the judgment shall be
terminated as provided in Subsection
(5)(b)
.
(b)
Upon the deposit of sufficient security as provided in Subsection
(5)(a)
, the court
shall enter an order terminating the lien created by the judgment and granting the
judgment creditor a perfected lien in the deposited security as of the date of the
original judgment.
(6)
(a)
A child support order, including an order or judgment for guardian ad litem
attorney fees and costs, or a sum certain judgment for past due support may be
enforced:
(i)
within four years after the date the youngest child reaches majority; or
(ii)
eight years from the date of entry of the sum certain judgment entered by a
tribunal.
(b)
The longer period of duration shall apply in every order.
(c)
A sum certain judgment may be renewed to extend the duration.
(7)
(a)
After July 1, 2002, a judgment entered by a district court, a justice court,
or
the
Business and Chancery Court
, or the Constitutional Court
, becomes a lien upon real
property if:
(i)
the judgment or an abstract of the judgment containing the information identifying
the judgment debtor as described in Subsection
78B-5-201(4)(b)
is recorded in the
office of the county recorder; or
(ii)
the judgment or an abstract of the judgment and a separate information statement
of the judgment creditor as described in Subsection
78B-5-201(5)
is recorded in
the office of the county recorder.
(b)
The judgment shall run from the date of entry by the court.
(c)
The real property subject to the lien includes all the real property of the judgment
debtor:
(i)
in the county in which the recording under Subsection
(7)(a)(i)
or
(ii)
occurs; and
(ii)
owned or acquired at any time by the judgment debtor during the time the
judgment is effective.
(d)
If the judgment that gives rise to a lien described in Subsection
(7)(a)
is a judgment
in favor of a state agency, the real property subject to the lien includes all real
property of the judgment debtor in the state.
(e)
State agencies are exempt from the recording requirement of Subsection
(7)(a)
.
(8)
(a)
A judgment referred to in Subsection
(7)
shall be entered under the name of the
judgment debtor in the judgment index in the office of the county recorder as
required in Section
17-71-302
.
(b)
A judgment containing a legal description shall also be abstracted in the appropriate
tract index in the office of the county recorder.
(9)
(a)
To release, assign, renew, or extend a lien created by a judgment recorded in the
office of a county recorder, a person shall, in the office of the county recorder of each
county in which an instrument creating the lien is recorded, record a document
releasing, assigning, renewing, or extending the lien.
(b)
The document described in Subsection
(9)(a)
shall include:
(i)
the date of the release, assignment, renewal, or extension;
(ii)
the name of any judgment creditor, debtor, assignor, or assignee; and
(iii)
for the county in which the document is recorded in accordance with Subsection
(9)(a)
:
(A)
the date on which the instrument creating the lien was recorded in that
county's office of the county recorder; and
(B)
in accordance with Section
57-3-106
, that county recorder's entry number and
book and page of the recorded instrument creating the judgment lien.
Section 45. Section
78B-5-206
is amended to read:
78B-5-206
. Mileage allowance for judgment debtor required to appear.
(1)
A judgment debtor legally required to appear before a district court
or
,
the Business
and Chancery Court
, or the Constitutional Court,
to answer concerning the debtor's
property is entitled, on a sufficient showing of need, to mileage of 15 cents per mile for
each mile actually and necessarily traveled in going only, to be paid by the judgment
creditor at whose instance the judgment debtor was required to appear.
(2)
The judgment creditor is not required to make any payment for such mileage until the
judgment debtor has actually appeared before the court.
Section 46. Section
78B-5-1002
is amended to read:
78B-5-1002
. Right to an appeal of an injunctive order.
(1)
As used in this section:
(a)
"Defendant" means a defendant in the civil action or a party affected by the
injunctive order.
(b)
"Governmental entity" means the state, a county, a municipality, a special district, a
special service district, a school district, a state institution of higher education, or any
other political subdivision or administrative unit of the state.
(c)
"Injunctive order" means a temporary restraining order, a preliminary injunction,
a
permanent injunction, or any order or judgment
or any order
that restrains or enjoins
the execution or enforcement of a state law or any part of a state law
before entry of a
judgment
.
(d)
"Plaintiff" means the party seeking the injunctive order.
(e)
"State law" means a state statute, a provision of the Utah Constitution, or any action
of the Legislature.
(2)
A defendant has a right in a civil action to appeal a decision by a trial court of this state
to grant, continue, modify, or refuse to modify an injunctive order if the underlying
claim for the injunctive order is that the state law, or any part of the state law, is
unconstitutional on its face.
(3)
Upon an appeal described in Subsection
(2)
, the Supreme Court shall determine whether:
(a)
the decision of the trial court is correct; and
(b)
there is a substantial likelihood that the plaintiff will prevail on the merits of the
claim that the state law, or any part of the state law, is unconstitutional on its face.
(4)
A defendant who does not exercise the defendant's right to appeal under this section is
not precluded from seeking an appeal of the decision upon entry of a judgment or under
any other law for which the defendant may appeal the decision.
(4)
(5)
If a governmental entity brings an appeal under Subsection
(2)
, the governmental
entity is not required to post a bond for the appeal.
(6)
The requirements for an appeal of right under the Utah Rules of Appellate Procedure
apply to the filing of an appeal under this section.
(5)
(7)
This section applies to an action pending in a court of this state on
and
or
after
May 7, 2025.
Section 47. Section
78B-6-1303
is amended to read:
78B-6-1303
. Lis pendens -- Notice.
(1)
(a)
Any party to an action filed in the United States District Court for the District of
Utah, the United States Bankruptcy Court for the District of Utah, a district court of
this state,
or
the Business and Chancery Court of this state,
or the Constitutional
Court of this state
that affects the title to, or the right of possession of, real property
may file a notice of pendency of action.
(b)
A party that chooses to file a notice of pendency of action shall:
(i)
first, file the notice with the court that has jurisdiction of the action; and
(ii)
second, record a copy of the notice filed with the court with the county recorder
in the county where the property or any portion of the property is located.
(c)
A person may not file a notice of pendency of action unless a case has been filed and
is pending in the United States District Court for the District of Utah, the United
States Bankruptcy Court for the District of Utah, a district court of this state,
or
the
Business and Chancery Court of this state
, or the Constitutional Court of this state
.
(2)
The notice shall contain:
(a)
the caption of the case, with the names of the parties and the case number;
(b)
the object of the action or defense; and
(c)
the specific legal description of only the property affected.
(3)
From the time of filing the notice, a purchaser, an encumbrancer of the property, or any
other party in interest that may be affected by the action is considered to have
constructive notice of pendency of action.
Section 48.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2),
May 6, 2026
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
Section 49.
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, revise Section 78A-5-102.7 by replacing
each instance of the phrase "the effective date of this bill" with the bill's actual effective date.
3-12-26 12:16 PM