78A-7-102. Establishment of justice courts.
| (1) |
Terms Used In Utah Code 78A-7-102- 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.
- Statute: A law passed by a legislature.
| (a) |
As used in this section, to “create a justice court” means to:
| (i) |
establish a justice court; or |
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| (b) |
For the purposes of this section, if more than one municipality or county is collectively proposing to create a justice court, the class of the justice court shall be determined by the total citations or cases filed within the territorial jurisdiction of the proposed justice court. |
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| (2) |
A municipality or county of the first or second class may create a justice court by filing a written declaration with the Judicial Council on or before July 1 at least two years before the effective date of the election. Upon demonstration of compliance with operating standards as established by statute and the Judicial Council, the Judicial Council shall certify the creation of the justice court under Section 78A-7-103. |
| (3) |
| (a) |
A municipality or county of the third, fourth, or fifth class may create a justice court by demonstrating the need for the justice court and filing a written declaration with the Judicial Council on or before July 1 at least one year before the effective date of the election. |
| (b) |
A municipality or county creating a justice court shall demonstrate to the Judicial Council that a justice court is needed. In evaluating the need for a justice court, the Judicial Council shall consider factors of population, case filings, public convenience, availability of law enforcement agencies and court support services, proximity to other courts, and any special circumstances. |
| (c) |
The Judicial Council shall certify the creation of the justice court under Section 78A-7-103, if the Judicial Council determines:
| (ii) |
the municipality or county has filed a timely application; and |
| (iii) |
the proposed justice court will be in compliance with all of the operating standards established by statute and the Judicial Council. |
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| (4) |
| (a) |
A municipality that has a justice court may expand the territorial jurisdiction of the justice court by entering into an agreement under Title 11, Chapter 13, Interlocal Cooperation Act, with one or more other municipalities, or the county in which the municipality exists. |
| (b) |
A justice court enlarged under this Subsection (4) may not be considered as creating a new justice court. An expanded justice court shall demonstrate that it will be in compliance with all of the requirements of the operating standards as established by statute and the Judicial Council before the justice court expands. |
| (c) |
A municipality or county seeking to expand the territorial jurisdiction of a justice court shall notify the Judicial Council:
| (i) |
no later than the notice period required in Section 78A-7-123, when the expanded justice court is a result of the dissolution of one or more justice courts; or |
| (ii) |
no later than 180 days before the expanded court seeks to begin operation when the expanded justice court is a result of other circumstances. |
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| (d) |
The Judicial Council shall certify the expansion of a justice court if it determines that the expanded justice court is in compliance with the operating standards established by statute and the Judicial Council. |
| (e) |
| (i) |
A municipality or county that has a justice court at the time of executing an interlocal agreement, under Title 11, Chapter 13, Interlocal Cooperation Act, to become part of an expanded court shall resume operation of the justice court upon termination of the interlocal agreement in accordance with this Subsection (4)(e) or dissolve its justice courts in accordance with Subsection (4)(e)(iii). |
| (ii) |
The municipality or county shall notify the Judicial Council at least 90 days before resuming operations. The municipality or county shall demonstrate that the municipality’s or county’s justice court will be in compliance with the operating standards. |
| (iii) |
If the Judicial Council determines that a justice court will not be in compliance with the operating standards, the Judicial Council shall direct the expanded justice court to continue operation until the Judicial Council is satisfied the municipality’s or county’s justice court will meet the operating standards or until the municipality or county dissolves the municipality’s or county’s justice court in accordance with Section 78A-7-123. |
| (iv) |
If the interlocal agreement includes a municipality or county that did not have a justice court at the time the interlocal agreement was executed, the municipality or county shall notify the Judicial Council at least 180 days before termination of the interlocal agreement. In the notification, the municipality or county shall set forth its intentions in regard to adjudicating offenses committed within the municipality’s or county’s territorial boundaries. The Judicial Council may require the expanded justice court to continue operation until the Judicial Council is satisfied that the municipality’s or county’s caseload will be adequately subsumed by another justice court. |
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| (5) |
Upon request from a municipality or county seeking to create a justice court, the Judicial Council may shorten the time required between the municipality’s or county’s written declaration or election to create a justice court and the effective date of the election. |
| (6) |
The Judicial Council may by rule provide resources and procedures adequate for the timely disposition of all matters brought before the courts. The Administrative Office of the Courts and local governments shall cooperate in allocating resources to operate the courts in the most efficient and effective manner based on the allocation of responsibility between courts of record and not of record. |
Amended by Chapter 30, 2018 General Session
