Effective 7/1/2024

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:

Terms Used In Utah Code 78A-2-110 v2

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Council: means the Judicial Council established by Article VIII, Sec. See Utah Code 78A-2-103
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 v2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)  the constitution;

(b)  statute;

(c)  judicial order;

(d)  any justice or judge;

(e)  the Judicial Council;

(f)  the state court administrator, a district court administrator, trial court executive, or a business and chancery court administrator; or

(g)  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.

Amended by Chapter 394, 2023 General Session