Title 78A, Judiciary and Judicial Administration

78A-7-201. Justice court judge eligibility -- Mandatory retirement. (1) A justice court judge shall be: (a) a citizen of the United States; (b) 25 years old or older; (c) a resident of Utah for at least three years immediately preceding the judge's appointment; (d) upon appointme…

78A-7-202. Justice court judges to be appointed -- Procedure. (1) As used in this section: (a) "Local government executive" means: (i) for a county: (A) the chair of the county commission in a county operating under the county commission or expanded county commission form of coun…

78A-7-203. Term of office for justice court judge -- Retention -- Reduction in force -- Addition of a justice court judge position. (1) The term of a justice court judge is six years beginning the first Monday in January following the date of election. (2) Upon the expiration of …

78A-7-204. Offices of justice court judges. (1) Justice court judges holding office in: (a) county precincts are county justice court judges; and (b) cities or towns are municipal justice court judges. (2) The county legislative body may establish a single precinct or divide the …

78A-7-205. Required training -- Failure to attend. (1) A justice court judge shall meet the continuing education requirements of the Judicial Council. (2) Successful completion of the continuing education requirement includes instruction regarding competency and understanding of …

78A-7-206. Determination of compensation for justice court judge -- Limits on secondary employment -- Prohibition on holding political or elected office -- Penalties. (1) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respecti…

78A-7-208. Temporary justice court judge. When necessary, the governing body may appoint any senior justice court judge, or justice court judge currently holding office within the judicial district or in an adjacent county, to serve as a temporary justice court judge.

78A-7-209.5. Presiding judge -- Associate presiding judge -- Election -- Powers -- Duties. (1)(a) In judicial districts having more than one justice court judge, the justice court judges shall elect one judge of the district to the office of presiding judge. (b) The presiding jud…

78A-7-210. Justice court judge administrative responsibilities. (1) Justice court judges shall comply with and ensure that court personnel comply with applicable county or municipal rules and regulations related to personnel, budgets, and other administrative functions. (2) Failu…

78A-7-212. Place of holding court. (1)(a) County justice court judges may hold court in any municipality within the precinct but may exercise only the jurisdiction provided by law for county justice courts. (b) County justice court judges may also, at the direction of the county …

78A-7-213. Trial facilities -- Hours of business. (1) A justice court judge shall conduct all official court business in a courtroom or office located in a public facility which is conducive and appropriate to the administration of justice. (2)(a) A county justice court may, at t…

78A-7-215. Monthly reports to court administrator and governing body. (1) Every justice court shall file monthly with the state court administrator a report of the judicial business of the judge. The report shall be on forms supplied by the state court administrator. (2) The repo…

78A-7-301. Justice Court Technology, Security, and Training Account established -- Funding -- Uses. (1) There is created a restricted account in the General Fund known as the Justice Court Technology, Security, and Training Account. (2) The state treasurer shall deposit in the ac…

78A-8-101. Creation. There is created a limited jurisdiction division of the district and justice courts designated small claims court.

78A-8-102. Small claims -- Defined -- Counsel not necessary -- Removal from district court -- Deferring multiple claims of one plaintiff -- Supreme Court to govern procedures. (1) A small claims action is a civil action: (a) for the recovery of money when: (i) the amount claimed …

78A-8-103. Assignee may not file claim. A claim may not be filed or prosecuted in small claims court by any assignee of a claim.

78A-8-104. Object of small claims -- Attachment, garnishment, and execution. (1) The hearing in a small claims action has the sole object of dispensing speedy justice between the parties. The record of small claims proceedings shall be as provided by rule of the Judicial Council.…

78A-8-105. Civil filing fees. (1) Except as provided in this section, the fees for a small claims action in justice court shall be the same as provided in Section 78A-2-301. (2) Fees collected in small claims actions filed in municipal justice court are remitted to the municipal …

78A-8-106. Appeals -- Who may take and jurisdiction. (1) Either party may appeal the judgment in a small claims action to the district court of the county by filing a notice of appeal in the original trial court within 28 days of entry of the judgment. If the judgment in a small …

78A-8-107. Costs. The prevailing party in any small claims action is entitled to costs of the action and also the costs of execution upon a judgment rendered therein.

78A-8-108. Evening hours -- Judges pro tempore. (1) The district or justice court may request that the Supreme Court appoint a member of the Utah State Bar in good standing, with the member's consent, as judge pro tempore to hear and determine small claims at times, including eve…

78A-8-109. Report to Judiciary Interim Committee. The Judicial Council shall present to the Judiciary Interim Committee, if requested by the committee, a report and recommendation concerning the maximum amount of small claims actions.

78A-9-101. Admission to state bar -- Criminal history background checks. (1) The Utah State Bar shall require each person applying for admission to the Utah State Bar to submit a complete set of fingerprints for the purpose of conducting a national criminal history background che…

78A-9-102. Fees for certificate of admission. The appellate courts shall receive a $50 fee for a certificate of admission as attorney and counselor, $30 of which shall be distributed by the state treasurer to the Judicial Council as a dedicated credit for the benefit of the State…

78A-9-103. Unauthorized practice of law -- Action by court -- Civil action -- Criminal penalty. (1) As used in this section: (a) "Board" means the Board of Commissioners for the Utah State Bar. (b) "Client" means a person that is provided, or has been provided, a service constitu…

78A-10a-101. Definitions. As used in this part: (1) "Commission" means a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502. (2) "Commissioner" means an individual appointed by the governor to serve on a judicial nominating commission cr…

78A-10a-102. Nomination, appointment, and confirmation of judges. (1) On and after July 1, 2023, judges for courts of record in this state are nominated, appointed, and confirmed in accordance with this chapter, Section 67-1-2, and Utah Constitution, Article VIII, Section 8. (2) …

78A-10a-103. Judicial nominating commissions -- Transition clause. (1) Except as provided in Subsection (2), an individual appointed by the governor to serve on a judicial nominating commission before July 1, 2023, is removed from the judicial nominating commission on June 30, 20…

78A-10a-202. Notice of a vacancy -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission. -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission. (1)(a) Except as otherwise provided in this section, the governor s…

78A-10a-203. Procedures for judicial nomination commission -- Meetings -- Certification -- Governor appointment. (1)(a) A commission may: (i) meet as necessary to perform the commission's function; and (ii) investigate the applicants of a judicial vacancy, including seeking input…

78A-10a-204. Senate confirmation of judicial appointments for courts of record. (1) The Senate shall: (a) consider and render a decision on each judicial appointment within 60 days after the day of the judicial appointment; and (b) if necessary, convene the Senate in an extraordi…

78A-10a-301. Definitions. As used in this part: (1) "Commission" means the Appellate Court Nominating Commission created under Section 78A-10a-302. (2) "Commissioner" means an individual appointed by the governor to serve on the Appellate Court Nominating Commission created under…

78A-10a-302. Creation -- Purpose. (1) There is created the Appellate Court Nominating Commission. (2) The Appellate Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Supreme Court and the Court of Appeals.

78A-10a-303. Membership -- Vacancies -- Removal. (1) The Appellate Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. (2) A commissioner shall: (a) be a United States citizen; (b) be a resident of Utah; and …

78A-10a-304. Procedure -- Staff. (1) Four commissioners are a quorum. (2) The Department of Criminal Justice created in Section 75E-2-102 shall administer and staff the commission. (3) The commissioner of the Department of Criminal Justice shall: (a) ensure that the commission fo…

78A-10a-305. Expenses -- Per diem and travel. A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with: (1) Section 63A-3-106; (2) Section 63A-3-107; and (3) rules made by the Division o…

78A-10a-401. Definitions. As used in this part: (1) "Commission" means a district and juvenile court nominating commission created under Section 78A-10a-402. (2) "Commissioner" means an individual appointed by the governor to serve on a district and juvenile court nominating comm…

78A-10a-402. Creation -- Purpose. (1) There is a district and juvenile court nominating commission created for each geographical division of the district and juvenile courts. (2) A district and juvenile court nominating commission shall nominate individuals to fill judicial vacan…

78A-10a-403. Membership -- Vacancies -- Removal. (1) A district and juvenile court nominating commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. (2) A commissioner shall: (a) be a United States citizen; (b) be a resident of …

78A-10a-404. Procedure -- Staff. (1) Four commissioners are a quorum. (2) The Department of Criminal Justice created in Section 75E-2-102 shall administer and staff each commission. (3) The commissioner of the Department of Criminal Justice shall: (a) ensure that each commission …

78A-10a-405. Expenses -- Per diem and travel. A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with: (1) Section 63A-3-106; (2) Section 63A-3-107; and (3) rules made by the Division o…

78A-10a-501. Definitions. As used in this part: (1) "Commission" means the Business and Chancery Court Nominating Commission created in Section 78A-10a-502. (2) "Commissioner" means an individual appointed by the governor to serve on the Business and Chancery Court Nominating Com…

78A-10a-502. Creation. (1) There is created the Business and Chancery Court Nominating Commission. (2) The Business and Chancery Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Business and Chancery Court.

78A-10a-503. Membership -- Appointment -- Vacancies -- Removal. (1) The Business and Chancery Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. (2) A commissioner shall: (a) be a United States citizen; (b) …

78A-10a-504. Procedure -- Staff -- Rules -- Recusal. (1) Four commissioners are a quorum. (2) The Department of Criminal Justice created in Section 75E-2-102 shall administer and staff the commission. (3) The commissioner of the Department of Criminal Justice shall: (a) ensure th…

78A-10a-505. Expenses -- Per diem and travel. A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with: (1) Section 63A-3-106; (2) Section 63A-3-107; and (3) rules made by the Division o…