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H.B. 330
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JUDICIAL AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Patrice M. Arent
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AN ACT RELATING TO JUDICIAL CODE; CLARIFYING HOW INTEREST ON CRIMINAL
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PENALTIES IS PAID TO THE GOVERNMENTAL ENTITY TO WHICH THE REVENUE IS
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PAID; ELIMINATING THE REQUIREMENT OF THE COUNTY ATTORNEY TO MONITOR
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ACCOUNTS RECEIVABLE; CLARIFYING THE FEE AMOUNT FOR A COUNTERCLAIM
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WITHOUT A CLAIM FOR MONETARY DAMAGES; CONFORMING CONCURRENT
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JURISDICTION OF JUVENILE COURT TO THAT OF DISTRICT COURT; CORRECTING
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A PROVISION REGARDING SURCHARGES ON COMPENSATORY SERVICE; AND
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INCREASING THE FEE FOR TRANSCRIBING HEARINGS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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15-1-4, as last amended by Chapter 279, Laws of Utah 1999
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17-18-1 (Superseded 01/01/01), as last amended by Chapter 302, Laws of Utah 1995
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17-18-1 (Effective 01/01/01), as last amended by Chapter 372, Laws of Utah 1995
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21-1-5, as last amended by Chapter 309, Laws of Utah 1999
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78-3a-104, as last amended by Chapters 99 and 164, Laws of Utah 1999
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78-3a-105, as last amended by Chapter 274, Laws of Utah 1998
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78-3a-118, as last amended by Chapters 103 and 363, Laws of Utah 1999
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78-56-108, as last amended by Chapter 171, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
15-1-4
is amended to read:
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15-1-4. Interest on judgments.
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(1) As used in this section, "federal postjudgment interest rate" means the interest rate
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established for the federal court system under 28 U.S.C. Sec. 1961, as amended.
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(2) Any judgment rendered on a lawful contract shall conform to the contract and shall
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bear the interest agreed upon by the parties, which shall be specified in the judgment.
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(3) (a) Except as otherwise provided by law, other civil and criminal judgments of the
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district court and justice court shall bear interest at the federal postjudgment interest rate as of
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January 1 of each year, plus 2%.
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(b) The postjudgment interest rate in effect at the time of the judgment shall remain the
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interest rate for the duration of the judgment.
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(c) The interest on criminal judgments shall be calculated on the total amount of the
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judgment.
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(d) Interest paid on state revenue shall be deposited in accordance with Section
63A-8-301
.
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(e) Interest paid on revenue to a county or municipality shall be paid to the general fund
39
of the county or municipality.
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Section 2.
Section
17-18-1 (Effective 01/01/01)
is amended to read:
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17-18-1 (Effective 01/01/01). Powers -- Duties of county attorney -- Prohibitions.
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(1) (a) In each county which is not within a prosecution district, the county attorney is a
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public prosecutor and shall:
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(i) conduct on behalf of the state all prosecutions for public offenses committed within the
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county, except for prosecutions undertaken by the city attorney under Section
10-3-928
and appeals
46
from them;
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(ii) institute proceedings before the proper magistrate for the arrest of persons charged with
48
or reasonably suspected of any public offense when in possession of information that the offense
49
has been committed, and for that purpose shall attend court in person or by deputy in cases of
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arrests when required; and
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(iii) when it does not conflict with other official duties, attend to all legal business required
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in the county by the attorney general without charge when the interests of the state are involved.
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(b) All the duties and powers of public prosecutor shall be assumed and discharged by the
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county attorney.
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(2) The county attorney:
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(a) shall appear and prosecute for the state in the district court of the county in all criminal
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prosecutions;
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(b) may, subject to Title 67, Chapter 23, Public Attorneys Act, appear and prosecute in all
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civil cases in which the state may be interested; and
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(c) shall render assistance as required by the attorney general in all cases that may be
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appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the
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county attorney as a misdemeanor in the district court.
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(3) The county attorney shall:
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(a) attend the deliberations of the grand jury;
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(b) draw all indictments and informations for offenses against the laws of this state within
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the county;
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(c) cause all persons indicted or informed against to be speedily arraigned;
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(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
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jury;
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(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to
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the district court of the county;
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(f) upon the order of the court, institute proceedings in the name of the state for recovery
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upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
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of them; and
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(g) perform other duties as required by law.
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(4) The county attorney shall:
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[(a) receive from the clerk of the district court a record of past-due fines, penalties, costs,
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and forfeitures and take action to collect the past-due amounts;]
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[(b) at the close of every term of the district court prepare a statement of all fines,
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penalties, and forfeitures accruing to the state that have been collected or received by any officer
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required to collect or receive them, stating each case and the amount, and shall transmit the list to
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the state auditor; and]
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[(c) proceed against any officer and sureties under this subsection for any neglect of duty.]
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[(5) The county attorney shall:]
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(a) ascertain by all practicable means what estate or property within the county has
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escheated or reverted to the state;
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(b) require the assessor of taxes of the county to furnish annually a list of all real or
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personal property that may have so escheated or reverted; and
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(c) file a copy of the list in the office of the state auditor and of the attorney general.
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[(6)] (5) The county attorney shall:
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(a) each year on the first business day of August file a report with the attorney general
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covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
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character of the offenses charged, the number of convictions, the amount of fines and penalties
94
imposed, and the amount collected; and
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(b) call attention to any defect in the operation of the laws and suggest amendments to
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correct the defect.
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[(7)] (6) The county attorney shall:
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(a) appear and prosecute for the state in the juvenile court of the county in any proceeding
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involving delinquency;
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(b) represent the state in any proceeding pending before the juvenile court if any rights to
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the custody of any juvenile are asserted by any third person; and
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(c) prosecute before the court any person charged with abuse, neglect, or contributing to
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the delinquency or dependency of a juvenile.
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[(8)] (7) Subject to the requirements of Title 67, Chapter 23, Public Attorneys Act, the
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county attorney shall:
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(a) defend all actions brought against the county;
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(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
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to the county;
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(c) give, when required and without fee, an opinion in writing to county, district, and
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precinct officers on matters relating to the duties of their respective offices;
111
(d) deliver receipts for money or property received in an official capacity and file
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duplicates with the county treasurer; and
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(e) on the first Monday of each month file with the auditor an account verified by oath of
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all money received in an official capacity during the preceding month, and at the same time pay
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it over to the county treasurer.
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[(9)] (8) A county attorney may not:
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(a) in any manner consult, advise, counsel, or defend within this state any person charged
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with any crime, misdemeanor, or breach of any penal statute or ordinance;
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(b) be qualified to prosecute or dismiss in the name of the state any case in which the
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county attorney has previously acted as counsel for the accused on the pending charge; or
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(c) in any case compromise any cause or enter a nolle prosequi after the filing of an
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indictment or information without the consent of the court.
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[(10)] (9) If at any time after investigation by the district judge involved, the judge finds
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and recommends that the county attorney in any county is unable to satisfactorily and adequately
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perform the duties in prosecuting a criminal case without additional legal assistance, the attorney
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general shall provide the additional assistance.
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Section 3.
Section
17-18-1 (Superseded 01/01/01)
is amended to read:
128
17-18-1 (Superseded 01/01/01). Powers -- Duties of county attorney -- Prohibitions.
129
(1) In each county which is not within a prosecution district, the county attorney is a public
130
prosecutor and shall:
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(a) conduct on behalf of the state all prosecutions for public offenses committed within
132
the county, except for prosecutions undertaken by the city attorney under Section
10-3-928
and
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appeals from them;
134
(b) institute proceedings before the proper magistrate for the arrest of persons charged with
135
or reasonably suspected of any public offense when in possession of information that the offense
136
has been committed, and for that purpose shall attend court in person or by deputy in cases of
137
arrests when required; and
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(c) when it does not conflict with other official duties, attend to all legal business required
139
in the county by the attorney general without charge when the interests of the state are involved.
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All the duties and powers of public prosecutor shall be assumed and discharged by the county
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attorney.
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(2) The county attorney:
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(a) shall appear and prosecute for the state in the district court of the county in all criminal
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prosecutions;
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(b) may appear and prosecute in all civil cases in which the state may be interested; and
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(c) shall render assistance as required by the attorney general in all cases that may be
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appealed to the Supreme Court and shall prosecute the appeal from any crime charged by the
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county attorney as a misdemeanor in the district court.
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(3) The county attorney shall:
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(a) attend the deliberations of the grand jury;
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(b) draw all indictments and informations for offenses against the laws of this state within
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the county;
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(c) cause all persons indicted or informed against to be speedily arraigned;
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(d) cause all witnesses for the state to be subpoenaed to appear before the court or grand
155
jury;
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(e) examine carefully into the sufficiency of all appearance bonds that may be tendered to
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the district court of the county;
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(f) upon the order of the court, institute proceedings in the name of the state for recovery
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upon the forfeiture of any appearance or other bonds running to the state and enforce the collection
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of them; and
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(g) perform other duties as required by law.
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(4) The county attorney shall:
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[(a) receive from the clerk of the district court a record of past-due fines, penalties, costs,
164
and forfeitures and take action to collect the past-due amounts;]
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[(b) at the close of every term of the district court prepare a statement of all fines,
166
penalties, and forfeitures accruing to the state that have been collected or received by any officer
167
required to collect or receive them, stating each case and the amount, and shall transmit the list to
168
the state auditor; and]
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[(c) proceed against any officer and sureties under this subsection for any neglect of duty.]
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[(5) The county attorney shall:]
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(a) ascertain by all practicable means what estate or property within the county has
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escheated or reverted to the state;
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(b) require the assessor of taxes of the county to furnish annually a list of all real or
174
personal property that may have so escheated or reverted; and
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(c) file a copy of the list in the office of the state auditor and of the attorney general.
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[(6)] (5) The county attorney shall:
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(a) each year on the first business day of August file a report with the attorney general
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covering the preceding fiscal year, stating the number of criminal prosecutions in the district, the
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character of the offenses charged, the number of convictions, the amount of fines and penalties
180
imposed, and the amount collected; and
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(b) call attention to any defect in the operation of the laws and suggest amendments to
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correct the defect.
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[(7)] (6) The county attorney shall:
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(a) appear and prosecute for the state in the juvenile court of the county in any proceeding
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involving delinquency;
186
(b) represent the state in any proceeding pending before the juvenile court if any rights to
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the custody of any juvenile are asserted by any third person; and
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(c) prosecute before the court any person charged with abuse, neglect, or contributing to
189
the delinquency or dependency of a juvenile.
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[(8)] (7) The county attorney shall:
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(a) defend all actions brought against the county;
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(b) prosecute all actions for the recovery of debts, fines, penalties, and forfeitures accruing
193
to the county;
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(c) give, when required and without fee, an opinion in writing to county, district, and
195
precinct officers on matters relating to the duties of their respective offices;
196
(d) deliver receipts for money or property received in an official capacity and file
197
duplicates with the county treasurer; and
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(e) on the first Monday of each month file with the auditor an account verified by oath of
199
all money received in an official capacity during the preceding month, and at the same time pay
200
it over to the county treasurer.
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[(9)] (8) A county attorney may not:
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(a) in any manner consult, advise, counsel, or defend within this state any person charged
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with any crime, misdemeanor, or breach of any penal statute or ordinance;
204
(b) be qualified to prosecute or dismiss in the name of the state any case in which the
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county attorney has previously acted as counsel for the accused on the pending charge; or
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(c) in any case compromise any cause or enter a nolle prosequi after the filing of an
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indictment or information without the consent of the court.
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[(10)] (9) If at any time after investigation by the district judge involved, the judge finds
209
and recommends that the county attorney in any county is unable to satisfactorily and adequately
210
perform the duties in prosecuting a criminal case without additional legal assistance, the attorney
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general shall provide the additional assistance.
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Section 4.
Section
21-1-5
is amended to read:
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21-1-5. Civil fees of the courts of record -- Courts complex design.
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(1) (a) The fee for filing any civil complaint or petition invoking the jurisdiction of a court
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of record not governed by another subsection is $120.
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(b) The fee for filing a complaint or petition is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less;
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(ii) $80 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000 and less than $10,000;
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(iii) $120 if the claim for damages or amount in interpleader is $10,000 or more; and
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(iv) $80 if the petition is filed under Title 30, Chapter 3, Divorce, or Title 30, Chapter 4,
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Separate Maintenance.
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(c) The fee for filing a small claims affidavit is:
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(i) $37 if the claim for damages or amount in interpleader exclusive of court costs, interest,
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and attorney fees is $2,000 or less; and
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(ii) $60 if the claim for damages or amount in interpleader exclusive of court costs,
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interest, and attorney fees is greater than $2,000.
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(d) The fee for filing a counter claim, cross claim, complaint in intervention, third party
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complaint, or other claim for relief against an existing or joined party other than the original
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complaint or petition is:
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(i) $45 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less;
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(ii) $60 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000 and less than $10,000;
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(iii) $90 if the original petition is filed under Subsection (1)(a) [or when], the claim for
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relief is $10,000 or more, or the party seeks relief other than monetary damages; and
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(iv) $60 if the original petition is filed under Title 30, Chapter 3, Divorce, or Title 30,
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Chapter 4, Separate Maintenance.
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(e) The fee for filing a small claims counter affidavit is:
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(i) $35 if the claim for relief exclusive of court costs, interest, and attorney fees is $2,000
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or less; and
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(ii) $50 if the claim for relief exclusive of court costs, interest, and attorney fees is greater
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than $2,000.
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(f) The fee for depositing funds under Section
57-1-29
when not associated with an action
246
already before the court is determined under Subsection (1)(b) based on the amount deposited.
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(g) The fee for filing a petition for trial de novo of an adjudication of the justice court or
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of the small claims department is $70.
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(h) The fee for filing a notice of appeal, petition for appeal of an interlocutory order, or
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petition for writ of certiorari is $190.
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(i) (i) Except for a petition filed under Subsection
77-18-10
(2), the fee for filing a petition
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for expungement is $50.
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(ii) There is no fee for a petition filed under Subsection
77-18-10
(2).
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(j) (i) Fifteen dollars of the fees established by Subsections (1)(a) through (i) shall be
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allocated to the Judges' Retirement Trust Fund, as provided in Title 49, Chapter 6, Judges'
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Retirement Act.
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(ii) Two dollars of the fees established by Subsections (1)(a) through (i) shall be allocated
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by the state treasurer to be deposited in the restricted account, Children's Legal Defense Account,
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as provided in Section
63-63a-8
.
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(iii) One dollar of the fees established under Subsections (1)(a) through (e), (1)(g), and
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(1)(r) shall be allocated to and deposited with the Dispute Resolution Fund as provided in Section
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78-31b-9
.
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(k) The fee for filing a judgment, order, or decree of a court of another state or of the
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United States is $25.
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(l) The fee for filing probate or child custody documents from another state is $25.
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(m) (i) The fee for filing an abstract or transcript of judgment, order, or decree of the Utah
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State Tax Commission is $30.
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(ii) The fee for filing an abstract or transcript of judgment of a court of law of this state
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or a judgment, order, or decree of an administrative agency, commission, board, council, or hearing
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officer of this state or of its political subdivisions other than the Utah State Tax Commission, is
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$40.
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(n) The fee for filing a judgment by confession without action under Section
78-22-3
is
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$25.
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(o) The fee for filing an award of arbitration for confirmation, modification, or vacation
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under Title 78, Chapter 31a, Utah Arbitration Act, that is not part of an action before the court is
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$25.
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(p) The fee for filing a petition or counter-petition to modify a decree of divorce is $30.
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(q) The fee for filing any accounting required by law is:
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(i) $10 for an estate valued at $50,000 or less;
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(ii) $20 for an estate valued at $75,000 or less but more than $50,000;
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(iii) $40 for an estate valued at $112,000 or less but more than $75,000;
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(iv) $80 for an estate valued at $168,000 or less but more than $112,000; and
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(v) $150 for an estate valued at more than $168,000.
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(r) The fee for filing a demand for a civil jury is $50.
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(s) The fee for filing a notice of deposition in this state concerning an action pending in
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another state under Utah Rule of Civil Procedure 26 is $25.
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(t) The fee for filing documents that require judicial approval but are not part of an action
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before the court is $25.
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(u) The fee for a petition to open a sealed record is $25.
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(v) The fee for a writ of replevin, attachment, execution, or garnishment is $20 in addition
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to any fee for a complaint or petition.
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(w) The fee for a petition for authorization for a minor to marry required by Section
30-1-9
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is $5.
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(x) The fee for a certificate issued under Section
26-2-25
is $2.
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(y) The fee for a certified copy of a document is $2 per document plus 50 cents per page.
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(z) The fee for an exemplified copy of a document is $4 per document plus 50 cents per
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page.
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(aa) The Judicial Council shall by rule establish a schedule of fees for copies of documents
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and forms and for the search and retrieval of records under Title 63, Chapter 2, Government
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Records Access and Management Act. Fees under this subsection shall be credited to the court
301
as a reimbursement of expenditures.
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(bb) There is no fee for services or the filing of documents not listed in this section or
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otherwise provided by law.
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(cc) Except as provided in this section, all fees collected under this section are paid to the
305
General Fund. Except as provided in this section, all fees shall be paid at the time the clerk accepts
306
the pleading for filing or performs the requested service.
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(dd) The filing fees under this section may not be charged to the state, its agencies, or
308
political subdivisions filing or defending any action. In judgments awarded in favor of the state,
309
its agencies, or political subdivisions, except the Office of Recovery Services, the court shall order
310
the filing fees and collection costs to be paid by the judgment debtor. The sums collected under
311
this subsection shall be applied to the fees after credit to the judgment, order, fine, tax, lien, or
312
other penalty and costs permitted by law.
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(2) (a) (i) From March 17, 1994 until June 30, 1998, the administrator of the courts shall
314
transfer all revenues representing the difference between the fees in effect after May 2, 1994, and
315
the fees in effect before February 1, 1994, as dedicated credits to the Division of Facilities
316
Construction and Management Capital Projects Fund.
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(ii) (A) Except as provided in Subsection (2)(a)(ii)(B), the Division of Facilities
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Construction and Management shall use up to $3,750,000 of the revenue deposited in the Capital
319
Projects Fund under this Subsection (2)(a) to design and take other actions necessary to initiate the
320
development of a courts complex in Salt Lake City.
321
(B) If the Legislature approves funding for construction of a courts complex in Salt Lake
322
City in the 1995 Annual General Session, the Division of Facilities Construction and Management
323
shall use the revenue deposited in the Capital Projects Fund under Subsection (2)(a)(ii) to construct
324
a courts complex in Salt Lake City.
325
(C) After the courts complex is completed and all bills connected with its construction
326
have been paid, the Division of Facilities Construction and Management shall use any monies
327
remaining in the Capital Projects Fund under Subsection (2)(a)(ii) to fund the Vernal District Court
328
building.
329
(iii) The Division of Facilities Construction and Management may enter into agreements
330
and make expenditures related to this project before the receipt of revenues provided for under this
331
subsection.
332
(iv) The Division of Facilities Construction and Management shall:
333
(A) make those expenditures from unexpended and unencumbered building funds already
334
appropriated to the Capital Projects Fund; and
335
(B) reimburse the Capital Projects Fund upon receipt of the revenues provided for under
336
this Subsection (2).
337
(b) After June 30, 1998, the administrator of the courts shall ensure that all revenues
338
representing the difference between the fees in effect after May 2, 1994, and the fees in effect
339
before February 1, 1994, are transferred to the Division of Finance for deposit in the restricted
340
account.
341
(c) The Division of Finance shall deposit all revenues received from the court
342
administrator into the restricted account created by this section.
343
(d) (i) From May 1, 1995 until June 30, 1998, the administrator of the courts shall transfer
344
$7 of the amount of a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a
345
court of record to the Division of Facilities Construction and Management Capital Projects Fund.
346
The division of money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine
347
or bail forfeiture paid.
348
(ii) After June 30, 1998, the administrator of the courts shall transfer $7 of the amount of
349
a fine or bail forfeiture paid for a violation of Title 41, Motor Vehicles, in a court of record to the
350
Division of Finance for deposit in the restricted account created by this section. The division of
351
money pursuant to Section
78-3-14.5
shall be calculated on the balance of the fine or bail forfeiture
352
paid.
353
(3) (a) There is created within the General Fund a restricted account known as the State
354
Courts Complex Account.
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(b) The Legislature may appropriate monies from the restricted account to the
356
administrator of the courts for the following purposes only:
357
(i) to repay costs associated with the construction of the court complex that were funded
358
from sources other than revenues provided for under this Subsection (3); and
359
(ii) to cover operations and maintenance costs on the court complex.
360
Section 5.
Section
78-3a-104
is amended to read:
361
78-3a-104. Jurisdiction of juvenile court -- Original -- Exclusive.
362
(1) Except as otherwise provided by law, the juvenile court has exclusive original
363
jurisdiction in proceedings concerning:
364
(a) a minor who has violated any federal, state, or local law or municipal ordinance or a
365
person younger than 21 years of age who has violated any law or ordinance before becoming 18
366
years of age, regardless of where the violation occurred, excluding traffic laws and ordinances;
367
(b) a person 21 years of age or older who has failed or refused to comply with an order of
368
the juvenile court to pay a fine or restitution, if the order was imposed prior to the person's 21st
369
birthday; however, the continuing jurisdiction is limited to causing compliance with existing
370
orders;
371
(c) a minor who is an abused child, neglected child, or dependent child, as those terms are
372
defined in Section
78-3a-103
;
373
(d) a protective order for a minor who is alleged to be an abused child or neglected child,
374
except as provided in Section
78-3a-105
, and unless the petition is filed by a natural parent or
375
stepparent of the minor against a natural parent or stepparent of the minor;
376
(e) the determination of the custody of a minor or to appoint a guardian of the person or
377
other guardian of a minor who comes within the court's jurisdiction under other provisions of this
378
section;
379
(f) the termination of the legal parent-child relationship in accordance with Part 4,
380
Termination of Parental Rights Act, including termination of residual parental rights and duties;
381
(g) the treatment or commitment of a mentally retarded minor;
382
(h) a minor who is a habitual truant from school;
383
(i) the judicial consent to the marriage of a minor under age 16 upon a determination of
384
voluntariness or where otherwise required by law, employment, or enlistment of a minor when
385
consent is required by law;
386
(j) any parent or parents of a minor committed to a secure youth corrections facility, to
387
order, at the discretion of the court and on the recommendation of a secure youth corrections
388
facility, the parent or parents of a minor committed to a secure youth corrections facility for a
389
custodial term, to undergo group rehabilitation therapy under the direction of a secure youth
390
corrections facility therapist, who has supervision of that parent's or parents' minor, or any other
391
therapist the court may direct, for a period directed by the court as recommended by a secure youth
392
corrections facility;
393
(k) a minor under Title 55, Chapter 12, Interstate Compact on Juveniles;
394
(l) the treatment or commitment of a mentally ill child. The court may commit a child to
395
the physical custody of a local mental health authority or to the legal custody of the Division of
396
Mental Health in accordance with the procedures and requirements of Title 62A, Chapter 12, Part
397
2A, Commitment of Persons Under Age 18 to Division of Mental Health. The court may not
398
commit a child directly to the Utah State Hospital;
399
(m) the commitment of a minor in accordance with Section
62A-8-501
; and
400
(n) de novo review of final agency actions resulting from an informal adjudicative
401
proceeding as provided in Section
63-46b-15
.
402
(2) In addition to the provisions of Subsection (1)(a) the juvenile court has exclusive
403
jurisdiction over any traffic offense committed by a minor under 16 years of age and concurrent
404
jurisdiction over all other traffic offenses committed by a minor 16 years of age or older, except
405
that the court shall have exclusive jurisdiction over the following traffic offenses committed by
406
a minor under 18 years of age:
407
(a) Section
76-5-207
, automobile homicide;
408
(b) Section
41-6-44
, operating a vehicle while under the influence of alcohol or drugs;
409
(c) Section
41-6-45
, reckless driving;
410
(d) Section
41-1a-1314
, unauthorized control over a motor vehicle, trailer, or semitrailer
411
for an extended period of time; and
412
(e) Section
41-6-13.5
, fleeing a peace officer.
413
(3) The court also has jurisdiction over traffic offenses that are part of a single criminal
414
episode filed in a petition that contains an offense over which the court has jurisdiction.
415
(4) The juvenile court has jurisdiction over questions of custody, support, and visitation
416
certified to it by the district court pursuant to Section
78-3a-105
.
417
(5) The juvenile court has jurisdiction over an ungovernable or runaway minor who is
418
referred to it by the Division of Child and Family Services or by public or private agencies that
419
contract with the division to provide services to that minor where, despite earnest and persistent
420
efforts by the division or agency, the minor has demonstrated that he:
421
(a) is beyond the control of his parent, guardian, lawful custodian, or school authorities
422
to the extent that his behavior or condition endangers his own welfare or the welfare of others; or
423
(b) has run away from home.
424
(6) This section does not restrict the right of access to the juvenile court by private
425
agencies or other persons.
426
(7) The juvenile court has jurisdiction of all magistrate functions relative to cases arising
427
under Section
78-3a-602
.
428
Section 6.
Section
78-3a-105
is amended to read:
429
78-3a-105. Concurrent jurisdiction -- District court and juvenile court.
430
(1) The district court or other court has concurrent jurisdiction with the juvenile court as
431
follows:
432
(a) when a person who is 18 years of age or older and who is under the continuing
433
jurisdiction of the juvenile court under Section
78-3a-118
violates any federal, state, or local law
434
or municipal ordinance;
435
(b) in adoption proceedings, when the juvenile court has previously entered an order
436
terminating the rights of a parent, and finds that adoption is in the best interest of the minor;
437
adoption proceedings under this section shall be conducted in accordance with the procedures
438
described in Title 78, Chapter 30, Adoption;
439
(c) in establishing paternity and ordering testing for the purposes of establishing paternity,
440
in accordance with Title 78, Chapter 45a, Uniform Act on Paternity, with regard to proceedings
441
initiated under Part 3, Abuse, Neglect, and Dependency Proceedings, or Part 4, Termination of
442
Parental Rights Act; and
443
(d) in proceedings brought on behalf of a minor pursuant to Title 30, Chapter 6, Cohabitant
444
Abuse Act, unless the petition is filed by a natural parent or stepparent of the minor against a
445
natural parent or stepparent of the minor.
446
(2) The juvenile court has jurisdiction over petitions to modify a minor's birth certificate
447
if the court otherwise has jurisdiction over the minor.
448
(3) (a) This section does not deprive the district court of jurisdiction to appoint a guardian
449
for a minor, or to determine the support, custody, and visitation of a minor upon writ of habeas
450
corpus or when the question of support, custody, and visitation is incidental to the determination
451
of a cause in the district court.
452
(b) However, if a petition involving the same minor is pending in the juvenile court or the
453
juvenile court has previously acquired continuing jurisdiction over the same minor, the district
454
court shall certify the question of support, custody, and visitation to the juvenile court for
455
determination.
456
(4) When a question is certified to the juvenile court under Subsection (3), the findings and
457
order of the juvenile court judge are the order of the district court.
458
(5) (a) Where a support, custody, or visitation award has been made by a district court in
459
a divorce action or other proceeding, and the jurisdiction of the district court in the case is
460
continuing, the juvenile court may acquire jurisdiction in a case involving the same minor if the
461
minor is dependent, abused, neglected, or otherwise comes within the jurisdiction of the juvenile
462
court under Section
78-3a-104
.
463
(b) The juvenile court may, by order, change the custody, support, and visitation rights
464
previously ordered in the district court as necessary to implement the order of the juvenile court
465
for the safety and welfare of the minor. The juvenile court order remains in effect so long as the
466
jurisdiction of the juvenile court continues.
467
(6) When a copy of the findings and order of the juvenile court has been filed with the
468
district court, the findings and order of the juvenile court are binding on the parties to the divorce
469
action as though entered in the district court.
470
Section 7.
Section
78-3a-118
is amended to read:
471
78-3a-118. Adjudication of jurisdiction of juvenile court -- Disposition of cases --
472
Enumeration of possible court orders -- Considerations of court.
473
(1) (a) When a minor is found to come within the provisions of Section
78-3a-104
, the
474
court shall so adjudicate. The court shall make a finding of the facts upon which it bases its
475
jurisdiction over the minor. However, in cases within the provisions of Subsection
78-3a-104
(1),
476
findings of fact are not necessary.
477
(b) If the court adjudicates a minor for a crime of violence or an offense in violation of
478
Title 76, Chapter 10, Part 5, Weapons, it shall order that notice of the adjudication be provided to
479
the school superintendent of the district in which the minor resides or attends school. Notice shall
480
be made to the district superintendent within three days and shall include the specific offenses for
481
which the minor was adjudicated.
482
(2) Upon adjudication the court may make the following dispositions by court order:
483
(a) (i) The court may place the minor on probation or under protective supervision in the
484
minor's own home and upon conditions determined by the court, including compensatory service
485
as provided in Section
78-11-20.7
.
486
(ii) The court may place the minor in state supervision with the probation department of
487
the court, under the legal custody of his parent or guardian, the Division of Youth Corrections, or
488
the Division of Child and Family Services.
489
(iii) If the court orders probation or state supervision, the court shall direct that notice of
490
its order be provided to designated persons in the local law enforcement agency and the school or
491
transferee school, if applicable, which the minor attends. The designated persons may receive the
492
information for purposes of the minor's supervision and student safety.
493
(iv) Any employee of the local law enforcement agency and the school which the minor
494
attends who discloses the court's order of probation is not:
495
(A) civilly liable except when the disclosure constitutes fraud or malice as provided in
496
Section
63-30-4
; and
497
(B) civilly or criminally liable except when the disclosure constitutes a knowing violation
498
of Section
63-2-801
.
499
(b) The court may place the minor in the legal custody of a relative or other suitable
500
person, with or without probation or protective supervision, but the juvenile court may not assume
501
the function of developing foster home services.
502
(c) (i) The court may vest legal custody of the minor in the Division of Child and Family
503
Services, Division of Youth Corrections, or the Division of Mental Health, and may order the
504
Department of Human Services to provide dispositional recommendations and services.
505
(ii) For minors who may qualify for services from two or more divisions within the
506
Department of Human Services, the court may vest legal custody with the department.
507
(iii) Minors who are committed to the custody of the Division of Child and Family
508
Services on grounds other than abuse or neglect are subject to the provisions of Title 78, Chapter
509
3a, Part 3A, Minors in Custody on Grounds Other Than Abuse or Neglect, and Title 62A, Chapter
510
4a, Part 2A, Minors in Custody on Grounds Other Than Abuse or Neglect. Prior to making a
511
recommendation that the court place a minor in the custody of the Division of Child and Family
512
Services on grounds other than abuse or neglect, the probation department shall provide the
513
division adequate with notice for the division to attend the hearing.
514
(d) (i) The court may commit the minor to the Division of Youth Corrections for secure
515
confinement.
516
(ii) A minor under the jurisdiction of the court solely on the ground of abuse, neglect, or
517
dependency under Subsection
78-3a-104
(1)(c) may not be committed to the Division of Youth
518
Corrections.
519
(e) The court may commit the minor, subject to the court retaining continuing jurisdiction
520
over him, to the temporary custody of the Division of Youth Corrections for observation and
521
evaluation for a period not to exceed 45 days, which may be extended up to 15 days at the request
522
of the director.
523
(f) (i) The court may commit the minor to a place of detention or an alternative to
524
detention for a period not to exceed 30 days subject to the court retaining continuing jurisdiction
525
over the minor.
526
(ii) Subsection (2)(f) applies only to those minors adjudicated for an act which if
527
committed by an adult would be a criminal offense or for contempt of court under Section
528
78-3a-901
. This commitment may be stayed or suspended upon conditions ordered by the court.
529
(g) The court may vest legal custody of an abused, neglected, or dependent minor in the
530
Division of Child and Family Services or any other appropriate person in accordance with the
531
requirements and procedures of Title 78, Chapter 3a, Part 3, Abuse, Neglect, and Dependency
532
Proceedings.
533
(h) The court may place the minor on a ranch or forestry camp, or similar facility for care
534
and also for work, if possible, if the person, agency, or association operating the facility has been
535
approved or has otherwise complied with all applicable state and local laws. A minor placed in
536
a forestry camp or similar facility may be required to work on fire prevention, forestation and
537
reforestation, recreational works, forest roads, and on other works on or off the grounds of the
538
facility and may be paid wages, subject to the approval of and under conditions set by the court.
539
(i) The court may order that the minor be required to repair, replace, or otherwise make
540
restitution for damage or loss caused by the minor's wrongful act, including costs of treatment as
541
stated in Section
78-3a-318
, and may impose fines in limited amounts.
542
(j) The court may issue orders necessary for the collection of restitution and fines ordered
543
by the court, including garnishments, wage withholdings, and executions.
544
(k) (i) The court may through its probation department encourage the development of
545
employment or work programs to enable minors to fulfill their obligations under Subsection (2)(i)
546
and for other purposes considered desirable by the court.
547
(ii) Consistent with the order of the court, the probation officer may permit the minor
548
found to be within the jurisdiction of the court to participate in a program of work restitution or
549
compensatory service in lieu of paying part or all of the fine imposed by the court. [The work
550
restitution or compensatory service permitted by the probation officer may not affect the amount
551
of the surcharge.]
552
(l) In violations of traffic laws within the court's jurisdiction, the court may, in addition
553
to any other disposition, restrain the minor from driving for periods of time the court considers
554
necessary and take possession of the minor's driver license. However, proceedings involving an
555
offense under Section
78-3a-506
are governed by that section regarding suspension of driving
556
privileges.
557
(m) (i) When a minor is found within the jurisdiction of the juvenile court under Section
558
78-3a-104
because of violating Section
58-37-8
, Title 58, Chapter 37a, Utah Drug Paraphernalia
559
Act, or Title 58, Chapter 37b, Imitation Controlled Substances Act, the court shall, in addition to
560
any fines or fees otherwise imposed, order that the minor perform a minimum of 20 hours, but no
561
more than 100 hours, of compensatory service. Satisfactory completion of an approved substance
562
abuse prevention or treatment program may be credited by the court as compensatory service
563
hours.
564
(ii) When a minor is found within the jurisdiction of the juvenile court under Section
565
78-3a-104
because of a violation of Section
32A-12-209
or Subsection
76-9-701
(1), the court may,
566
upon the first adjudication, and shall, upon a second or subsequent adjudication, order that the
567
minor perform a minimum of 20 hours, but no more than 100 hours of compensatory service, in
568
addition to any fines or fees otherwise imposed. Satisfactory completion of an approved substance
569
abuse prevention or treatment program may be credited by the court as compensatory service
570
hours.
571
(n) The court may order that the minor be examined or treated by a physician, surgeon,
572
psychiatrist, or psychologist or that he receive other special care. For these purposes the court may
573
place the minor in a hospital or other suitable facility.
574
(o) (i) The court may appoint a guardian for the minor if it appears necessary in the interest
575
of the minor, and may appoint a public or private institution or agency as guardian in which legal
576
custody of the minor is vested.
577
(ii) In placing a minor under the guardianship or legal custody of an individual or of a
578
private agency or institution, the court shall give primary consideration to the welfare of the minor.
579
When practicable, the court may take into consideration the religious preferences of the minor and
580
of the minor's parents.
581
(p) (i) In support of a decree under Section
78-3a-104
, the court may order reasonable
582
conditions to be complied with by the parents or guardian, the minor, the minor's custodian, or any
583
other person who has been made a party to the proceedings. Conditions may include:
584
(A) visitation by the parents or one parent;
585
(B) restrictions on the minor's associates;
586
(C) restrictions on the minor's occupation and other activities; and
587
(D) requirements to be observed by the parents or custodian.
588
(ii) A minor whose parents or guardians successfully complete a family or other counseling
589
program may be credited by the court for detention, confinement, or probation time.
590
(q) The court may order the minor to be placed in the legal custody of the Division of
591
Mental Health or committed to the physical custody of a local mental health authority, in
592
accordance with the procedures and requirements of Title 62A, Chapter 12, Part 2A, Commitment
593
of Persons Under Age 18 to Division of Mental Health.
594
(r) The court may make an order committing a minor within its jurisdiction to the Utah
595
State Developmental Center if the minor has been found mentally retarded in accordance with the
596
provisions of Title 62A, Chapter 5, Part 3, Admission to Mental Retardation Facility. The
597
procedure applicable in the district courts with respect to judicial commitments to the Utah State
598
Developmental Center shall be followed by the juvenile court in these cases.
599
(s) The court may terminate all parental rights upon a finding of compliance with the
600
provisions of Title 78, Chapter 3a, Part 4, Termination of Parental Rights Act.
601
(t) The court may make any other reasonable orders for the best interest of the minor or
602
as required for the protection of the public, except that a person younger than 18 years of age may
603
not be committed to jail or prison, and offenses under Section
78-3a-506
are governed by that
604
section regarding suspension of driving privileges.
605
(u) The court may combine several of the above-listed modes of disposition if they are
606
compatible.
607
(v) Before depriving any parent of custody, the court shall give due consideration to the
608
rights of parents concerning their minors. The court may transfer custody of a minor to another
609
person, agency, or institution in accordance with the requirements and procedures of Title 78,
610
Chapter 3a, Part 3, Abuse, Neglect, and Dependency Proceedings.
611
(w) Except as provided in Subsection (2)(y)(i), an order under this section for probation
612
or placement of a minor with an individual or an agency shall include a date certain for a review
613
of the case by the court. A new date shall be set upon each review.
614
(x) In reviewing foster home placements, special attention shall be given to making
615
adoptable minors available for adoption without delay.
616
(y) (i) The juvenile court may enter an order of permanent custody and guardianship with
617
a relative or individual of a minor where the court has previously acquired jurisdiction as a result
618
of an adjudication of abuse, neglect, or dependency, excluding cases arising under Subsection
619
78-3a-105
(4).
620
(ii) Such orders remain in effect until the minor reaches majority and are not subject to
621
review under Section
78-3a-119
, but may be modified by petition or motion as provided in Section
622
78-3a-903
.
623
(iii) Orders permanently terminating the rights of a parent, guardian, or custodian and
624
permanent orders of custody and guardianship do not expire with a termination of jurisdiction of
625
the juvenile court.
626
(3) In addition to the dispositions described above, when a minor comes within the court's
627
jurisdiction he may be given a choice by the judge to serve in the National Guard in lieu of other
628
sanctions, provided:
629
(a) the minor meets the current entrance qualifications for service in the National Guard
630
as determined by a recruiter, whose determination is final;
631
(b) the minor is not under the jurisdiction of the court for any act that:
632
(i) would be a felony if committed by an adult;
633
(ii) is a violation of Title 58, Chapter 37, Controlled Substances; or
634
(iii) was committed with a weapon; and
635
(c) the court retains jurisdiction over the minor under conditions set by the juvenile court
636
judge and agreed upon by the recruiter or the unit the minor is eventually assigned to.
637
Section 8.
Section
78-56-108
is amended to read:
638
78-56-108. Transcripts and copies -- Fees -- Establishment of Court Reporting
639
Technology Account.
640
(1) The Judicial Council shall by rule provide for a standard page format for transcripts
641
of court hearings.
642
[(1)] (2) (a) The fee for a transcript of a court session, or any part of a court session, shall
643
be [80 cents per folio for] $3.50 per page, which includes the initial preparation of the transcript
644
and [20 cents per folio for a copy. If two or more persons order copies, the fee shall be 30 cents
645
per folio for the first copy furnished each person, and 20 cents per folio for each additional copy
646
furnished each person] one certified copy. The preparer shall deposit the original transcript with
647
the clerk of the court and provide the person requesting the transcript with the certified copy. The
648
cost of additional copies shall be as provided in Subsection
21-1-5
(1). The transcript for an appeal
649
shall be prepared within the time period permitted by the rules of Appellate Procedure. The fee
650
for a transcript prepared within three business days of the request shall be 1-1/2 times the base rate.
651
The fee for a transcript prepared within one business day of the request shall be double the base
652
rate.
653
(b) When a transcript is ordered by the court, the fees shall be paid by the parties to the
654
action in equal proportion or as ordered by the court. The fee for a transcript in a criminal case in
655
which the defendant is found to be impecunious shall be paid pursuant to Section
77-32-305
.
656
(c) There is established within the General Fund a restricted account known as the Court
657
Reporting Technology Account. The clerk of the court shall transfer to the state treasurer for
658
deposit into this account all fees received under this section. The state court administrator may
659
draw upon this account for the purchase, development, and maintenance of court reporting
660
technologies and for other expenses necessary for maintaining a verbatim record of court sessions.
661
[(2)] (3) The fee for the preparation of a transcript of a court hearing by an official court
662
transcriber other than an official court reporter and the fee for the preparation of the transcript by
663
a certified shorthand reporter of a hearing before any referee, master, board, or commission of this
664
state shall be as provided in Subsection [(1)] (2)(a), and shall be payable to the person preparing
665
the transcript.
Legislative Review Note
as of 1-31-00 6:09 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.