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S.B. 147
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ONLINE COURT ASSISTANCE
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Michael G. Waddoups
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Joseph L. Hull
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AN ACT RELATING TO THE JUDICIAL CODE; MOVING ELECTRONIC ACCESS TO THE
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COURTS TO WEB-BASED TECHNOLOGY; PERMITTING THE GOVERNING BOARD
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DISCRETION TO ESTABLISH THE PARAMETERS OF THE PROGRAM; AND PROVIDING
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AN EFFECTIVE DATE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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78-28-1, as last amended by Chapter 111, Laws of Utah 1998
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78-28-2, as last amended by Chapter 111, 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
78-28-1
is amended to read:
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78-28-1. Utah Quick Court -- Purpose of program -- Methods to access electronic
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filing system -- User's fee.
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(1) [(a)] There is established [the Utah Quick Court as a] an online court assistance
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program [to be] administered by the Administrative Office of the Courts to [begin on January 1,
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1995, designed] provide the public with information about civil procedures and to assist the [pro
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se civil litigant in the preparation of pro se court documents through an electronic filing system]
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public in preparing and filing civil pleadings and other papers in:
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[(i)] (a) uncontested divorces;
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[(ii)] (b) enforcement of orders in the divorce decree [including visitation, child custody,
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and property division; and];
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[(iii)] (c) landlord and tenant actions[.]; and
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(d) other types of proceedings approved by the Online Court Assistance Program Policy
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Board.
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[(b) The pro se documents prepared in uncontested divorces shall include a calculation of
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child support payments if applicable.]
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[(c) The electronic filing system of the program may be facilitated through computer
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terminals and the Internet.]
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[(d) The electronic filing system shall also provide information to users about:]
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[(i) the procedures of the district court;]
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[(ii) the procedures of the small claims court;]
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[(iii) landlord and tenant rights and responsibilities;]
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[(iv) alternative dispute resolution;]
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[(v) child support collection procedures;]
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[(vi) how to collect court judgments; and]
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[(vii) how to settle minor disputes without legal action.]
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(2) The [statewide] purpose of the [Utah Quick Court] online court assistance program
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shall be to:
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(a) minimize the costs of civil litigation;
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(b) improve access to the courts; and
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(c) provide for informed use of the courts and the law by pro se litigants.
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[(3) The computer terminals shall be installed at four judicial districts with locations to
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be selected by the policy board.]
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[(4) (a) The program shall provide for public access to computer terminals for a $10 fee
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with the intent that the program shall become self-sufficient.]
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[(b) The fee shall be charged for the preparation of documents under Subsections (1)(a)
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and (1)(b), but not for information under Subsection (1)(c).]
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[(c) The user fee shall cover the costs of providing the services and maintaining the
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computer terminals.]
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[(d) Any excess monies generated by user fees shall be returned to the General Fund, not
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the Administrative Office of the Courts.]
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(3) (a) An additional $20 shall be added to the filing fee established by Section
21-1-5
if
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a person files a complaint, petition, answer, or response prepared through the program. There shall
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be no fee for using the program or for papers filed subsequent to the initial pleading.
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(b) There is created within the General Fund a restricted account known as the Online
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Court Assistance Account. The fee collected under this Subsection (3) shall be deposited in the
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restricted account and appropriated by the Legislature to the Administrative Office of the Courts
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to develop, operate, and maintain the program and to support the use of the program through
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education of the public.
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Section 2.
Section
78-28-2
is amended to read:
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78-28-2. Creation of policy board -- Membership -- Terms -- Chair -- Quorum --
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Expenses.
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(1) There is created a 13 member policy board to be known as the "[Utah Quick] Online
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Court Assistance Program Policy Board" which shall [provide technical assistance and practical
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knowledge to the Administrative Office of the Courts to]:
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[(a) prepare the legal forms and legal documents to be generated by the electronic filing
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system;]
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(a) identify the subject matter included in the Online Court Assistance Program;
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(b) [assure that the legal forms and legal documents are] develop information and forms
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in conformity with the rules of procedure and evidence; and
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[(c) prepare relevant and accurate information on subjects listed in Subsection
78-28-1
(d).]
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(c) advise the Administrative Office of the Courts regarding the administration of the
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program.
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(2) The voting membership shall consist of:
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(a) two members of the House of Representatives to be designated by the speaker, with
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one member from each party;
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(b) two members of the Senate designated by the president, with one member from each
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party;
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(c) two attorneys actively practicing in domestic relations designated by the Family Law
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Section of the Utah State Bar;
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(d) one attorney actively practicing in civil litigation designated by the Civil Litigation
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Section of the Utah State Bar;
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(e) one court commissioner designated by the chief justice of the Utah Supreme Court;
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(f) one district court judge designated by the chief justice of the Utah Supreme Court;
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(g) one attorney from Utah Legal Services designated by its director;
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(h) one attorney from Legal Aid designated by its director; and
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(i) two persons from the Administrative Office of the Courts designated by the state court
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administrator.
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(3) (a) The terms of the members shall be four years and staggered so that approximately
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half of the board expires every two years.
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(b) The board shall meet as needed.
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(4) The board shall select one of its members to serve as chair.
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(5) A majority of the members of the board constitutes a quorum.
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(6) (a) (i) Members who are not government employees shall receive no compensation or
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benefits for their services, but may receive per diem and expenses incurred in the performance of
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the member's official duties at the rates established by the Division of Finance under Sections
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63A-3-106
and
63A-3-107
.
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(ii) Members may decline to receive per diem and expenses for their service.
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(b) (i) State government officer and employee members who do not receive salary, per
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diem, or expenses from their agency for their service may receive per diem and expenses incurred
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in the performance of their official duties from the board at the rates established by the Division
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of Finance under Sections
63A-3-106
and
63A-3-107
.
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(ii) State government officer and employee members may decline to receive per diem and
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expenses for their service.
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(c) Legislators on the committee shall receive compensation and expenses as provided by
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law and legislative rule.
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Section 3. Effective date.
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This act takes effect on July 1, 2000.
Legislative Review Note
as of 1-24-00 11:16 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.