Utah Code 63G-2-702. Applicability to the judiciary

63G-2-702. Applicability to the judiciary.

(1)	The judiciary is subject to the provisions of this chapter except as provided in this section.

Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Person: means :

(a)	an individual;

(b)	a nonprofit or profit corporation;

(c)	a partnership;

(d)	a sole proprietorship;

(e)	other type of business organization; or

(f)

any combination acting in concert with one another. See Utah Code 63G-2-103

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

State archivist: means the director of the state archives. See Utah Code 63G-2-103

(2)

(a)

The judiciary is not subject to:

(i)	Section 63G-2-209; or

(ii)	4, except as provided in Subsection (6).

(b)	The judiciary is not subject to 5, and 6.

(c)	The judiciary is subject to only the following sections in 9: Sections 63A-12-105 and 63A-12-106.

(3)	The Judicial Council, the Administrative Office of the Courts, the courts, and other administrative units in the judicial branch shall designate and classify their records in accordance with Sections 63G-2-301 through 63G-2-305.

(4)

Substantially consistent with the provisions of this chapter, the Judicial Council shall:

(a)	make rules governing requests for access, fees, classification, designation, segregation, management, retention, denials and appeals of requests for access and retention, and amendment of judicial records;

(b)	establish an appellate board to handle appeals from denials of requests for access and provide that a requester who is denied access by the appellate board may file a lawsuit in district court; and

(c)	provide standards for the management and retention of judicial records substantially consistent with Section 63A-12-103.

(5)

The Judicial Council may:

(a)	establish a process for an administrative unit of the judicial branch to petition for relief from a person that the administrative unit claims is a vexatious requester; and

(b)	establish an appellate board to hear a petition for relief from a person that an administrative unit of the judicial branch claims is a vexatious requester.

(6)	Rules governing appeals from denials of requests for access shall substantially comply with the time limits provided in Section 63G-2-204 and 4.

(7)

Upon request, the state archivist shall:

(a)	assist with and advise concerning the establishment of a records management program in the judicial branch; and

(b)	as required by the judiciary, provide program services similar to those available to the executive and legislative branches of government as provided in this chapter and Title 63A, Chapter 12, Division of Archives and Records Service.

Amended by Chapter 516, 2023 General Session