Judicial Transparency and Information Access Amendments

78
63G-2-302
78A-1-201
78A-2-208
78A-1-203
78A-1-204
78A-2-114
78A-2-301
78A-2-301.5
78A-2-301.7
63G-2-302
78A-1-201
78A-2-208
78A-1-203
78A-1-204
78A-2-114
78A-2-301
78A-2-301.5
78A-2-301.7
0
Judicial Transparency and Information Access Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan J. Monson
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill addresses public access to court records and proceedings and judicial financial
disclosures.
Highlighted Provisions:
This bill:
defines terms;
addresses access to an audio recording of a public court proceeding;
requires the Judicial Council to create and maintain a single website for all public court
records;
provides the requirements for the website containing all public court records;
addresses fees for court records;
requires the Judicial Council to create a rule on judicial financial disclosures and to report
to the Judiciary Interim Committee
; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63G-2-302
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 172
78A-2-301
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 291
78A-2-301.5
Effective
01/01/27
, as last amended by Laws of Utah 2022, Chapter 384
ENACTS:
78A-1-201
Effective
01/01/27
, Utah Code Annotated 1953
78A-1-203
Effective
01/01/27
, Utah Code Annotated 1953
78A-1-204
Effective
01/01/27
, Utah Code Annotated 1953
78A-2-114
Effective
05/06/26
, Utah Code Annotated 1953
78A-2-301.7
Effective
01/01/27
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
78A-1-202
Effective
01/01/27
, (Renumbered from 78A-2-208, as last amended by
Laws of Utah 2023, Chapter 394)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63G-2-302
is amended to read:
63G-2-302
Effective
01/01/27
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule;
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics
Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i)
if,
prior to
before
the meeting, the chair of the committee determines release of
the records:
(A)
reasonably could be expected to interfere with the investigation undertaken by
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home
address, home telephone number, social security number, insurance coverage, marital
status, or payroll deductions;
(h)
records or parts of records under Section
63G-2-303
that a current or former
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer
identification number if provided under Section
31A-23a-104
,
31A-25-202
,
31A-26-202
,
58-1-301
,
58-55-302
,
61-1-4
, or
61-2f-203
;
(j)
that part of a voter registration record identifying a voter's:
(i)
driver license or identification card number;
(ii)
social security number, or last four digits of the social security number;
(iii)
email address;
(iv)
date of birth; or
(v)
phone number;
(k)
a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection
20A-2-101.1(5)(a)
,
20A-2-104(4)(h
), or
20A-2-204(4)(b
);
(l)
a voter registration record that is withheld under Subsection
20A-2-104(7)
;
(m)
a withholding request form described in Subsections
20A-2-104(7)
and
(8)
and any
verification submitted in support of the form;
(n)
a record or information regarding whether a voter returned a ballot with postage
attached;
(o)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the
Chief
Information Officer
chief information officer
; and
(B)
acts as a repository of information about the individual that can be
electronically retrieved and used to facilitate the individual's online interaction
with a state agency;
(p)
information provided to the
Commissioner of Insurance
commissioner of insurance

under:
(i)
Subsection
31A-23a-115(3)(a)
;
(ii)
Subsection
31A-23a-302(4)
; or
(iii)
Subsection
31A-26-210(4)
;
(q)
information obtained through a criminal background check under Title 11, Chapter 40,
Criminal Background Checks by Political Subdivisions Operating Water Systems;
(r)
information provided by an offender that is:
(i)
required by the registration requirements of Title 53, Chapter 29, Sex, Kidnap, and
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection
53-29-404(3)(a)
;
(s)
a statement and any supporting documentation filed with the attorney general in
accordance with Section
34-45-107
, if the federal law or action supporting the filing
involves homeland security;
(t)
electronic toll collection customer account information received or collected under
Section
72-6-118
and customer information described in Section
17B-2a-815

received or collected by a public transit district, including contact and payment
information and customer travel data;
(u)
an email address provided by a military or overseas voter under Section
20A-16-501
;
(v)
a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(w)
records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(x)
a record described in Section
53G-9-604
that verifies that a parent was notified of an
incident or threat;
(y)
a criminal background check or credit history report conducted in accordance with
Section
63A-3-201
;
(z)
a record described in Subsection
53-5a-104(7)
;
(aa)
on a record maintained by a county for the purpose of administering property taxes,
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(bb)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions; or
(ii)
Title 59, Chapter 2a, Tax Relief Through Property Tax;
(cc)
a record provided by the State Tax Commission in response to a request under
Subsection
59-1-403(4)(y)(iii)
;
(dd)
a record of the Child Welfare Legislative Oversight Panel regarding an individual
child welfare case, as described in Subsection
36-33-103(3)
;
(ee)
a record relating to drug or alcohol testing of a state employee under Section
63A-17-1004
;
(ff)
a record relating to a request by a state elected official or state employee who has
been threatened to the Division of Technology Services to remove personal
identifying information from the open web under Section
63A-16-109
;
(gg)
a record including confidential information as that term is defined in Section
67-27-106
; and
(hh)
a record or notice received or generated under Title 53, Chapter 30, Security
Improvements Act, relating to:
(i)
an application for certification described in Section
53-30-201
; or
(ii)
a security improvement, including a building permit application or building
permit for a security improvement described in Section
53-30-301
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status
information such as race, religion, or disabilities, but not including records that are
public under Subsection
63G-2-301(2)(b)
or
63G-2-301(3)(o
) or private under
Subsection
(1)(b)
;
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection
63G-2-301(2)
;
(ii)
information provided to the governmental entity for the purpose of complying
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute
or a rule
described in Section
78A-2-114
;
(c)
records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that
are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section
26B-6-102
, that may disclose, or lead to the discovery of, the
identity of a person who made a report of alleged abuse, neglect, or exploitation of a
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer-involved critical incident as defined in Subsection
76-2-408(1)(f)
; or
(v)
have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection
(3)
, "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under
Section
63G-2-304
when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the
medical records were in the possession of a nongovernmental medical care provider.
Section 2. Section
78A-1-201
is enacted to read:
2. Public Access to Courts
78A-1-201
Effective
01/01/27
. Definitions for part.
As used in this part:
(1)
"Court" means the justice court, the district court, the juvenile court, the Business and
Chancery Court, the Court of Appeals, or the Supreme Court.
(2)
"Court proceeding" means a proceeding, trial, or other appearance before a court of this
state.
(3)
"Court record" means all or any portion of papers, documents, exhibits, orders,
opinions, recordings, dockets, and other information that are made, entered, filed, or
maintained by a court in connection with a case or court proceeding.
(4)
"Court record website" means the website for court records described in Subsection
78A-1-204(1)
.
(5)
"Public court proceeding" means a court proceeding that is open to the public.
(6)
"Public court record" means any court record that is not prohibited by law from public
disclosure.
Section 3. Section
78A-1-202
, which is renumbered from Section 78A-2-208 is renumbered
and amended to read:
78A-2-208
78A-1-202
Effective
01/01/27
. Court proceedings to be public --
Notice to public of recording -- Right to exclude in certain cases.
(1)
The sittings of every court of this state are public, except as provided in Subsections
(3)

and
(4)
.
(1)
Except as otherwise provided in this section, a court proceeding is public.
(2)
The Judicial Council shall require that notice be given to the public that
the
proceedings are
a court proceeding is
being recorded when an electronic or digital
recording system is being used during
court proceedings
the court proceeding
.
(3)
The court may, in the court's discretion, during the examination of a witness exclude
any and all other witnesses in
the proceedings
the court proceeding
.
(4)
In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with
intent to commit rape, the court may, in the court's discretion, exclude all persons who
do not have a direct interest in the
proceedings
court proceeding
, except jurors,
witnesses
,
and officers of the court.
Section 4. Section
78A-1-203
is enacted to read:
78A-1-203
Effective
01/01/27
. Audio recording of a public court proceeding --
Reporting requirement.
(1)
(a)
An audio recording shall be made of each public court proceeding.
(b)
An audio recording described in Subsection
(1)(a)
shall include all open portions of
the public court proceeding from the commencement of the public court proceeding
through the adjournment of the public court proceeding.
(2)
(a)
An individual may request an audio recording of a public court proceeding.
(b)
Upon a request for an audio recording of a public court proceeding, the
Administrative Office of the Courts shall provide the audio recording to the
individual.
(c)
To the extent possible, the Administrative Office of the Courts shall expedite a
request for an audio recording if the individual is a party to the public court
proceeding.
(d)
An individual may only be charged a fee for an audio recording as described in
Section
78A-2-301.7
.
(3)
This section does not apply to a public court proceeding in the justice court.
(4)
Before November 30, 2026, the Judicial Council shall report, in writing,
recommendations to the Judiciary Interim Committee on:
(a)
whether audio recordings of public court proceedings should be freely available to
the public; and
(b)
how audio recordings of public court proceedings can be made freely available to the
public.
Section 5. Section
78A-1-204
is enacted to read:
78A-1-204
Effective
01/01/27
. Requirements for court record website.
(1)
The Judicial Council shall establish and maintain a single website that allows the public
to search and access all public court records in accordance with the requirements of this
section.
(2)
To comply with Section
78A-2-233
, the court record website shall provide remote
access to all public court records through a network or system that:
(a)
is secure; and
(b)
provides restricted access through security standards developed by the Judicial
Council, including a registration requirement under which a prospective user must
provide the prospective user's:
(i)
identity;
(ii)
business or residence address; and
(iii)
citizenship status.
(3)
(a)
The court record website shall allow an individual to conduct a search by using:
(i)
the name of a court;
(ii)
the name of a party, judge, or attorney;
(iii)
the name of a judicial district;
(iv)
a case number;
(v)
a case type;
(vi)
a filing date;
(vii)
the case status; and
(viii)
for a criminal case:
(A)
the section of the Utah Code under which an offense is charged; and
(B)
the disposition of a charged offense.
(4)
Except as provided in Section
78A-2-301.7
, the Judicial Council may not require a
person to pay a fee to:
(a)
access the court record website;
(b)
create an account or register to obtain access to the court record website;
(c)
conduct a search in the court record website; or
(d)
download a document from the court record website.
(5)
The Judicial Council shall post a link to the court record website in a prominent place
on the website for the Utah state courts.
Section 6. Section
78A-2-114
is enacted to read:
78A-2-114
Effective
05/06/26
. Judicial financial disclosure -- Reporting
requirement.
(1)
As used in this section, "judicial officer" means a judge or a court commissioner of the
justice court, the district court, the juvenile court, the Business and Chancery Court, the
Court of Appeals, or the Supreme Court.
(2)
The Judicial Council shall:
(a)
by rule, require a judicial officer to submit an annual financial disclosure that is
comparable to the conflict of interest disclosure described in Section
20A-11-1604
;
and
(b)
post a judicial officer's annual financial disclosure described in Subsection
(2)(a)
on
a website that allows the public to access the disclosure.
(3)
Before November 1, 2026, the Judicial Council shall submit a written report describing
the actions the Judicial Council has taken under Subsection
(2)
to the Judiciary Interim
Committee.
Section 7. Section
78A-2-301
is amended to read:
78A-2-301
Effective
01/01/27
. 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
Title 78B, Chapter 6, Part 18, Renewal of Judgment Act,
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
the state's
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 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) shall be credited to the court as a reimbursement of
expenditures.
(cc)
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)
(2)
There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(ee)
(3)
Except as provided in this section, all fees collected under this section are paid
to
into
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)
(4)
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.
(5)
(a)
In
Except as provided in Subsection
(5)(b)
, in
judgments awarded in favor of the
state
, its
or the state's
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.
(b)
Subsection
(5)(a)
does not apply to a judgment awarded in favor of the Office of
Recovery Services.

(c)
The sums collected under
this Subsection (1)(ff)
Subsection
(5)(a)
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)
(6)
(a)
After June 30, 1998, the
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
into
the restricted account
created in Subsection
(7)
.
(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
(b)
(i)
The
state court administrator or a municipality shall transfer $7 of the amount
of a fine
,
or
bail forfeiture
voluntary payment under Section
77-7-21
,
paid for a
violation of Title 41, Motor Vehicles, in a court of record to the Division of
Finance for deposit
in
into
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.
(ii)
The remaining amount of the fine, or voluntary payment under Section
77-7-21
,
after the $7 transfer described in Subsection
(6)(b)(i)
shall be allocated in
accordance with Section
78A-5-110
.
(iii)
The Division of Finance shall deposit all revenues received under this Subsection
(6)
into the restricted account created in Subsection
(7)
.
(3)
(7)
(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)
(7)(b)(i)
; and
(ii)
to cover operations and maintenance costs on the court complex.
Section 8. Section
78A-2-301.5
is amended to read:
78A-2-301.5
Effective
01/01/27
. Civil fees for justice courts.
(1)
The fee for filing a small claims affidavit is:
(a)
$60 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is $2,000 or less;
(b)
$100 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is greater than $2,000, but less than $7,500; and
(c)
$185 if the claim for damages or amount in interpleader exclusive of justice court
costs, interest, and attorney fees is $7,500 or more.
(2)
The fee for filing a small claims counter affidavit is:
(a)
$50 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is $2,000 or less;
(b)
$70 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is greater than $2,000, but less than $7,500; and
(c)
$120 if the claim for relief exclusive of justice court costs, interest, and attorney fees
is $7,500 or more.
(3)
The fee for filing a petition for expungement is $135.
(4)
The fee for a petition to open a sealed record is $35.
(5)
The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition
to any fee for a complaint or petition.
(6)
(a)
The fee for filing a notice of appeal to a court of record is $10.

(b)
This
The
fee
described in Subsection
(6)(a)
covers all services of the justice court
on appeal but does not satisfy the trial de novo filing fee in the court of record.
(7)
The fee for a certified copy of a document is $4 per document plus 50 cents per page.
(8)
The fee for an exemplified copy of a document is $6 per document plus 50 cents per
page.
(9)
The fee schedule adopted by the Judicial Council 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
, shall apply.
(10)
There is no fee for services or the filing of documents not listed in this section or
otherwise provided by law.
(11)
(a)
The filing fees under this section may not be charged to the state
, its
or the
state's
agencies
,
or political subdivisions filing or defending any action.

(b)
In
Except as provided in Subsection
(11)(c)
, in
judgments awarded in favor of the
state
, its
or the state's
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.

(c)
Subsection
(11)(b)
does not apply to a judgment awarded in favor of the Office of
Recovery Services.
(d)
The sums collected under this Subsection
(11)
shall be applied to the fees after credit
to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.
(12)
The justice court may not impose any of the fees described in Subsection
78A-1-204(4)

for a public court record from the justice court that is in the court record website
described in Section
78A-1-204
.
Section 9. Section
78A-2-301.7
is enacted to read:
78A-2-301.7
Effective
01/01/27
. Fees for court records.
(1)
As used in this section, "court record website" means the website for court records
described in Section
78A-1-204
.
(2)
The Judicial Council shall, by rule and in accordance with Section
63G-2-702
and
Subsection
63G-2-203(3)(d)
, 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.
(3)
(a)
Except as provided in Subsection
(3)(b)
, the Judicial Council may not establish
fees for the search and retrieval of records in the court record website.
(b)
The Judicial Council may, by rule, require a person to pay a fee for:
(i)
each search in the court record website that is beyond 50 for a calendar month; and
(ii)
each download of a document in the court record website that is beyond 50 for a
calendar month.
(4)
The Judicial Council may establish fees to search and retrieve an audio recording of a
public court proceeding under Section
78A-1-203
, except that the Judicial Council may
not establish a fee or charge a fee:
(a)
as provided in Subsection
(5)
; or
(b)
to a party requesting an audio recording of a public court proceeding.
(5)
The fees under this section may not be charged to the state, the state's agencies, or
political subdivisions.
(6)
A fee under this section shall be credited to the court as a reimbursement of
expenditures.
(7)
The fees described in Section
78A-2-408
apply to a transcript or copy of a transcript.
Section 10.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
January 1, 2027
.
(2)
The actions affecting Section 78A-2-114
Effective
05/06/26
take effect on
May 6,
2026
.
3-11-26 11:37 AM