Title 78A, Judiciary and Judicial Administration

78A-5b-201. Judges of Constitutional Court -- Terms. (1) If a judge of the district court or Court of Appeals is appointed and confirmed to the Constitutional Court, the judge is not required to vacate the judge's appointment to the district court or Court of Appeals to serve as …

78A-5b-202. Decision by panel. (1) Except as provided in Subsection (2)(a), a single judge of the Constitutional Court may conduct all proceedings in an action before the Constitutional Court. (2)(a) The Constitutional Court shall sit en banc for: (i) an adjudication of a challen…

78A-5b-203. Presiding judge -- Associate presiding judge -- Compensation -- Powers -- Duties. (1) The judges of the Constitutional Court shall elect a presiding judge from among the members of the court by majority vote of all judges. (2) The presiding judge shall receive $2,000 …

78A-5b-204. Administrative system -- Case management -- Clerk of the court -- Employees. (1)(a) There is established the State Constitutional Court Administrative System. (b) The Judicial Council shall administer the operation of the State Constitutional Court Administrative Syst…

78A-5b-205. Location of the Constitutional Court. (1) The Constitutional Court may perform any of the Constitutional Court's functions in any location within the state. (2) The Judicial Council shall provide, from appropriations made by the Legislature, court space suitable for t…

78A-5b-206. Court sessions. The Constitutional Court shall hold court at least once in each quarter of the year.

78A-6-101. Title. This chapter is known as "Juvenile Court."

78A-6-101.5. Definitions. The terms defined in Section 80-1-102 apply to this chapter.

78A-6-102. Establishment of juvenile court -- Organization and status of court -- Purpose. (1) There is established a juvenile court for the state. (2)(a) The juvenile court is a court of record. (b) The juvenile court shall have a seal. (c) The juvenile court's judges, clerks, a…

78A-6-103. Original jurisdiction of the juvenile court -- Magistrate functions -- Findings -- Transfer of a case from another court. (1) Except as provided in Subsection (3), the juvenile court has original jurisdiction over: (a) a felony, misdemeanor, infraction, or violation of…

78A-6-103.5. Exclusive jurisdiction of the juvenile court -- Transfer from district court. (1) Except as provided in Subsection (3), the juvenile court has exclusive jurisdiction over a felony, misdemeanor, infraction, or violation of an ordinance under municipal, state, or feder…

78A-6-104. Concurrent jurisdiction of the juvenile court -- Transfer of a protective order. (1)(a) The juvenile court has jurisdiction, concurrent with the district court: (i) to establish parentage, or to order testing for purposes of establishing parentage, for a child in accor…

78A-6-120. Continuing jurisdiction of juvenile court -- Period of and termination of jurisdiction. (1) Except as provided in Subsection (2), if the juvenile court obtains jurisdiction over a minor's case, the juvenile court's jurisdiction over the minor's case continues until: (a…

78A-6-201. Judges of juvenile court -- Appointments -- Terms. (1)(a) A judge of the juvenile court shall be appointed initially to serve until the first general election held more than three years after the day on which the appointment is effective. (b) After the initial term des…

78A-6-202. Sessions of juvenile court. (1) In each county, regular juvenile court sessions shall be held at a place designated by the judge or judges of the juvenile court district, with the approval of the board. (2) Juvenile court sessions shall be held in each county when the …

78A-6-203. Board of Juvenile Court Judges -- Composition -- Purpose -- Presiding judge -- Associate presiding judge. (1)(a) The Judicial Council shall, by rule, establish a Board of Juvenile Court Judges. (b) The board shall establish general policies for the operation of the juv…

78A-6-204. Administrator of juvenile court -- Appointment -- Qualifications -- Powers and duties. (1) With the approval of the board, the state court administrator shall appoint a chief administrative officer of the juvenile court. (2) The chief administrative officer shall: (a) …

78A-6-205. Court executives -- Selection -- Duties. (1)(a) The chief administrative officer of the juvenile court, with the approval of the juvenile court judge of each district or the presiding juvenile court judge of multiple judge districts, shall appoint a court executive for…

78A-6-206. Juvenile court employees -- Salaries -- State courts personnel system -- Exemptions and discharge. (1) All employees, except juvenile court judges and commissioners, shall be selected, promoted, and discharged through the state courts personnel system for the juvenile …

78A-6-207. Volunteers. (1) The name of a volunteer serving in a case under Section 78A-2-803 shall be stated in the court records of the case. (2) A volunteer of record under Subsection (1) is: (a) considered a volunteer to the juvenile court; and (b) a volunteer under Title 67, …

78A-6-208. Mental health evaluations -- Duty of administrator. (1) The chief administrative officer of the juvenile court, with the approval of the board, and the executive director of the Department of Health and Human Services, and director of the Office of Substance Use and Me…

78A-6-209. Court records -- Inspection. (1) The juvenile court and the juvenile court's probation department shall keep records as required by the board and the presiding judge. (2) A court record shall be open to inspection by: (a) the parents or guardian of a child, a minor who…

78A-6-210. Fines -- Fees -- Deposit with state treasurer -- Restricted account. (1) There is created a restricted account in the General Fund known as the "Nonjudicial Adjustment Account." (2)(a) The account shall be funded from the financial penalty established under Section 80-…

78A-6-211. Courtrooms -- Physical facilities. (1) Suitable courtrooms and office space in each county shall be provided or made available to the juvenile court by the county for the hearing of cases, except in counties where the state has provided courtrooms and offices as needed…

78A-6-212. Information supplied to the Division of Juvenile Justice and Youth Services. (1) A juvenile probation officer shall render full and complete cooperation to the Division of Juvenile Justice and Youth Services in supplying the Division of Juvenile Justice and Youth Servi…

78A-6-350. Venue -- Dismissal without adjudication on merits. (1) Notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, a proceeding for a minor's case in the juvenile court shall be commenced in the court of the district in which: (a) except as provided in Section 80-6…

78A-6-351. Summons -- Service and process -- Issuance and contents -- Notice to absent parent or guardian -- Emergency medical or surgical treatment -- Compulsory process for attendance of witnesses when authorized. (1)(a) After a petition is filed in the juvenile court, the juve…

78A-6-352. Appearances -- Parents, guardian, or custodian to appear with minor or child -- Failure to appear -- Warrant of arrest, when authorized -- Parent's, guardian's, or custodian's employer to grant time off -- Appointment of guardian ad litem. (1) If a person is required t…

78A-6-353. Contempt -- Penalty -- Enforcement of fine, fee, or restitution. (1) An individual who willfully violates or refuses to obey any order of the juvenile court may be proceeded against for contempt of court. (2) If a juvenile court finds an individual who is 18 years old …

78A-6-354. Hearings -- Minors cases heard separately from adult cases -- Minor or parents or custodian heard separately -- Continuance of hearing. (1) A hearing for a minor's case shall be held before the juvenile court without a jury and may be conducted in an informal manner. (…

78A-6-355. Exchange of information with agency or institution having legal custody. (1) If legal custody of a minor is vested in an institution or agency, the juvenile court shall transmit, with the court order, copies of the social study, any clinical reports, and other informat…

78A-6-356. Child support obligation when custody of a child is vested in an individual or institution. (1) As used in this section: (a) "Office" means the Office of Recovery Services. (b) "State custody" means that a child is in the custody of a state department, division, or age…

78A-6-357. New hearings -- Modification of order or decree -- Requirements for changing or terminating custody, probation, or protective supervision. (1) If a party seeks a new hearing after an adjudication under Title 80, Utah Juvenile Code, Rule 48 of the Utah Rules of Juvenile…

78A-6-358. Period of effect for a judgment, decree, or order by a juvenile court. (1) A judgment, order, or decree of the juvenile court is no longer in effect after a minor is 21 years old, except: (a) for an order of commitment to the Utah State Developmental Center or to the c…

78A-6-359. Appeals. (1) An appeal to the Court of Appeals may be taken from any order, decree, or judgment of the juvenile court. (2)(a) An appeal of right from an order, decree, or judgment by a juvenile court related to a proceeding under Title 80, Chapter 3, Abuse, Neglect, an…

78A-6-450. Criminal information for an adult in juvenile court. A county attorney or district attorney may file a criminal information in the juvenile court charging an adult for: (1) unlawful sale or furnishing of an alcoholic product to minors in violation of Section 32B-4-403;…

78A-6-451. Who may prosecute an adult in juvenile court -- Transfer to district court. (1) The county attorney or district attorney, as provided in Title 17, Chapter 68, County and District Attorney, shall prosecute any case brought under this part. (2) Any proceeding under this …

78A-6-452. Costs and expenses of trial. (1) Except as provided in Subsection (2), the state shall pay, when approved by the court, the cost of publication of a summons, the expense of a trial, and any other fee or expense of a trial of an adult under this part. (2) The county whe…

78A-7-101.1. Definitions for chapter. As used in this chapter: (1) "Adult high school student" means an individual who: (a) is 18 years old and enrolled in high school at the time of the offense; (b) is under 21 years old at the time of all court proceedings; and (c) committed th…

78A-7-101.5. Creation of justice court -- Not of record -- Independent branch of local government -- Classes of justice courts. (1)(a) Under Article VIII, Section 1, Utah Constitution, there is created a court not of record known as the justice court. (b) The judges of this court…

78A-7-102. Establishment of justice courts. (1)(a) As used in this section, to "create a justice court" means to: (i) establish a justice court; or (ii) establish a justice court under Title 11, Chapter 13, Interlocal Cooperation Act. (b) For the purposes of this section, if more…

78A-7-103. Minimum standards of justice courts -- Authority of Judicial Council over justice courts. The Judicial Council shall ensure that: (1) procedures include requirements that every municipality or county that establishes or maintains a justice court provide for the followi…

78A-7-105. Jurisdiction of a county justice court. (1)(a) The territorial jurisdiction of a county justice court extends to the limits of the precinct for which the justice court is created and includes all municipalities within the precinct, other than a municipality where a mun…

78A-7-106. Original jurisdiction of a justice court -- Territorial jurisdiction -- Transfer of a domestic violence case. (1) A justice court has original jurisdiction over class B and C misdemeanors, violations of ordinances, and infractions committed within the justice court's t…

78A-7-118. Appeals from justice court -- Trial or hearing de novo in district court. (1) As used in this section: (a) "Restitution" means the same as that term is defined in Section 77-38b-102. (b) "Victim" means the same as that term is defined in Section 77-38b-102. (2) In a cr…

78A-7-120. Disposition of fines. (1)(a) Except as otherwise specified by this section, fines and forfeitures collected by a justice court shall be remitted as follows: (i) 50% to the treasurer of the local government responsible for the court; and (ii) 50% to the treasurer of the…