HB 540 — Judicial Transparency and Information Access Amendments

{(1)(1) {"Audiostream" means a live internet broadcast of audio.} } (2){(1)} "Court" means the justice court, the district court, the juvenile court, the Business and Chancery Court, the Court of Appeals, or the Supreme Court.

- 7 - HB0540 compared with HB0540S02 (3) "Court record" means all or any portion of papers, documents, exhibits, orders, opinions, recordings, dockets, and other information that are made, entered, filed, or maintained by a court in connection with a case or court proceeding.

(4) "Court record {database} website" means the {online database } website for court records described in Subsection 78A-1-204(1).

(5) "Public court proceeding" means a {hearing, trial, or other appearance before a } court proceeding that is open to the public.

Section 78A-1-20278A-1-202, which is renumbered from Section 78A-2-208 is renumbered and amended to read:

[78A-2-208] 78A-1-202.78A-1-202 (Effective 01/01/27).

(Effective 01/01/27){Sittings of courts -- To } Court proceedings to be public -- Notice to public of recording -- Right to exclude in certain cases.

[(1) {[}The The{] Except as provided in Subsections (3) and (4), the} sittings of every court of this state are public{[}public, , except as provided in Subsections (3) and (4).] (1) Except as otherwise provided in this section, a court proceeding is public.

(2) {.The Judicial Council shall require that notice be given to the public that [the proceedings are] a court proceeding is being recorded when an electronic or digital recording system is being used during [court proceedings] the court proceeding.

{(2)} The Judicial Council shall require that notice be given to the public that [the proceedings are] a court proceeding is being recorded when an electronic or digital recording system is being used during [court proceedings] the court proceeding.

(4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault with intent to commit rape, the court may, in the court's discretion, exclude all persons who do- not7 have- aH.B. direct interest in the [proceedings] court proceeding, except jurors, witnesses, and officers of the court.

540 Enrolled Copy do not have a direct interest in the [proceedings] court proceeding, except jurors, witnesses, and officers of the court.

Section 478A-1-203 is enacted to read:

78A-1-203.78A-1-203 (Effective 01/01/27).

(Effective 01/01/27){Audiostream } Audio recording of a public court proceeding -- {Recording of an audiostream} Reporting requirement.

{(1)(1)(a) {AsAn usedaudio inrecording thisshall section,be "courtmade website" means the same as that term is defined in Section 78A-2-233.} } {(2) {Except as provided in Subsection (5), the Administrative Office of theeach Courts shall:} } {(a) {make an audiostream of a public court proceedingproceeding. freely available to the public and provide a link to access the audiostream on a court website in a form that is easily accessible;

and}(b) }An -audio 8recording -described HB0540in comparedSubsection with(1)(a) HB0540S02shall (b){(1)}include (i){(a)}all {createopen anportions }of Anthe audiopublic recordingcourt shallproceeding befrom madethe commencement of eachthe {audiostreampublic ofcourt aproceeding }through the adjournment of the public court proceeding{;}proceeding. .

{(ii)(2)(a) {postAn onindividual amay courtrequest websitean the audio recording,recording orof a link to the audio recording, within three business days after the day on which the public court proceedingproceeding. is held;

and}(b) }Upon {(iii)a {makerequest thefor audioan recording, or link to the audio recording, freely available to the public on the court website.} } {(3) {An audio recording described in Subsection (2)(b) shall:} } (a){(b)} An audio recording described in Subsection (1)(a) shall include all open portions of thea public court proceedingproceeding, from the commencementAdministrative Office of the publicCourts courtshall proceedingprovide through the adjournmentaudio ofrecording to the publicindividual. court proceeding{;

and} .

(2) (b){(a)} {be properly labeled or identified with the date, time, and place } An individual may request an audio recording of {the } a public court proceeding.

(4){(b)} {An } Upon a request for an audio recording of a public court proceeding {that is posted on the court website under Subsection (2)(b) may not be removed or deleted from } , the Administrative Office of the Court shall provide the {website or made inaccessible } audio recording to the {public} individual.

(5){(3)}(3) This section does not apply to a public court proceeding in the justice court.

Section 578A-1-204 is enacted to read:

78A-1-204.78A-1-204 (Effective 01/01/27).

(EffectiveRequirements 01/01/27)Requirements for {online } court record {database} website.

(1) - 9 - HB0540 compared with HB0540S02 (a) The Judicial Council shall establish and maintain a single {online database } website that allows the public to search and access all public court records in accordance with the requirements of this section.

(b)(2) TheTo Judicialcomply Council shall contract, in accordance with TitleSection 63G,78A-2-233, Chapterthe 6a,court Utahrecord Procurementwebsite Code,shall withprovide aremote thirdaccess party to establishall andpublic maintain the court recordrecords {databasethrough }a websitenetwork underor Subsectionsystem (1)(a).that:

(2) To comply with Section 78A-2-233, the court record {database } website shall provide remote access to all public court records through a network or system that:

and (b) provides restricted access through security standards developed by the Judicial Council,- including8 a- registrationEnrolled requirementCopy underH.B. which a prospective user must provide the prospective user's:

540 Council, including a registration requirement under which a prospective user must provide the prospective user's:

(3)(3)(a) (a) The court record {database } website shall allow an individual to conduct a search by using:

{or} {(vii) {search terms, including the ability to conduct a search for an exact match of search terms.} } {(4) } (vii) the case status;

(a){(4)}(4) Except as provided in {Subsection (4)(b)} Section 78A-2-301.7, the Judicial Council may not require a person to pay a fee to:

(i){(a)}(a) access the court record {database} website;

-(b) 10 - HB0540 compared with HB0540S02 (ii){(b)} create an account or register to obtain access to the court record {database} website;

(iii){(c)}(c) conduct a search in the court record {database} website;

or (iv){(d)}(d) download a document from the court record {database} website.

{(b)(5) {TheThe Judicial Council mayshall requirepost a personlink to paythe acourt feerecord for:}website }in {(i)a {eachprominent searchplace inon the courtwebsite record database that is beyond 50 for athe calendarUtah month;state courts.

and} } {(ii) {each download of a document in the court record database that is beyond 50 for a calendar month.} } (5) The Judicial Council shall post a link to the court record {database } website in a prominent place on the website for the Utah state courts.

Section 678A-2-114 is enacted to read:

78A-2-114.78A-2-114 (Effective 05/06/26).

and (b)- post9 a- judicialH.B. officer's annual financial disclosure described in Subsection (2)(a) on a website that allows the public to access the disclosure.

540 Enrolled Copy (b) post a judicial officer's annual financial disclosure described in Subsection (2)(a) on a website that allows the public to access the disclosure.

78A-2-301.78A-2-301 (Effective 01/01/27).

(EffectiveCivil 01/01/27)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.

- 11 - HB0540 compared with HB0540S02 (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;

(i)- $5510 if- theEnrolled claimCopy forH.B. relief exclusive of court costs, interest, and attorney fees is $2,000 or less;

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

- 12 - HB0540 compared with HB0540S02 (g) The fee for filing a petition is:

(j)(j)(i) (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.

(iii)- Five11 dollars- ofH.B. 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.

540 Enrolled Copy (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.

(l) The fee for filing a renewal of judgment in accordance with [Section 78B-6-1801]Title78B-6-1801] Title 78B, Chapter 6, Part 18, Renewal of Judgment Act, is 50% of the fee for filing an original action seeking the same relief.

(n)(n)(i) - 13 - HB0540 compared with HB0540S02 (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]the[its] the state's political subdivisions other than the State Tax Commission, is $50.

and (v)- $17512 for- anEnrolled estateCopy valuedH.B. at more than $168,000.

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

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

- 14 - HB0540 compared with HB0540S02 [(bb) 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.

{(3) } {(a) {The Judicial Council shall, by rule and in accordance with Section 63G-2-702, 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.} } {(b) {The Judicial Council may not establish fees under Subsection (3)(a) for the search and retrieval of records in the court records database described in Section 78A-1-204.} } {(c) {A fee under Subsection (3)(a) shall be credited to the court as a reimbursement of expenditures.} } [(ee)] (4){(3)}(3) Except as provided in this section, all fees collected under this section are paid [to]into[to] into the General Fund[.

[(ff)] (5){(4)}(4) 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.

(a)(5)(a) [In]Except[In] Except as provided in Subsection {(6)(b)} (5)(b), in{,in } judgments awarded in favor of the state[its]state[, its] or the state's agencies[,] or political subdivisions, [except the Office of Recovery- Services,13 ]the- courtH.B. shall order the filing fees and collection costs to be paid by the judgment debtor.

(b)540 SubsectionEnrolled {(6)(a)Copy }Recovery (5)(a)Services, does]the notcourt applyshall toorder athe judgmentfiling awardedfees inand favorcollection ofcosts theto Officebe ofpaid Recoveryby Services.the judgment debtor.

(c)(b) The sums collected under [this Subsection (1)(ff)]Subsection {(6)(a)} (5)(a) shalldoes benot appliedapply to thea feesjudgment afterawarded creditin tofavor of the judgment,Office order,of fine,Recovery tax,Services. lien, or other penalty and costs permitted by law.

[(2){](c) {(7)}The }sums {[(a)}collected - 15 - HB0540 compared with HB0540S02 (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[this Subsection (2)(a)(1)(ff)] to design and take other actions necessary to initiate the development of a courts complex in Salt Lake City.] [(B) If the Legislature approves funding for construction of a courts complex in Salt Lake City in the 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)(5)(a) 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 usebe anyapplied money remaining in the Capital Projects Fund under this Subsection (2)(a)(ii) to fund the Vernalfees Districtafter Courtcredit building.] [(iii) The Division of Facilities Construction and Management may enter into agreements and make expenditures related to this project before the receiptjudgment, oforder, revenuesfine, providedtax, forlien, underor thisother Subsectionpenalty (2)(a)(iii).] [(iv) The Division of Facilities Construction and Managementcosts shall:]permitted [(A)by makelaw. those expenditures from unexpended and unencumbered building funds already appropriated to the Capital Projects Fund;

and][(2)(a)(i) [(B)From reimburseMarch 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 FundFund.] upon[(ii)(A) receiptExcept as provided in Subsection (2)(a)(ii)(B), the Division of Facilities Construction and Management shall use up to $3,750,000 of the revenuesrevenue provideddeposited forinto the Capital Projects Fund under this Subsection (2).](2)(a) [(b)]to (6)design (a){[{(b)}and {]}take {(a)}other }actions [Afternecessary Juneto 30,initiate 1998,the the]Thedevelopment stateof courta administratorcourts shallcomplex ensurein thatSalt allLake revenuesCity.] representing[(B) If the differenceLegislature betweenapproves funding for construction of a courts complex in Salt Lake City in the fees1995 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 effectSalt afterLake MayCity.] 2,[(C) 1994,After the courts complex is completed and all bills connected with its construction have been paid, the feesDivision of Facilities Construction and Management shall use any money remaining in effectthe beforeCapital FebruaryProjects 1,Fund 1994,under arethis transferredSubsection (2)(a)(ii) to fund the Vernal District Court building.] [(iii) The Division of FinanceFacilities forConstruction depositand [in]intoManagement may enter into agreements and make expenditures related to this project before the restrictedreceipt accountof createdrevenues inprovided for under this Subsection {(8)}(2)(a)(iii).] (7).[(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;

[(c)and] The[(B) Divisionreimburse of Finance shall deposit all revenues received from the stateCapital courtProjects administratorFund intoupon thereceipt restricted account created by this section.] - 16 - HB0540 compared with HB0540S02 [(d){] {(b)} } {[(i)} From May 1, 1995, until June 30, 1998, the state court administrator shall transfer $7 of the amountrevenues ofprovided a fine or bail forfeiture paid for aunder violationthis ofSubsection Title(2).] 41,- Motor14 Vehicles,- inEnrolled aCopy courtH.B. of record to the Division of Facilities Construction and Management Capital Projects Fund.

The540 division[(b)] of(6)(a) money[After 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] (b) (i) The state court administrator orshall aensure municipalitythat shallall transferrevenues $7representing of the amountdifference ofbetween athe fine,fees orin [baileffect forfeiture]voluntaryafter paymentMay under2, Section1994, 77-7-21,and paidthe forfees ain violationeffect ofbefore TitleFebruary 41,1, Motor1994, Vehicles,are intransferred a court of record to the Division of Finance for deposit [in]into[in] into the restricted account created by this section.[ The division of money pursuant to Section 78A-5-110 shall be calculated on the balance of the fine or bail forfeiture paid.] The remaining amount of the fine, or voluntary payment under Section 77-7-21, after the $7 transfer described in Subsection {(7)(b)(i)(7). } (6)(b)(i) shall be allocated in accordance with Section 78A-5-110.

[(c) The Division of Finance shall deposit all revenues received underfrom thisthe Subsectionstate {(7)court }administrator (6) 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 Subsectiona {(8)}court (7).of record to the Division of Facilities Construction and Management Capital Projects Fund.

[(3)]The (8){(7)}division (a)of Theremoney ispursuant createdto withinSection 78A-5-110 shall be calculated on the Generalbalance Fundof the fine or bail forfeiture paid.] [(ii) After June 30, 1998, the] (b)(i) The state court administrator or a municipality shall transfer $7 of the amount of a fine, or [bail forfeiture] voluntary payment under Section 77-7-21, paid for a violation of Title 41, Motor Vehicles, in a court of record to the Division of Finance for deposit [in] into the restricted account knowncreated asby this section.[ The division of money pursuant to Section 78A-5-110 shall be calculated on the Statebalance Courtsof Complexthe Account.fine or bail forfeiture paid.] (ii) The remaining amount of the fine, or voluntary payment under Section 77-7-21, after the $7 transfer described in Subsection (6)(b)(i) shall be allocated in accordance with Section 78A-5-110.

(iii) The Division of Finance shall deposit all revenues received under this Subsection (6) into the restricted account created in Subsection (7).

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

(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)]{(8)(b)(i)}[ (3)(b)(i)] (7)(b)(i);

78A-2-301.5.78A-2-301.5 (Effective 01/01/27).

(EffectiveCivil 01/01/27)Civil fees for justice courts.

(1)- The15 fee- forH.B. filing a small claims affidavit is:

540 Enrolled Copy (1) The fee for filing a small claims affidavit is:

- 17 - HB0540 compared with HB0540S02 (b) $100 if the claim for damages or amount in interpleader exclusive of justice court costs, interest, and attorney fees is greater than $2,000, but less than $7,500;

(6)(6)(a) (a) The fee for filing a notice of appeal to a court of record is $10.[ ] (b) [ This] The{The fee{]} {(b)} {The fee } described in Subsection (6)(a) covers all services of the justice court on appeal but does not satisfy the trial de novo filing fee in the court of record.

(11)(11)(a) (a) The filing fees under this section may not be charged to the state[, {[} its] or the state's agencies[,] or political subdivisions filing or defending any action.[ ] - 18 - HB0540 compared with HB0540S02 (b) [In] Except as provided in Subsection {(11)(d)} (11)(c), in judgments awarded in favor of the state[, {[} its] or the state's agencies[,] or political subdivisions, [except the Office of Recovery Services, ]the court shall order the filing fees and collection costs to be paid- by16 the- judgmentEnrolled debtor.[Copy ]H.B. (c) Subsection (11)(b) does not apply to a judgment awarded in favor of the Office of Recovery Services.

540 paid by the judgment debtor.[ ] (c) Subsection (11)(b) does not apply to a judgment awarded in favor of the Office of Recovery Services.

{(d) {Subsection (11)(b) does not apply to a judgment awarded in favor of the Office of Recovery Services.} } (12) The justice court may not impose any of the fees described in Subsection 78A-1-204(4) for a public court record from the justice court that is in the court recordsrecord databasewebsite described in Section 78A-1-204.

Section 978A-2-301.7 is enacted to read:

78A-2-301.7.78A-2-301.7 (Effective 01/01/27).

(3)(3)(a) (a) Except as provided in Subsection (3)(b), the Judicial Council may not establish fees for the search and retrieval of records in the court recordsrecord website.

(4) The Judicial Council may establish fees to search and retrieve an audio recording of a public court proceeding under Section 78A-1-202,78A-1-203, except that the Judicial Council may not establish a fee or a charge a fee:

- 19 - HB0540 compared with HB0540S02 (5) The fees under this section may not be charged to the state, the state's agencies, or political subdivisions.

Section 7.

Section 7 is enacted to read:

CHAPTER 9a.

Judges 78A-9a-101.

Definitions for chapter.

Reserved.

Section 8.

Section 8 is enacted to read:

78A-9a-102.

Prohibition on hiring of a judge -- Time limit.

(1) As used in this section, "judge" means a judge of a court of record in this state.

(2) If a law firm is representing, or intends to represent, a person in an action in which the person is suing a government entity of this state, the law firm may not hire a judge after the judge leaves office for two calendar years, beginning on the day that the judge leaves office and ending on the two-year anniversary of that day.

(3) This section applies to any judge or former judge regardless of the date on which the judge or former judge leaves office.

Section 9.

Section 9 is enacted to read:

78A-9a-103.

Judicial financial disclosure -- Reporting requirement.

(1) As used in this section, "judicial officer" means a judge or a court commissioner of the justice court, the district court, the juvenile court, the Business and Chancery Court, the Court of Appeals, or the Supreme Court.

(2) The Judicial Council shall:

(a) by rule, require a judicial officer to submit an annual financial disclosure that is consistent and comparable to the conflict of interest disclosure described in Section 20A-11-1604;

and (b) post a judicial officer's annual financial disclosure described in Subsection (2)(a) on a website that allows the public to access the disclosure.

(3) Before November 1, 2026, the Judicial Council shall submit a written report describing the actions the Judicial Council has taken under Subsection (2) to the Judiciary Interim Committee.

Effective date.

-(1) 20 - HB0540 compared with HB0540S02 {This } Except as provided in Subsection (2), this bill takes effect {on May 6, 2026} January 1, 2027.

(2)- The17 actions- affectingH.B. Section 78A-2-114 (Effective 05/06/26) take effect on May 6, 2026.

2-28-26540 10:26Enrolled PMCopy -(2) 21The -actions affecting Section 78A-2-114 (Effective 05/06/26) take effect on May 6, 2026.

- 18 -