HB 392 — District Court Amendments

and (v) other amounts allowed by law and ordered by the court.

(3) (a) Except as otherwise provided by law, or as governed by Subsection (4), all other final civil and criminal judgments of [the district court, the justice court, and the Business and Chancery Court] a court shall bear interest at the federal postjudgment interest rate as of January 1 of each year, plus 2%.

(b) The [postjudgment interest rate] interest rate described in Subsection (3)(a) that is in effect at the time of the judgment shall remain the interest rate for the duration of the judgment.

(c) The interest on criminal judgments shall be calculated on the total amount of the judgment.

(d) Interest paid on state revenue shall be deposited in accordance with Section 63A-3-505.

(e) Interest paid on revenue to a county or municipality shall be paid to the general fund of the county or municipality.

(4) A judgment under $10,000 in an action regarding the purchase of goods and services shall bear interest from the date on which the [district court, the justice court, or the Business and Chancery - 5 - HB0392 compared with HB0392S03 Court] court enters the judgment at 10% plus the federal postjudgment interest rate in effect on January 1 of the year in which the judgment is entered.

{Section 2.

Section 20A-12-201 is amended to read:

} 20A-12-201.

Judicial appointees -- Retention elections.

(1) (a) Each judicial appointee to a court is subject to an unopposed retention election at the first general election held more than three years after the judge or justice was appointed.

(b) After the first retention election:

(i) each Supreme Court justice shall be on the regular general election ballot for an unopposed retention election every tenth year;

and (ii) each judge of other courts shall be on the regular general election ballot for an unopposed retention election every sixth year.

(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the year the justice or judge is subject to a retention election:

(i) file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m.

on July 15 in the year of a regular general election;

and (ii) pay a filing fee of $50.

(b) (i) Each justice court judge who wishes to retain office shall, in the year the justice court judge is subject to a retention election:

(A) file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m.

on July 15 in the year of a regular general election;

and (B) pay a filing fee of $25 for each judicial office.

(ii) If a justice court judge is appointed or elected to more than one judicial office, the declaration of candidacy shall identify all of the courts included in the same general election.

(iii) If a justice court judge is appointed or elected to more than one judicial office, filing a declaration of candidacy in one county in which one of those courts is located is valid for the courts in any other county.

- 6 - HB0392 compared with HB0392S03 (3) (a) The lieutenant governor shall, no later than August 31 of each regular general election year:

(i) transmit a certified list containing the names of the justices of the Supreme Court, judges of the Court of Appeals, [and ]judges of the Business and Chancery Court, and judges of the Constitutional Court declaring their candidacy to the county clerk of each county;

and (ii) transmit a certified list containing the names of judges of other courts declaring their candidacy to the county clerk of each county in the geographic division in which the judge filing the declaration holds office.

(b) Each county clerk shall place the names of justices and judges standing for retention election:

(i) in the nonpartisan section of the ballot;

and (ii) in accordance with Section 20A-6-109.

(4) (a) At the general election, the ballots shall contain:

(i) at the beginning of the judicial retention section of the ballot, the following statement:

"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's recommendations for each judge";

and (ii) for each justice or judge standing for a retention election in the county, the following question:

"Shall [insert name of justice or judge] be retained in the office of [insert name of office and the applicable court or jurisdiction]? Yes ( ) or No ( )." [(ii) as to each justice or judge of any court to be voted on in the county, the following question:

"Shall ______________________________(name of justice or judge) be retained in the office of ___________________________? (name of office, such as "Justice of the Supreme Court of Utah";

"Judge of the Court of Appeals of Utah";

"Judge of the Business and Chancery Court of Utah";

"Judge of the District Court of the Third Judicial District";

"Judge of the Juvenile Court of the Fourth Juvenile Court District";

"Justice Court Judge of (name of county) County or (name of municipality)") Yes () No ()."] (b) If a justice court exists by means of an interlocal agreement under Section 78A-7-102, the ballot question for the judge shall include the name of that court.

(5) - 7 - HB0392 compared with HB0392S03 (a) If the justice or judge receives more yes votes than no votes, the justice or judge is retained for the term of office provided by law.

(b) If the justice or judge does not receive more yes votes than no votes, the justice or judge is not retained, and a vacancy exists in the office on the first Monday in January after the regular general election.

(6) A justice or judge not retained is ineligible for appointment to the office for which the justice or judge was defeated until after the expiration of that term of office.

(7) (a) If a justice court judge is standing for retention for one or more judicial offices in a county in which the judge is a county justice court judge or a municipal justice court judge in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any combination thereof, the election officer shall place the judge's name on the county ballot only once for all judicial offices for which the judge seeks to be retained.

(b) If a justice court judge is standing for retention for one or more judicial offices in a municipality of the first, second, or third class, as described in Section 10-2-301, the election officer shall place the judge's name only on the municipal ballot for the voters of the municipality that the judge serves.

{Section 3.

Section 63G-23-102 is amended to read:

} 63G-23-102.

Definitions.

As used in this chapter:

(1) "Public official" means, except as provided in Subsection (3), the same as that term is defined in Section 36-11-102.

(2) "Public official" includes a judge or justice of:

(a) the Utah Supreme Court;

(b) the Utah Court of Appeals;

(c) a district court;

(d) a juvenile court;

[or] (e) the Business and Chancery Court[.] ;

or (f) the Constitutional Court.

(3) "Public official" does not include a local official or an education official as defined in Section 36-11-102.

Section 167-5-41 is enacted to read:

-67-5-41 8. - HB0392 compared with HB0392S03 67-5-41.

(1) The attorney general has an unconditional right to intervene in a civil action in a district court upon receiving a notice under Rule 24 of the Utah Rules of Civil Procedure,Procedure Rule 24, that a party is challenging the constitutionality of a statute in the civil action.

{Section 4.

Section 67-8-2 is amended to read:

} 67-8-2.

Salaries of judges established annually in appropriations act -- Bases of salaries -- Additional compensation.

[(1) The salaries of judges of courts of record, as described in Section 78A-1-101, shall be set annually by the Legislature in an appropriations act.] [(2) Judicial salaries shall be based on the following percentages of the salary of a district court judge:] [(a) juvenile court judges:

100%;] [(b) Business and Chancery Court judges:

100%;] [(c) Court of Appeals judges:

105%;

and] [(d) justices of the Supreme Court:

110%.] (1) The Legislature shall set annually, in an appropriations act, the salaries of judges of a court of record described in Section 78A-1-101.

(2) Except as provided in Subsection (3), a judicial salary for a judge of a court of record shall be based on the following percentage of the salary for a district court judge:

(a) 100% for a juvenile court judge;

(b) 100% for a Business and Chancery Court judge;

(c) 105% for a Constitutional Court judge;

(d) 105% for a Court of Appeals judge;

and (e) 110% for a Supreme Court justice.

(3) (a) If a district court judge is a Constitutional Court judge, the judge's salary for the Constitutional Court is 5% of the salary for a district court judge during the time period in which the judge remains a district court judge.

- 9 - HB0392 compared with HB0392S03 (b) If a Court of Appeals judge is a Constitutional Court judge, the judge's salary for the Constitutional Court is 5% of the salary for a district court judge during the time period in which the judge remains a Court of Appeals judge.

(c) Except as provided in this Subsection (3) a judge of a court of record may not collect a salary for more than one court of record.

[(3)] (4) (a) A salary described in Subsection (2) does not include additional compensation provided for a presiding judge or associate presiding judge under:

(i) Section 78A-3-101;

(ii) Section 78A-4-102;

(iii) Section 78A-5-106;

(iv) Section 78A-5a-202;

(v) Section 78A-5b-203;

or [(v)] (vi) Section 78A-6-203.

(b) Compensation described in Subsection [(3)(a)] (4)(a) does not constitute a salary for purposes of Utah Constitution, Article VIII, Section 14.

{Section 5.

Section 78A-1-101 is amended to read:

} 78A-1-101.

Courts of this state -- Courts of record.

(1) The following are the courts of this state:

(a) the Supreme Court;

(b) the Court of Appeals;

(c) the Business and Chancery Court;

(d) the Constitutional Court;

[(d)] (e) the district courts;

[(e)] (f) the juvenile courts;

and [(f)] (g) the justice courts.

(2) All courts are courts of record, except the justice courts, which are courts not of record.

{Section 6.

Section 78A-1-102 is amended to read:

} 78A-1-102.

Trial courts of record -- Geographical divisions.

(1) The district and juvenile courts are divided into eight geographical divisions:

(a) First Judicial District, which includes Box Elder, Cache, and Rich Counties;

- 10 - HB0392 compared with HB0392S03 (b) Second Judicial District, which includes Weber, Davis, and Morgan Counties;

(c) Third Judicial District, which includes Salt Lake, Summit, and Tooele Counties;

(d) Fourth Judicial District, which includes Utah, Wasatch, Juab, and Millard Counties;

(e) Fifth Judicial District, which includes Beaver, Iron, and Washington Counties;

(f) Sixth Judicial District, which includes Garfield, Kane, Piute, Sanpete, Sevier, and Wayne Counties;

(g) Seventh Judicial District, which includes Carbon, Emery, Grand, and San Juan Counties;

and (h) Eighth Judicial District, which includes Daggett, Duchesne, and Uintah Counties.

(2) The Business and Chancery Court [is] and the Constitutional Court are not divided into geographical divisions.

Section 7.

Section 7 is enacted to read:

78A-1-103.7.

Number of Constitutional Court judges.

The Constitutional Court shall consist of three judges.

{Section 8.

Section 78A-2-104 is amended to read:

} 78A-2-104.

Judicial Council -- Creation -- Members -- Terms and election -- Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.

(1) The Judicial Council is composed of:

(a) the chief justice of the Supreme Court;

(b) one member elected by the justices of the Supreme Court;

(c) one member elected by the judges of the Court of Appeals;

(d) one member elected by the judges of the Business and Chancery Court;

(e) one member elected by the judges of the Constitutional Court;

[(e)] (f) six members elected by the judges of the district courts;

[(f)] (g) three members elected by the judges of the juvenile courts;

[(g)] (h) three members elected by the justice court judges;

and [(h)] (i) a member or ex officio member of the Board of Commissioners of the Utah State Bar who is an active member of the Utah State Bar in good standing at the time of election by the Board of Commissioners.

(2) The Judicial Council shall have a seal.

(3) (a) The chief justice of the Supreme Court shall act as presiding officer of the Judicial Council and chief administrative officer for the courts.

- 11 - HB0392 compared with HB0392S03 (b) The chief justice shall vote only in the case of a tie.

(4) (a) All members of the Judicial Council shall serve for three-year terms.

(b) If a Judicial Council member should die, resign, retire, or otherwise fail to complete a term of office, the appropriate constituent group shall elect a member to complete the term of office.

(c) In courts having more than one member, the members shall be elected to staggered terms.

(d) The individual elected by the Board of Commissioners under Subsection [(1)(h)] (1)(i) may complete a three-year term of office on the Judicial Council even though the individual ceases to be a member or ex officio member of the Board of Commissioners.

(e) The individual elected by the Board of Commissioners under Subsection [(1)(h)] (1)(i) shall be an active member of the Utah State Bar in good standing for the entire term of the Judicial Council.

(f) Elections are held under rules made by the Judicial Council.

(5) (a) The Judicial Council is responsible for the development of uniform administrative policy for the courts throughout the state.

(b) The presiding officer of the Judicial Council is responsible for the implementation of the policies developed by the Judicial Council and for the general management of the courts, with the aid of the state court administrator.

(c) The Judicial Council has authority and responsibility to:

(i) establish and assure compliance with policies for the operation of the courts, including uniform rules and forms;

and (ii) publish and submit to the governor, the chief justice of the Supreme Court, and the Legislature an annual report of the operations of the courts, which shall include financial and statistical data and may include suggestions and recommendations for legislation.

(6) The Judicial Council shall establish standards for the operation of the courts of the state, including facilities, court security, support services, and staff levels for judicial and support personnel.

(7) The Judicial Council shall by rule:

(a) establish the time and manner for destroying court records, including computer records;

and (b) establish retention periods for court records.

(8) - 12 - HB0392 compared with HB0392S03 (a) Consistent with the requirements of judicial office and security policies, the Judicial Council shall establish procedures to govern the assignment of state vehicles to public officers of the judicial branch.

(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and may be assigned for unlimited use, within the state only.

(9) (a) The Judicial Council shall:

(i) advise judicial officers and employees concerning ethical issues;

and (ii) establish procedures for issuing informal and formal advisory opinions on ethical issues.

(b) Compliance with an informal opinion is evidence of good faith compliance with the Code of Judicial Conduct.

(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.

(10) (a) The Judicial Council shall establish written procedures authorizing the presiding officer of the Judicial Council to appoint judges of courts of record by special or general assignment to serve temporarily in another level of court in a specific court or generally within that level.

(b) The appointment under Subsection (10)(a) shall be:

(i) for a specific period of time;

and (ii) reported to the Judicial Council.

(c) The Judicial Council shall develop the procedures described in this Subsection (10) in accordance with Subsection 78A-2-107(2) regarding the temporary appointment of judges.

(11) (a) The Judicial Council may by rule designate municipalities in addition to those designated by statute as a location of a trial court of record.

(b) There shall be at least one court clerk's office open during regular court hours in each county.

(c) Any trial court of record may hold court in any municipality designated as a location of a court of record.

(12) The Judicial Council shall by rule determine whether the administration of a court is the obligation of the Administrative Office of the Courts or whether the Administrative Office of the Courts should contract with local government for court support services.

- 13 - HB0392 compared with HB0392S03 (13) The Judicial Council may by rule direct that a district court location be administered from another court location within the county.

(14) (a) The Judicial Council shall:

(i) establish the Office of Guardian Ad Litem in accordance with [Title 78A, Chapter 2, Part 8, Guardian Ad Litem] Chapter 2, Part 8, Guardian Ad Litem;

and (ii) establish and supervise a Guardian Ad Litem Oversight Committee.

(b) The Guardian Ad Litem Oversight Committee described in Subsection (14)(a)(ii) shall oversee the Office of Guardian Ad Litem, established under Subsection (14)(a)(i), and assure that the Office of Guardian Ad Litem complies with state and federal law, regulation, policy, and court rules.

(15) The Judicial Council shall establish and maintain, in cooperation with the Office of Recovery Services within the Department of Health and Human Services, the part of the state case registry that contains records of each support order established or modified in the state on or after October 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C.

Sec.

654a.

{Section 9.

Section 78A-2-107 is amended to read:

} 78A-2-107.

Court administrator -- Powers, duties, and responsibilities.

Under the general supervision of the presiding officer of the Judicial Council, and within the policies established by the [the ]Judicial Council:

(1) the state court administrator shall:

(a) organize and administer all of the nonjudicial activities of the courts;

(b) assign, supervise, and direct the work of the nonjudicial officers of the courts;

(c) implement the standards, policies, and rules established by the Judicial Council;

(d) formulate and administer a system of personnel administration, including in-service training programs;

(e) prepare and administer the state judicial budget, fiscal, accounting, and procurement activities for the operation of the courts of record;

(f) assist justice courts in budgetary, fiscal, and accounting procedures;

(g) conduct studies of the business of the courts, including the preparation of recommendations and reports relating to the studies;

(h) develop uniform procedures for the management of court business, including the management of court calendars;

- 14 - HB0392 compared with HB0392S03 (i) maintain liaison with the governmental and other public and private groups having an interest in the administration of the courts;

(j) establish uniform policy concerning vacations and sick leave for judges and nonjudicial officers of the courts;

(k) establish uniform hours for court sessions throughout the state;

(l) when necessary for administrative reasons, change the county for trial of any case if no party to the litigation files timely objections to this change;

(m) (i) organize and administer a program of continuing education for judges and support staff, including training for justice court judges;

and (ii) ensure that any training or continuing education described in Subsection (1)(m)(i) complies with Title 63G, Chapter 22, State Training and Certification Requirements;

(n) provide for an annual meeting for each level of the courts of record and the annual judicial conference;

and (o) perform other duties as assigned by the presiding officer of the Judicial Council;

and (2) with the consent of the presiding officer of the Judicial Council, the state court administrator may:

(a) call and appoint a justice or judge of a court of record to serve temporarily as a judge of the Court of Appeals, the Business and Chancery Court, the Constitutional Court, a district court, or a juvenile court;

and (b) set reasonable compensation for the service of a justice or judge under Subsection (2)(a).

{Section 10.

Section 78A-2-108 is amended to read:

} 78A-2-108.

Assistants for state court administrator -- Appointment of trial court executives.

(1) The state court administrator, with the approval of the presiding officer of the Judicial Council, is responsible for the establishment of positions and salaries of assistants as necessary to enable the state court administrator to perform the powers and duties vested in the state court administrator by this chapter, including the positions of appellate court administrator, business and chancery court administrator, constitutional court administrator, district court administrator, juvenile court administrator, and justice court administrator.

(2) The state court administrator shall appoint an appellate court administrator, a business and chancery court administrator, a constitutional court administrator, a district court administrator, a juvenile - 15 - HB0392 compared with HB0392S03 court administrator, and a justice court administrator with the concurrence of the respective boards as established by the Judicial Council.

(3) (a) The district court administrator, with the concurrence of the presiding judge of a district or the district court judge in single judge districts, may appoint a trial court executive in each district.

(b) The trial court executive may appoint, subject to budget limitations, necessary support personnel including clerks, research clerks, secretaries, and other persons required to carry out the work of the court.

(c) The trial court executive shall supervise the work of all nonjudicial court staff and serve as administrative officer of the district.

(4) Administrators and assistants appointed under this section are known collectively as the Administrative Office of the Courts.

{Section 11.

Section 78A-2-110 is amended to read:

} 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:

(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 a constitutional 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;

- 16 - HB0392 compared with HB0392S03 (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;

- 17 - HB0392 compared with HB0392S03 (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.

{Section 12.

Section 78A-2-113 is amended to read:

} 78A-2-113.

Judicial hiring freeze authorized.

(1) As used in this section, "General Fund budget deficit" means a situation where General Fund appropriations made by the Legislature for a fiscal year exceed the estimated revenues adopted by the Executive Appropriations Committee of the Legislature for the General Fund in that fiscal year.

(2) During a General Fund budget deficit, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court, may, by unanimous vote, implement a judicial hiring freeze for judicial vacancies for:

(a) a juvenile court district with three or more juvenile court judges;

(b) a district court district with three or more district court judges;

(c) all Business and Chancery Court judges;

(d) all Constitutional Court judges;

[(d)] (e) all appellate court judges;

or [(e)] (f) any combination of Subsections (2)(a) through [(d)] (e).

(3) In implementing a judicial hiring freeze, the governor, president of the Senate, speaker of the House, and chief justice of the Supreme Court shall:

(a) establish the length of that hiring freeze;

and (b) ensure that the hiring freeze lasts at least 90 days, but not longer than the last day of the annual general session of the Legislature.

78A-3-102.78A-3-102 .

- 18 - HB0392 compared with HB0392S03 (2) The Supreme Court has original jurisdiction to issue all extraordinary writs and authority to issue all writs and process necessary to carry into effect the Supreme Court's orders, judgments, and decrees or in aid of the jurisdiction of the Supreme Court.

(3)(3)(a) (a) The Supreme Court has exclusive and original appellate jurisdiction, including exclusive and original appellate jurisdiction of an interlocutory appeal, over:

(vii)- an2 appeal- fromEnrolled theCopy districtH.B. court of an order, judgment, or decree ruling on a legislative subpoena;

392 (vii) an appeal from the district court of an order, judgment, or decree ruling on a legislative subpoena;

(4)(4)(a) - 19 - HB0392 compared with HB0392S03 (a) In addition to Subsection (3)(a), the Supreme Court has original appellate jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:

(iv)- an3 interlocutory- appealH.B. from a court of record involving a first degree felony;

392 Enrolled Copy (iv) an interlocutory appeal from a court of record involving a first degree felony;

(5)(5)(a) (a) The Supreme Court has sole discretion in granting or denying a petition for writ of certiorari for the review of a Court of Appeals adjudication.

{SectionThe 13.following section is affected by a revisor instruction at the end of this bill.

Section 78A-4-102 is amended to read:

} 78A-4-102.

Number of judges -- Terms -- Presiding judge -- Associate presiding judge -- Filing fees.

- 20 - HB0392 compared with HB0392S03 (1) (a) The Court of Appeals consists of seven judges.

(b) The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment.

(c) After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election.

(d) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.

(e) If a judge of the Court of Appeals is appointed to the Constitutional Court and does not vacate the judge's appointment to the Court of Appeals as described in Section 78A-5b-201, the appointment to the Constitutional Court does not modify the judge's term of office described in this Subsection (1) for the judge's appointment to the Court of Appeals.

(2) (a) The Court of Appeals shall sit and render judgment in panels of three judges.

(b) Assignment to panels shall be by random rotation of all judges of the Court of Appeals.

(c) The Court of Appeals by rule shall provide for the selection of a chair for each panel.

(d) The Court of Appeals may not sit en banc.

(3) (a) The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges.

(b) The term of office of the presiding judge is two years and until a successor is elected.

(c) A presiding judge of the Court of Appeals may serve in that office no more than two successive terms.

(d) The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge.

(e) The presiding judge of the Court of Appeals shall receive $2,000 per annum of additional compensation for the period served as presiding judge.

(4) (a) The presiding judge may be removed from the office of presiding judge by majority vote of all judges of the Court of Appeals.

- 21 - HB0392 compared with HB0392S03 (b) In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:

(i) administer the rotation and scheduling of panels;

(ii) act as liaison with the Supreme Court;

(iii) call and preside over the meetings of the Court of Appeals;

and (iv) carry out duties prescribed by the Supreme Court and the Judicial Council.

(5) (a) The judges of the Court of Appeals shall elect an associate presiding judge from among the members of the court by majority vote of all judges.

(b) The associate presiding judge of the Court of Appeals shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge.

(6) Filing fees for the Court of Appeals are the same as for the Supreme Court.

{Section 14.

Section 78A-4-103 is amended to read:

} 78A-4-103.

Jurisdiction of Court of Appeals.

(1) As used in this section, "adjudicative proceeding" does not include a proceeding under Title 63G, Chapter 2, Part 4, Appeals, that precedes judicial review under Section 63G-2-404.

(2) The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all writs and process necessary:

(a) to carry into effect the judgments, orders, and decrees of the Court of Appeals;

or (b) in aid of the jurisdiction of the Court of Appeals.

(3) The Court of Appeals has original appellate jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:

(a) (i) except as provided in Subsection 78A-3-102(4)(a)(i), a final agency action, as described in Section 63G-4-403, originating from:

(A) a formal adjudicative proceeding of a state agency;

(B) a special adjudicative proceeding, as described in Section 19-1-301.5;

or (C) a hearing before a local school board or the State Board of Education as described in Section 53G-11-515;

or (ii) except as provided in Subsection 78A-3-102(4)(a)(ii), an appeal from the district court review of an informal adjudicative proceeding of an agency;

(b) appeals from the district court review of:

- 22 - HB0392 compared with HB0392S03 (i) adjudicative proceedings of agencies of political subdivisions of the state or other local agencies;

and (ii) a challenge to agency action under Section 63G-3-602;

(c) appeals from the juvenile courts;

(d) interlocutory appeals from any court of record in criminal cases, except those involving a charge of a first degree or capital felony;

(e) appeals from a court of record in criminal cases, except those involving a conviction or charge of a first degree felony or capital felony;

(f) appeals from orders on petitions for extraordinary writs sought by persons who are incarcerated or serving any other criminal sentence, except for petitions constituting a challenge to a conviction of or the sentence for a first degree or capital felony;

(g) appeals from the orders on petitions for extraordinary writs challenging the decisions of the Board of Pardons and Parole except in cases involving a first degree or capital felony;

(h) appeals from district court involving domestic relations cases, including, but not limited to, divorce, annulment, property division, child custody, support, parent-time, visitation, adoption, and paternity;

(i) appeals from the Utah Military Court;

and (j) cases transferred to the Court of Appeals from the Supreme Court.

(4) The Court of Appeals does not have appellate jurisdiction over an appeal of an injunctive order described in Section 78B-5-1002.

(5) Notwithstanding Subsection (3), the Court of Appeals upon its own motion only and by the vote of four judges of the court may certify to the Supreme Court for original appellate review and determination any matter over which the Court of Appeals has original appellate jurisdiction.

(6) The Court of Appeals shall comply with the requirements of Title 63G, Chapter 4, Administrative Procedures Act, in the Court of Appeals's review of an agency adjudicative proceeding.

(7) A Court of Appeals judge may sit as a member of a panel for the Constitutional Court if:

(a) the Court of Appeals judge is designated by the presiding officer of the Judicial Council to sit as a member of a panel as described in Section 78A-5a-202;

and (b) a Constitutional Court judge is unable to sit on the panel due to recusal or disqualification.

{Section 15.

Section 78A-5-102 is amended to read:

} 78A-5-102.

Jurisdiction of the district court -- Appeals.

(1) Except as otherwise provided by the Utah Constitution or by statute, the district court has original jurisdiction in all matters civil and criminal.

- 23 - HB0392 compared with HB0392S03 (2) A district court judge may:

(a) issue all extraordinary writs and other writs necessary to carry into effect the district court judge's [ ]orders, judgments, and decrees;

[and] (b) preside over an action for which the Business and Chancery Court has jurisdiction if:

(i) the district court judge is designated by the presiding officer of the Judicial Council to preside over an action in the Business and Chancery Court as described in Section 78A-1-103.5;

and (ii) a Business and Chancery Court judge is unable to preside over the action due to recusal or disqualification[.] ;

and (c) sit as a member of a panel for the Constitutional Court if:

(i) the district court judge is designated by the presiding officer of the Judicial Council to sit as a member of a panel as described in Section 78A-5a-202;

and (ii) a Constitutional Court judge is unable to sit on the panel due to recusal or disqualification.

(3) The district court has jurisdiction:

(a) over matters of lawyer discipline consistent with the rules of the Supreme Court;

(b) over all matters properly filed in the circuit court prior to July 1, 1996;

(c) to enforce foreign protective orders as described in Subsection 78B-7-303(8);

(d) to enjoin a violation of Title 58, Chapter 37, Utah Controlled Substances Act;

(e) over a petition seeking to terminate parental rights as described in Section 81-13-205;

(f) except as provided in Subsection 78A-6-103(2)(a)(xiv) or (xv), over an adoption proceeding;

and (g) to issue a declaratory judgment as described in Title 78B, Chapter 6, Part 4, Declaratory Judgments.

(4) The district court has appellate jurisdiction over judgments and orders of the justice court as outlined in Section 78A-7-118 and small claims appeals filed in accordance with Section 78A-8-106.

(5) The district court has jurisdiction to review:

(a) a municipal administrative proceeding as described in Section 10-3-703.7;

(b) a decision resulting from a formal adjudicative proceeding by the State Tax Commission as described in Section 59-1-601;

(c) except as provided in Section 63G-4-402, a final agency action resulting from an informal adjudicative proceeding as described in Title 63G, Chapter 4, Administrative Procedures Act;

and (d) by trial de novo, a final order of the Department of Transportation resulting from formal and informal adjudicative proceedings under Title 72, Chapter 7, Part 2, Junkyard Control Act.

- 24 - HB0392 compared with HB0392S03 (6) The district court has original and exclusive jurisdiction over an action brought under Title 63G, Chapter 7, Governmental Immunity Act of Utah.

(7) The district court has exclusive jurisdiction to modify a juvenile court's permanent custody and guardianship order as described in Subsection 78A-6-357(3)(e)(ii).

(8) Notwithstanding Section 78A-7-106, the district court has original jurisdiction over a class B misdemeanor, a class C misdemeanor, an infraction, or a violation of an ordinance for which a justice court has original jurisdiction under Section 78A-7-106 if:

(a) there is no justice court with territorial jurisdiction;

(b) the offense occurred within the boundaries of the municipality in which the district courthouse is located and that municipality has not formed, or has formed and dissolved, a justice court;

or (c) the offense is included in an indictment or information covering a single criminal episode alleging the commission of a felony or a class A misdemeanor by an individual who is 18 years old or older.

(9) If a district court has jurisdiction in accordance with Subsection (4), (8)(a), or (8)(b), the district court has jurisdiction over an offense listed in Subsection 78A-7-106(2) even if the offense is committed by an individual who is 16 or 17 years old.

(10) The district court has subject matter jurisdiction over an action under Title 78B, Chapter 7, Part 2, Child Protective Orders, if the juvenile court transfers the action to the district court.

(11) (a) The district court has subject matter jurisdiction over a criminal action that the justice court transfers to the district court.

(b) Notwithstanding Subsection 78A-7-106(1), the district court has original jurisdiction over any refiled case of a criminal action transferred to the district court if the district court dismissed the transferred case without prejudice.

(12) If the juvenile court has concurrent jurisdiction under Subsection 78A-6-104(1)(a)(i) over a parentage action filed in the district court, the district court may transfer jurisdiction over the parentage action to the juvenile court.

(13) The Supreme Court and Court of Appeals have jurisdiction over an appeal from a final order, judgment, and decree of the district court as described in Sections 78A-3-102 and 78A-4-103.

Section 378A-5-102.7 is enacted to read:

78A-5-102.7.78A-5-102.7 .

- 25 - HB0392 compared with HB0392S03 (a) "Panel" means a panel of three district court judges that is convened under this section to hear and decide an action.

(b)(b)(i) (i) "State entity" means the state or any agency, department, board, or commission of the state.

(c)(c)(i) (i) "State official" means an individual elected or appointed to a state office.

(2)(2)(a) (a) If a civil action is brought in the district court and a state entity, or a state official in the state official's capacity, is a party to the civil action, the attorney general, the governor, or the Legislature may file a notice in the district court that a panel of three district- court4 judges- mustEnrolled beCopy convenedH.B. to hear and decide the civil action.

392 district court judges must be convened to hear and decide the civil action.

(c)(c)(i) (i) The Legislature, a committee of the Legislature, or a member of the Legislature in the member's capacity, must be a party to the civil action for the Legislature to file a notice under Subsection (2)(2)(a). (a).

- 26 - HB0392 compared with HB0392S03 (d) The time periods described in Rule 42 of the Utah Rules of Civil Procedure,Procedure Rule 42, apply to a notice described in this Subsection (2).

(3)(3)(a) (a) Upon the filing of a notice under Subsection (2), a panel of three district court judges shall hear and decide, by majority decision, the civil action in accordance with this section.

(4)(4)(a) (a) The presiding officer of the Judicial Council shall select one judge assigned to a panel to be the chief judge of the panel.

(5)(5)(a) (a) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action before a panel.

(6)(6)(a) (a) Before March 7, 2026, the Judicial Council shall:

(i) by rule, create a process by which a district court judge is assigned to a panel by random- selection,5 including- anyH.B. reassignment of a district court judge on a panel due to disqualification, recusal, or a change of judge as a matter of right;

392 Enrolled Copy random selection, including any reassignment of a district court judge on a panel due to disqualification, recusal, or a change of judge as a matter of right;

- 27 - HB0392 compared with HB0392S03 (7) The Judicial Council shall hire a coordinator and staff to assist any panel convened under this section.

{Section 16.

Section 78A-5-105 is amended to read:

} 78A-5-105.

Term of judges -- Vacancy.

(1) [Judges of the district courts shall be ] (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.

[Thereafter, the] (b) After the first term of appointment under Subsection (1)(a), the term of office for [judges of the district courts] a judge of the district court is six years, and commences on the first Monday in January, next following the date of election.

(2) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.

(3) If a judge of the district court is appointed to the Constitutional Court and does not vacate the judge's appointment to the district court as described in Section 78A-5b-201, the appointment to the Constitutional Court does not modify the judge's term of office described in this section for the judge's appointment to the district court.

Section 17.

Section 17 is enacted to read:

CHAPTER 5b.

Constitutional Court Part 1.

General Provisions 78A-5b-101.

Definitions for chapter.

As used in this chapter:

(1) (a) "Injunctive order" means a temporary restraining order, a preliminary injunction, a permanent injunction, or any order or judgment that restrains or enjoins the execution or enforcement of a state law or any part of a state law.

(b) "Injunctive order" does not include an extraordinary writ under the original jurisdiction of the district court or Supreme Court.

(2) "Judicial Council" means the same as that term is defined in Section 78A-2-103.

(3) "Significant public importance" means a case in which the outcome would impact a significant number of the citizens of Utah.

- 28 - HB0392 compared with HB0392S03 (4) "State law" means a state statute or legislation, a provision of the Utah Constitution, or any action of the Legislature.

Section 18.

Section 18 is enacted to read:

78A-5b-102.

Establishment of the Constitutional Court -- Organization and status.

(1) There is established the Constitutional Court for the state.

(2) The Constitutional Court is a court of record.

(3) The Constitutional Court is a trial court with limited and statewide jurisdiction over actions and claims as described in Section 78A-5b-103.

(4) The Constitutional Court is of equal status with the district and juvenile courts and the Business and Chancery Court of the state.

(5) The Constitutional Court is established as a forum for the resolution of all matters properly brought before the Constitutional Court and consistent with applicable constitutional and statutory requirements of due process.

(6) The Constitutional Court shall have a seal.

(7) The judges and clerks of the Constitutional Court have the power to administer oaths and affirmations.

Section 19.

Section 19 is enacted to read:

78A-5b-103.

Exclusive jurisdiction of the Constitutional Court -- Judgment by panel -- District court action.

(1) The Constitutional Court has exclusive jurisdiction over:

(a) a civil action where a party is challenging the constitutionality of a state law and is seeking an injunctive order;

or (b) a civil action in which the attorney general or the Legislature has filed a notice of removal to the Constitutional Court as described in Subsection (2).

(2) The attorney general or Legislature has a right to file a notice of removal to the Constitutional Court in any civil action of significant public importance that is filed in a district court of this state.

(3) (a) A court shall transfer an action to the Constitutional Court if:

(i) a party brings the civil action described in Subsection (1)(a) in the court;

or (ii) the court is a district court and the attorney general or Legislature files a notice of removal to the Constitutional Court.

- 29 - HB0392 compared with HB0392S03 (b) Subsection (3)(a) includes any civil action that is on remittitur from the Supreme Court or Court of Appeals.

(4) A party to a civil action in the Constitutional Court may not seek to transfer the action to another trial court of this state, unless the Constitutional Court lacks jurisdiction over the action.

(5) This section applies to a civil action pending in a court of this state on and after January 1, 2027.

Section 20.

Section 20 is enacted to read:

78A-5b-104.

Venue for Constitutional Court.

(1) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action brought in the Constitutional Court.

(2) Any requirement in the Utah Code to file or bring an action in a specific district or county does not apply to an action brought in the Constitutional Court.

Section 21.

Section 21 is enacted to read:

Part 2.

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 a judge of the Constitutional Court.

(2) (a) A judge of the Constitutional Court is appointed to initially serve as a judge of the Constitutional Court until the first general election held more than three years after the day on which the appointment is effective.

(b) After the initial term described in Subsection (1)(a), the term of office of a judge of the Constitutional Court is six years and commences on the first Monday in January following the date of election.

(c) A judge of the Constitutional Court whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.

Section 22.

Section 22 is enacted to read:

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) - 30 - HB0392 compared with HB0392S03 (a) The Constitutional Court shall sit en banc for a trial, a proceeding regarding an injunctive order, or any motion that would dispose of the action or any claim or defense in the action.