This bill provides a special effective date.

This bill provides revisor instructions.

Utah Code Sections Affected:

AMENDS:

15-1-4, as last amended by Laws of Utah 2023, Chapter 394 20A-12-201, as last amended by Laws of Utah 2025, Chapter 39 63G-23-102, as last amended by Laws of Utah 2024, Chapter 158 67-8-2, as last amended by Laws of Utah 2023, Chapter 394 78A-1-101, as last amended by Laws of Utah 2023, Chapter 394 78A-1-102, as last amended by Laws of Utah 2023, Chapter 394 78A-2-104, as last amended by Laws of Utah 2023, Chapter 394 - 2 - Enrolled Copy H.B.

366 78A-2-107, as last amended by Laws of Utah 2023, Chapter 394 78A-2-108, as last amended by Laws of Utah 2023, Chapter 394 78A-2-110, as last amended by Laws of Utah 2023, Chapter 394 78A-2-113, as last amended by Laws of Utah 2023, Chapter 394 78A-2-301, as last amended by Laws of Utah 2025, Chapter 291 78A-4-102, as last amended by Laws of Utah 2022, Chapter 276 78A-4-103, as last amended by Laws of Utah 2025, Second Special Session, Chapter 3 78A-5-102, as last amended by Laws of Utah 2025, Chapter 426 78A-5-103, as renumbered and amended by Laws of Utah 2008, Chapter 3 78A-5-105, as renumbered and amended by Laws of Utah 2008, Chapter 3 78A-5a-301, as enacted by Laws of Utah 2023, Chapter 394 78A-5a-302, as enacted by Laws of Utah 2023, Chapter 394 78A-10a-202, as enacted by Laws of Utah 2023, Chapter 250 78A-10a-203, as enacted by Laws of Utah 2023, Chapter 250 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 250 78A-11-102, as last amended by Laws of Utah 2023, Chapter 394 78B-3a-102, as enacted by Laws of Utah 2023, Chapter 401 78B-5-202, as last amended by Laws of Utah 2025, First Special Session, Chapter 17 78B-5-206, as last amended by Laws of Utah 2023, Chapter 401 78B-5-1002, as enacted by Laws of Utah 2025, Chapter 456 78B-6-1303, as last amended by Laws of Utah 2023, Chapter 401 ENACTS:

78A-1-103.7, Utah Code Annotated 1953 78A-5b-101, Utah Code Annotated 1953 78A-5b-102, Utah Code Annotated 1953 78A-5b-103, Utah Code Annotated 1953 78A-5b-104, Utah Code Annotated 1953 78A-5b-105, Utah Code Annotated 1953 78A-5b-201, Utah Code Annotated 1953 78A-5b-202, Utah Code Annotated 1953 78A-5b-203, Utah Code Annotated 1953 78A-5b-204, Utah Code Annotated 1953 78A-5b-205, Utah Code Annotated 1953 78A-5b-206, Utah Code Annotated 1953 - 3 - H.B.

366 Enrolled Copy 78A-10a-601, Utah Code Annotated 1953 78A-10a-602, Utah Code Annotated 1953 78A-10a-603, Utah Code Annotated 1953 78A-10a-604, Utah Code Annotated 1953 78A-10a-605, Utah Code Annotated 1953 78A-10a-606, Utah Code Annotated 1953 78A-10a-607, Utah Code Annotated 1953 REPEALS AND REENACTS:

78A-5-102.7, as enacted in 2026 H.B.

392 Utah Code Sections Affected by Revisor Instructions:

78A-5-102.7, as enacted in 2026 H.B.

392 Be it enacted by the Legislature of the state of Utah:

Section 1.

Section 15-1-4 is amended to read:

15-1-4 .

Interest on judgments.

(1) As used in this section[, "federal] :

(a) "Court" means:

(i) the district court;

(ii) the justice court;

(iii) the Business and Chancery Court;

or (iv) the Constitutional Court if Title 78A, Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102.

(b) "Federal postjudgment interest rate" means the interest rate established for the federal court system under 28 U.S.C.

Sec.

1961, as amended.

(2)(a) Except as provided in Subsection (2)(b), a judgment rendered on a lawful contract shall conform to the contract and shall bear the interest agreed upon by the parties, which shall be specified in the judgment.

(b) A judgment rendered on a deferred deposit loan subject to Title 7, Chapter 23, Check Cashing and Deferred Deposit Lending Registration Act, shall bear interest at the rate imposed under Subsection (3)(a) on an amount not exceeding the sum of:

(i) the total of the principal balance of the deferred deposit loan;

(ii) interest at the rate imposed by the deferred deposit loan agreement for a period not exceeding 10 weeks as provided in Subsection 7-23-401(4);

(iii) costs;

- 4 - Enrolled Copy H.B.

366 (iv) attorney fees;

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] into 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 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 - 5 - H.B.

366 Enrolled Copy 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.

(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 if Title 78A, Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, 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 - 6 - Enrolled Copy H.B.

366 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)(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.

- 7 - H.B.

366 Enrolled Copy 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 if Title 78A, Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102.

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

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 if Title 78A, Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102;

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

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

- 8 - Enrolled Copy H.B.

366 (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.

(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 if Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102;

[(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;

- 9 - H.B.

366 Enrolled Copy (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 not divided into geographical divisions.

(3) If Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, the Constitutional Court is not divided into geographical divisions.

Section 7.

Section 78A-1-103.7 is enacted to read:

78A-1-103.7 .

Number of Constitutional Court judges.

If Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, 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 if Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102;

[(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 - 10 - Enrolled Copy H.B.

366 Council and chief administrative officer for the courts.

(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 - 11 - H.B.

366 Enrolled Copy (b) establish retention periods for court records.

(8)(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) The Judicial Council may by rule direct that a district court location be administered from another court location within the county.

- 12 - Enrolled Copy H.B.

366 (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;

(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;

- 13 - H.B.

366 Enrolled Copy (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, 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, 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 district court administrator, a juvenile court administrator, and a justice court administrator with the concurrence of the respective boards as established by the Judicial Council.

(3) If Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, the state court administrator shall, with the approval of the presiding officer of the Judicial Council, establish a salary and position for a constitutional court administrator.

- 14 - Enrolled Copy H.B.

366 [(3)] (4)(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)] (5) 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[,] ;

(g) a district court administrator[,] ;

(h) a trial court executive[, or ] ;

(i) a business and chancery court administrator;

(j) a constitutional court administrator if Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102;

or [(g)] (k) 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;

- 15 - H.B.

366 Enrolled Copy (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 - 16 - Enrolled Copy H.B.

366 (e) distribute copies of the report described in Subsection (3)(d) to:

(i) the chief justice of the Utah Supreme Court;

(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 of Representatives, 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 if Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102;

[(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.

Section 13.

Section 78A-2-301 is amended to read:

78A-2-301 .

Civil fees of the courts of record -- Courts complex design.

(1)(a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court of record not governed by another subsection is $375.

(b) The fee for filing a complaint or petition is:

- 17 - H.B.

366 Enrolled Copy (i) $90 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;

(ii) $200 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;

(iii) $375 if the claim for damages or amount in interpleader is $10,000 or more;

(iv) except as provided in Subsection (1)(b)(v), $325 if the petition is filed for an action described in Title 81, Chapter 4, Dissolution of Marriage;

(v) $35 for a petition for temporary separation described in Section 81-4-104;

(vi) $125 if the petition is for removal from the Sex, Kidnap, and Child Abuse Offender Registry under Section 53-29-204, 53-29-205, or 53-29-206;

and (vii) $35 if the petition is for guardianship and the prospective ward is the biological or adoptive child of the petitioner.

(c) The fee for filing a small claims affidavit is:

(i) $60 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $2,000 or less;

(ii) $100 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is greater than $2,000, but less than $7,500;

and (iii) $185 if the claim for damages or amount in interpleader exclusive of court costs, interest, and attorney fees is $7,500 or more.

(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party complaint, or other claim for relief against an existing or joined party other than the original complaint or petition is:

(i) $55 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less;

(ii) $165 if the claim for relief exclusive of court costs, interest, and attorney fees is greater than $2,000 and less than $10,000;

(iii) $170 if the original petition is filed under Subsection (1)(a), the claim for relief is $10,000 or more, or the party seeks relief other than monetary damages;

and (iv) $130 if the original petition is filed for an action described in Title 81, Chapter 4, Dissolution of Marriage.

(e) The fee for filing a small claims counter affidavit is:

(i) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000 or less;

(ii) $70 if the claim for relief exclusive of court costs, interest, and attorney fees is - 18 - Enrolled Copy H.B.

366 greater than $2,000, but less than $7,500;

and (iii) $120 if the claim for relief exclusive of court costs, interest, and attorney fees is $7,500 or more.

(f) The fee for depositing funds under Section 57-1-29 when not associated with an action already before the court is determined under Subsection (1)(b) based on the amount deposited.

(g) The fee for filing a petition is:

(i) $240 for trial de novo of an adjudication of the justice court or of the small claims department;

and (ii) $80 for an appeal of a municipal administrative determination in accordance with Section 10-3-703.7.

(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or petition for writ of certiorari is $240.

(i) The fee for filing a petition for expungement is $150.

(j)(i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be allocated to and between the Judges' Contributory Retirement Trust Fund and the Judges' Noncontributory Retirement Trust Fund, as provided in Title 49, Chapter 17, Judges' Contributory Retirement Act, and Title 49, Chapter 18, Judges' Noncontributory Retirement Act.

(ii) Four dollars of the fees established by Subsections (1)(a) through (i) shall be allocated by the state treasurer to be deposited into the restricted account, Children's Legal Defense Account, as provided in Section 51-9-408.

(iii) Five dollars of the fees established under Subsections (1)(a) through (e), (1)(g), and (1)(s) shall be allocated to and deposited with the Dispute Resolution Account as provided in Section 78B-6-209.

(iv) Thirty dollars of the fees established by Subsections (1)(a), (1)(b)(iii) and (iv), (1)(d)(iii) and (iv), (1)(g)(ii), (1)(h), and (1)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602.

(v) Twenty dollars of the fees established by Subsections (1)(b)(i) and (ii), (1)(d)(ii) and (1)(g)(i) shall be allocated by the state treasurer to be deposited into the restricted account, Court Security Account, as provided in Section 78A-2-602.

(k) The fee for filing a judgment, order, or decree of a court of another state or of the United States is $35.

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366 Enrolled Copy (l) The fee for filing a renewal of judgment in accordance with Section 78B-6-1801 is 50% of the fee for filing an original action seeking the same relief.

(m) The fee for filing probate or child custody documents from another state is $35.

(n)(i) The fee for filing an abstract or transcript of judgment, order, or decree of the State Tax Commission is $30.

(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing officer of this state or of its political subdivisions other than the State Tax Commission, is $50.

(o) The fee for filing a judgment by confession without action under Section 78B-5-205 is $35.

(p) The fee for filing an award of arbitration for confirmation, modification, or vacation under Title 78B, Chapter 11, Utah Uniform Arbitration Act, that is not part of an action before the court is $35.

(q) The fee for filing a petition or counter-petition to modify a domestic relations order other than a protective order or stalking injunction is $100.

(r) The fee for filing any accounting required by law is:

(i) $15 for an estate valued at $50,000 or less;

(ii) $30 for an estate valued at $75,000 or less but more than $50,000;

(iii) $50 for an estate valued at $112,000 or less but more than $75,000;

(iv) $90 for an estate valued at $168,000 or less but more than $112,000;

and (v) $175 for an estate valued at more than $168,000.

(s) The fee for filing a demand for a civil jury is $250.

(t) The fee for filing a notice of deposition in this state concerning an action pending in another state under Utah Rules of Civil Procedure, Rule 30 is $35.

(u) The fee for filing documents that require judicial approval but are not part of an action before the court is $35.

(v) The fee for a petition to open a sealed record is $35.

(w) The fee for a writ of replevin, attachment, execution, or garnishment is $50 in addition to any fee for a complaint or petition.

(x)(i) The fee for a petition for authorization for a minor to marry required by Section 81-2-304 is $5.

(ii) The fee for a petition for emancipation of a minor provided in Title 80, Chapter 7, Emancipation, is $50.

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366 (y) The fee for a certificate issued under Section 26B-8-128 is $8.

(z) The fee for a certified copy of a document is $4 per document plus 50 cents per page.

(aa) The fee for an exemplified copy of a document is $6 per document plus 50 cents per page.

(bb) The fee for filing a notice to convene a three-judge panel described in Section 78A-5-102.7 is $1,500.

[(bb)] (cc) The Judicial Council shall, by rule, establish a schedule of fees for copies of documents and forms and for the search and retrieval of records under Title 63G, Chapter 2, Government Records Access and Management Act.[ ] Fees under Subsection [(1)(bb) and (cc)] (1)(cc) and (dd) shall be credited to the court as a reimbursement of expenditures.

[(cc)] (dd) The Judicial Council may, by rule, establish a reasonable fee to allow members of the public to conduct a limited amount of searches on the Xchange database without having to pay a monthly subscription fee.

[(dd)] (ee) There is no fee for services or the filing of documents not listed in this section or otherwise provided by law.

[(ee)] (ff) Except as provided in this section, all fees collected under this section are paid to the General Fund.

Except as provided in this section, all fees shall be paid at the time the clerk accepts the pleading for filing or performs the requested service.

[(ff)] (gg) The filing fees under this section may not be charged to the state, the state's agencies, or political subdivisions filing or defending any action.

In judgments awarded in favor of the state, its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order the filing fees and collection costs to be paid by the judgment debtor.

The sums collected under this Subsection [(1)(ff)] (1)(gg) shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or other penalty and costs permitted by law.

(2)(a)(i) From March 17, 1994, until June 30, 1998, the state court administrator shall transfer all revenues representing the difference between the fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities Construction and Management Capital Projects Fund.

(ii)(A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities Construction and Management shall use up to $3,750,000 of the revenue deposited into the Capital Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the development of a courts - 21 - H.B.

366 Enrolled Copy complex in Salt Lake City.

(B) If the Legislature approves funding for construction of a courts complex in Salt Lake City in the 1995 Annual General Session, the Division of Facilities Construction and Management shall use the revenue deposited into the Capital Projects Fund under this Subsection (2)(a)(ii) to construct a courts complex in Salt Lake City.

(C) After the courts complex is completed and all bills connected with its construction have been paid, the Division of Facilities Construction and Management shall use any money remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernal District Court building.

(iii) The Division of Facilities Construction and Management may enter into agreements and make expenditures related to this project before the receipt of revenues provided for under this Subsection (2)(a)(iii).

(iv) The Division of Facilities Construction and Management shall:

(A) make those expenditures from unexpended and unencumbered building funds already appropriated to the Capital Projects Fund;

and (B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under this Subsection (2).

(b) After June 30, 1998, the state court administrator shall ensure that all revenues representing the difference between the fees in effect after May 2, 1994, and the fees in effect before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted account.

(c) The Division of Finance shall deposit all revenues received from the state court administrator into the restricted account created by this section.

(d)(i) From May 1, 1995, until June 30, 1998, the state court administrator shall transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of Facilities Construction and Management Capital Projects Fund.

The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.

(ii) After June 30, 1998, the state court administrator or a municipality shall transfer $7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of Finance for deposit in the restricted account created by this section.

The division of money pursuant to - 22 - Enrolled Copy H.B.

366 Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.

(3)(a) There is created within the General Fund a restricted account known as the State Courts Complex Account.

(b) The Legislature may appropriate money from the restricted account to the state court administrator for the following purposes only:

(i) to repay costs associated with the construction of the court complex that were funded from sources other than revenues provided for under this Subsection (3)(b)(i);

and (ii) to cover operations and maintenance costs on the court complex.

Section 14.

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

78A-4-102 .

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

(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 Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, and 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.

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366 Enrolled Copy (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.

(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 15.

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 - 24 - Enrolled Copy H.B.

366 (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:

(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;