Title 78A, Judiciary and Judicial Administration

78A-5-103. District court case management -- Establishment of a division of the district court. (1) As used in this section: (a) "Debt collection or housing action" means a civil action in the district court: (i) for forcible entry and detainer as described in Title 78B, Chapter …

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…

78A-5-104. Terms -- Minimum of once quarterly. Each district court shall hold court at the county seat of each county within the district at least once in each quarter of the year.

78A-5-105. Term of judges -- Vacancy. (1)(a) 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. (b) After the first term of appointment under Subsection (1)(a), the term of …

78A-5-106. Presiding judge -- Associate presiding judge -- Election -- Term -- Compensation -- Powers -- Duties. (1) In judicial districts having more than one district court judge, the district court judges shall elect one judge of the district to the office of presiding judge. …

78A-5-107. Court commissioners -- Qualifications -- Appointment -- Functions governed by rule. (1)(a) Court commissioners are quasi-judicial officers of courts of record and have limited judicial authority as provided by this section and rules of the Judicial Council. (b) Court c…

78A-5-108. Duties of the clerk of the district court. The clerk of the district court shall: (1) take charge of and safely keep the court seal; (2) take charge of and safely keep or dispose of all books, papers, and records filed or deposited with the clerk, and all other records…

78A-5-109. Costs of system. (1) The cost of salaries, travel, and training required for the discharge of the duties of district court judges, court commissioners, secretaries of judges or court executives, court executives, and court reporters shall be paid from appropriations ma…

78A-5-110. Allocation of district court fees and forfeitures. (1) Except as provided in this section, district court fines and forfeitures collected for violation of state statutes shall be paid to the state treasurer. (2) Fines and forfeitures collected by the court for violatio…

78A-5-111. Transfer of court operating responsibilities -- Facilities -- Staff -- Budget. (1) A county's determination to transfer responsibility for operation of the district court to the state is irrevocable. (2)(a) Court space suitable for the conduct of judicial business as s…

78A-5-201. Creation and expansion of existing drug court programs -- Definition of drug court program -- Criteria for participation in drug court programs -- Reporting requirements. (1) There may be created a drug court program in any judicial district that demonstrates: (a) the …

78A-5-202. Creation of Drug Board Pilot Project -- Definition of Drug Board Pilot Project -- Criteria for parolee participation in the Drug Board Pilot Project -- Reporting requirements. (1) There may be created a Drug Board Pilot Project in Davis and Weber counties that includes…

78A-5-301.5. Title. This part is known as the "Veterans Treatment Court Act."

78A-5-302. Definitions. As used in this part: (1) "Defendant" means a veteran charged with a criminal offense. (2) "Domestic violence" means the same as that term is defined in Section 77-36-1. (3)(a) "Participant agreement" means the record, required by Subsection 78A-5-304(1), …

78A-5-303. Creation of a veterans treatment court. (1) The Judicial Council may create a veterans treatment court in any judicial district or geographic region that demonstrates: (a) the need for a veterans treatment court; and (b) the existence of a collaborative strategy betwee…

78A-5-304. Record of policies and procedures. (1) A veterans treatment court shall create a record of policies and procedures adopted to implement Sections 78A-5-305 through 78A-5-312. (2) A veterans treatment court shall seek input from prosecutors, defense attorneys, and other …

78A-5-305. Policies and procedures for a veterans treatment court. (1) A veterans treatment court shall adopt policies and procedures to: (a) integrate alcohol-treatment, drug-treatment, and mental-health services with the defendant's criminal case; (b) use a nonadversarial appro…

78A-5-306. Supplemental policies and procedures of veterans treatment court. (1) A veterans treatment court may adopt supplemental policies and procedures to: (a) refer a defendant with a medical or medication need to an appropriate health care provider; (b) refer a defendant to …

78A-5-307. Eligibility. (1) A defendant is eligible to be screened for participation in a veterans treatment court if: (a) the defendant is a veteran; (b) the defendant has a mental-health condition, traumatic brain injury, or substance use disorder; (c) the defendant agrees on t…

78A-5-308. Requirement for admission. For a defendant to be admitted to a veterans treatment court, the defendant and prosecutor must sign, and the court must approve, a participant agreement and a plea in abeyance, plea agreement, or probation agreement.

78A-5-309. Victim of domestic violence. (1) If a victim or alleged victim of a domestic violence offense that serves as the basis for the defendant's participation in a veterans treatment court can be reasonably located, the victim or alleged victim must be offered: (a) referrals…

78A-5-310. Modification or termination. (1)(a) If a prosecutor finds that a defendant has failed to comply with the defendant's participant agreement, the prosecutor may notify the veterans treatment court and the defendant of the defendant's failure to comply with the participan…

78A-5-311. Completion of the participant agreement. If the veterans treatment court determines that a defendant has completed the requirements of the defendant's participant agreement, the court shall adjudicate the defendant's case in accordance with the defendant's participant …

78A-5-312. No right to participate. This part does not create a right to participation in a veterans treatment court.

78A-5-313. Severability. If any provision of this part, or the application of any provision of this part to any person or circumstance, is held invalid, the remainder of this part shall be given effect without the invalid provision or application.