H.B. 216
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Carlton 6
6 01-16-23 5:53 PM 6
H.B. 216
1 BUSINESS AND CHANCERY COURT AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brady Brammer
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses the establishment of the Business and Chancery Court.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <establishes the Business and Chancery Court;
14 <addresses the postjudgment interest rate for judgments of the Business and
15Chancery Court;
16 <addresses retention elections for judges of the Business and Chancery Court;
17 <addresses salaries for judges of the Business and Chancery Court;
18 <provides that the Business and Chancery Court is not geographically divided into
19districts;
20 <provides the number of judges of the Business and Chancery Court;
21 <amends the membership of the Judicial Council to include a member from the
22Business and Chancery Court;
23 <amends provisions regarding the administration of the courts to address the creation
24of the Business and Chancery Court;
25 <addresses a judicial hiring freeze for judges of the Business and Chancery Court;
26 <provides that the Business and Chancery Court is a trial court with statewide
27jurisdiction;
*HB0216* H.B. 216 01-16-23 5:53 PM
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28 <addresses the organization and status of the Business and Chancery Court;
29 <addresses the jurisdiction of the Business and Chancery Court;
30 <provides that the Business and Chancery Court is the trier of fact and law in an
31action before the Business and Chancery Court;
32 <addresses a demand for a jury trial in the Business and Chancery Court;
33 <addresses the administration of the Business and Chancery Court, including:
34 Cthe terms for judges of the Business and Chancery Court;
35 Cthe presiding judge and associate presiding judge of the Business and Chancery
36Court; and
37 Cstaff and management of the Business and Chancery Court;
38 <addresses the location and facilities of the Business and Chancery Court;
39 <addresses decisions and rulings by the Business and Chancery Court;
40 <addresses the selection process for judges of the Business and Chancery Court,
41including the creation of the Business and Chancery Court Nominating
42Commission;
43 <amends provisions regarding the Judicial Conduct Commission; and
44 <makes technical and conforming changes.
45Money Appropriated in this Bill:
46 None
47Other Special Clauses:
48 This bill provides a special effective date.
49Utah Code Sections Affected:
50AMENDS:
51 15-1-4, as last amended by Laws of Utah 2018, Chapter 30
52 20A-12-201, as last amended by Laws of Utah 2022, Chapter 202
53 63A-5b-303, as last amended by Laws of Utah 2022, Chapters 169, 421
54 67-8-2, as last amended by Laws of Utah 2022, Chapter 276
55 77-38-502, as enacted by Laws of Utah 2020, Chapter 112
56 78A-1-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
57 78A-1-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
58 78A-2-103, as last amended by Laws of Utah 2018, Chapter 25 01-16-23 5:53 PM H.B. 216
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59 78A-2-104, as last amended by Laws of Utah 2021, Chapter 262
60 78A-2-107, as last amended by Laws of Utah 2018, Chapters 25, 200
61 78A-2-108, as last amended by Laws of Utah 2018, Chapter 25
62 78A-2-110, as renumbered and amended by Laws of Utah 2008, Chapter 3
63 78A-2-113, as enacted by Laws of Utah 2010, Chapter 175
64 78A-2-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
65 78A-2-204, as renumbered and amended by Laws of Utah 2008, Chapter 3
66 78A-2-208, as last amended by Laws of Utah 2016, Chapter 126
67 78A-2-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
68 78A-2-213, as renumbered and amended by Laws of Utah 2008, Chapter 3
69 78A-2-802, as last amended by Laws of Utah 2022, Chapter 334
70 78A-5-107, as renumbered and amended by Laws of Utah 2008, Chapter 3
71 78A-10-103, as last amended by Laws of Utah 2016, Third Special Session, Chapter 7
72 78A-10-104, as last amended by Laws of Utah 2010, Chapter 134 and last amended by
73Coordination Clause, Laws of Utah 2010, Chapter 134
74 78A-10-301, as enacted by Laws of Utah 2008, Chapter 3
75 78A-10-302, as last amended by Laws of Utah 2010, Chapter 134
76 78A-10-303, as last amended by Laws of Utah 2010, Chapter 134
77 78A-10-304, as enacted by Laws of Utah 2008, Chapter 3
78 78A-10-305, as repealed and reenacted by Laws of Utah 2010, Chapter 286
79 78A-11-102, as renumbered and amended by Laws of Utah 2008, Chapter 3
80 78A-11-103, as last amended by Laws of Utah 2020, Chapters 352, 373
81 78A-11-106, as last amended by Laws of Utah 2018, Chapter 25
82ENACTS:
83 78A-1-103.5, Utah Code Annotated 1953
84 78A-5a-101, Utah Code Annotated 1953
85 78A-5a-102, Utah Code Annotated 1953
86 78A-5a-103, Utah Code Annotated 1953
87 78A-5a-104, Utah Code Annotated 1953
88 78A-5a-105, Utah Code Annotated 1953
89 78A-5a-201, Utah Code Annotated 1953 H.B. 216 01-16-23 5:53 PM
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90 78A-5a-202, Utah Code Annotated 1953
91 78A-5a-203, Utah Code Annotated 1953
92 78A-5a-204, Utah Code Annotated 1953
93 78A-5a-205, Utah Code Annotated 1953
94 78A-5a-301, Utah Code Annotated 1953
95 78A-5a-302, Utah Code Annotated 1953
96 78A-10-101.5, Utah Code Annotated 1953
97 78A-10-401, Utah Code Annotated 1953
98 78A-10-402, Utah Code Annotated 1953
99 78A-10-403, Utah Code Annotated 1953
100 78A-10-404, Utah Code Annotated 1953
101 78A-10-405, Utah Code Annotated 1953
102
103Be it enacted by the Legislature of the state of Utah:
104 Section 1. Section 15-1-4 is amended to read:
105 15-1-4. Interest on judgments.
106 (1) As used in this section, "federal postjudgment interest rate" means the interest rate
107established for the federal court system under 28 U.S.C. Sec. 1961, as amended.
108 (2) (a) Except as provided in Subsection (2)(b), a judgment rendered on a lawful
109contract shall conform to the contract and shall bear the interest agreed upon by the parties,
110which shall be specified in the judgment.
111 (b) A judgment rendered on a deferred deposit loan subject to Title 7, Chapter 23,
112Check Cashing and Deferred Deposit Lending Registration Act, shall bear interest at the rate
113imposed under Subsection (3)(a) on an amount not exceeding the sum of:
114 (i) the total of the principal balance of the deferred deposit loan;
115 (ii) interest at the rate imposed by the deferred deposit loan agreement for a period not
116exceeding 10 weeks as provided in Subsection 7-23-401(4);
117 (iii) costs;
118 (iv) attorney fees; and
119 (v) other amounts allowed by law and ordered by the court.
120 (3) (a) Except as otherwise provided by law, or as governed by Subsection (4), all other 01-16-23 5:53 PM H.B. 216
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121final civil and criminal judgments of the district court [and], the justice court, and the Business
122and Chancery Court shall bear interest at the federal postjudgment interest rate as of January 1
123of each year, plus 2%.
124 (b) The postjudgment interest rate in effect at the time of the judgment shall remain the
125interest rate for the duration of the judgment.
126 (c) The interest on criminal judgments shall be calculated on the total amount of the
127judgment.
128 (d) Interest paid on state revenue shall be deposited in accordance with Section
12963A-3-505.
130 (e) Interest paid on revenue to a county or municipality shall be paid to the general
131fund of the county or municipality.
132 (4) A judgment under $10,000 in an action regarding the purchase of goods and
133services shall bear interest from the date on which the district court [or], the justice court, or
134the Business and Chancery Court enters the judgment at 10% plus the federal postjudgment
135interest rate in effect on January 1 of the year in which the judgment is entered.
136 Section 2. Section 20A-12-201 is amended to read:
137 20A-12-201. Judicial appointees -- Retention elections.
138 (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
139at the first general election held more than three years after the judge or justice was appointed.
140 (b) After the first retention election:
141 (i) each Supreme Court justice shall be on the regular general election ballot for an
142unopposed retention election every tenth year; and
143 (ii) each judge of other courts shall be on the regular general election ballot for an
144unopposed retention election every sixth year.
145 (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
146the year the justice or judge is subject to a retention election:
147 (i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
148in the candidate's county of residence, within the period beginning on July 1 and ending at 5
149p.m. on July 15 in the year of a regular general election; and
150 (ii) pay a filing fee of $50.
151 (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice H.B. 216 01-16-23 5:53 PM
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152court judge is subject to a retention election:
153 (A) file a declaration of candidacy with the lieutenant governor, or with the county
154clerk in the candidate's county of residence, within the period beginning on July 1 and ending
155at 5 p.m. on July 15 in the year of a regular general election; and
156 (B) pay a filing fee of $25 for each judicial office.
157 (ii) If a justice court judge is appointed or elected to more than one judicial office, the
158declaration of candidacy shall identify all of the courts included in the same general election.
159 (iii) If a justice court judge is appointed or elected to more than one judicial office,
160filing a declaration of candidacy in one county in which one of those courts is located is valid
161for the courts in any other county.
162 (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
163election year:
164 (i) transmit a certified list containing the names of the justices of the Supreme Court
165[and], judges of the Court of Appeals, and judges of the Business and Chancery Court
166declaring their candidacy to the county clerk of each county; and
167 (ii) transmit a certified list containing the names of judges of other courts declaring
168their candidacy to the county clerk of each county in the geographic division in which the judge
169filing the declaration holds office.
170 (b) Each county clerk shall place the names of justices and judges standing for
171retention election in the nonpartisan section of the ballot.
172 (4) (a) At the general election, the ballots shall contain:
173 (i) at the beginning of the judicial retention section of the ballot, the following
174statement:
175 "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
176Commission's recommendations for each judge"; and
177 (ii) as to each justice or judge of any court to be voted on in the county, the following
178question:
179 "Shall ______________________________(name of justice or judge) be retained in the
180office of ___________________________? (name of office, such as "Justice of the Supreme
181Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
182Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the 01-16-23 5:53 PM H.B. 216
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183Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
184County or (name of municipality)")
185 Yes ()
186 No ()."
187 (b) If a justice court exists by means of an interlocal agreement under Section
18878A-7-102, the ballot question for the judge shall include the name of that court.
189 (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
190is retained for the term of office provided by law.
191 (b) If the justice or judge does not receive more yes votes than no votes, the justice or
192judge is not retained, and a vacancy exists in the office on the first Monday in January after the
193regular general election.
194 (6) A justice or judge not retained is ineligible for appointment to the office for which
195the justice or judge was defeated until after the expiration of that term of office.
196 (7) (a) If a justice court judge is standing for retention for one or more judicial offices
197in a county in which the judge is a county justice court judge or a municipal justice court judge
198in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
199combination thereof, the election officer shall place the judge's name on the county ballot only
200once for all judicial offices for which the judge seeks to be retained.
201 (b) If a justice court judge is standing for retention for one or more judicial offices in a
202municipality of the first, second, or third class, as described in Section 10-2-301, the election
203officer shall place the judge's name only on the municipal ballot for the voters of the
204municipality that the judge serves.
205 Section 3. Section 63A-5b-303 is amended to read:
206 63A-5b-303. Duties and authority of division.
207 (1) (a) The division shall:
208 (i) subject to Subsection (1)(b), supervise and control the allocation of space, in
209accordance with legislative directive through annual appropriations acts, other legislation, or
210statute, to agencies in all buildings or space owned, leased, or rented by or to the state, except
211as provided in Subsection (3) or as otherwise provided by statute;
212 (ii) assure the efficient use of all building space under the division's supervision and
213control; H.B. 216 01-16-23 5:53 PM
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214 (iii) acquire title to all real property, buildings, fixtures, and appurtenances for use by
215the state or an agency, as authorized by the Legislature through an appropriation act, other
216legislation, or statute, subject to Subsection (1)(c);
217 (iv) except as otherwise provided by statute, hold title to all real property, buildings,
218fixtures, and appurtenances owned by the state or an agency;
219 (v) collect and maintain all deeds, abstracts of title, and all other documents evidencing
220title to or an interest in property belonging to the state or to the state's departments, except
221institutions of higher education and the trust lands administration;
222 (vi) (A) periodically conduct a market analysis of proposed rates and fees; and
223 (B) include in a market analysis a comparison of the division's rates and fees with the
224rates and fees of other public or private sector providers of comparable services, if rates and
225fees for comparable services are reasonably available;
226 (vii) fulfill the division's responsibilities under Part 10, Energy Conservation and
227Efficiency, including responsibilities:
228 (A) to implement the state building energy efficiency program under Section
22963A-5b-1002; and
230 (B) related to the approval of loans from the State Facility Energy Efficiency Fund
231under Section 63A-5b-1003;
232 (viii) convey, lease, or dispose of the real property, water rights, or water shares
233associated with the Utah State Developmental Center if directed to do so by the Utah State
234Developmental Center board, as provided in Subsection 62A-5-206.6(2); and
235 (ix) take all other action that the division is required to do under this chapter or other
236applicable statute.
237 (b) In making an allocation of space under Subsection (1)(a)(i), the division shall
238conduct one or more studies to determine the actual needs of each agency.
239 (c) The division may, without legislative approval, acquire title to real property for use
240by the state or an agency if the acquisition cost does not exceed $500,000.
241 (2) The division may:
242 (a) sue and be sued;
243 (b) as authorized by the Legislature, buy, lease, or otherwise acquire, by exchange or
244otherwise, and hold real or personal property necessary for the discharge of the division's 01-16-23 5:53 PM H.B. 216
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245duties; and
246 (c) take all other action necessary for carrying out the purposes of this chapter.
247 (3) (a) The division may not supervise or control the allocation of space for an entity in
248the public education system.
249 (b) The supervision and control of the legislative area is reserved to the Legislature.
250 (c) The supervision and control of capitol hill facilities and capitol hill grounds is
251reserved to the State Capitol Preservation Board.
252 (d) (i) Subject to Subsection (3)(d)(ii), the supervision and control of the allocation of
253space for an institution of higher education is reserved to the Utah Board of Higher Education.
254 (ii) The Utah Board of Higher Education shall consult and cooperate with the division
255in the establishment and enforcement of standards for the supervision and control of the
256allocation of space for an institution of higher education.
257 (e) (i) Subject to Subsection (3)(e)(ii), the supervision and control of the allocation of
258space for the courts of record listed in Subsection 78A-1-101(1) is reserved to the
259Administrative Office of the Courts [referred to in Subsection 78A-2-108(3)] described in
260Section 78A-2-108.
261 (ii) The Administrative Office of the Courts shall consult and cooperate with the
262division in the establishment and enforcement of standards for the supervision and control of
263the allocation of space for the courts of record listed in Subsection 78A-1-101(1).
264 (4) Before the division charges a rate, fee, or other amount for a service provided by
265the division's internal service fund to an executive branch agency, or to a service subscriber
266other than an executive branch agency, the division shall:
267 (a) submit an analysis of the proposed rate, fee, or other amount to the rate committee
268created in Section 63A-1-114; and
269 (b) obtain the approval of the Legislature as required by Section 63J-1-410 or
27063J-1-504.
271 Section 4. Section 67-8-2 is amended to read:
272 67-8-2. Salaries of judges established annually in appropriations act -- Bases of
273salaries -- Additional compensation.
274 (1) The salaries of judges of courts of record, as described in Section 78A-1-101, shall
275be set annually by the Legislature in an appropriations act. H.B. 216 01-16-23 5:53 PM
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276 (2) Judicial salaries shall be based on the following percentages of the salary of a
277district court judge:
278 (a) juvenile court judges: 100%;
279 (b) Business and Chancery Court judges: 100%;
280 [(b)] (c) Court of Appeals judges: 105%; and
281 [(c)] (d) justices of the Supreme Court: 110%.
282 (3) (a) A salary described in Subsection (2) does not include additional compensation
283provided for a presiding judge or associate presiding judge under:
284 (i) Section 78A-3-101;
285 (ii) Section 78A-4-102;
286 (iii) Section 78A-5-106;
287 (iv) Section 78A-5a-202; or
288 [(iv)] (v) Section 78A-6-203.
289 (b) Compensation described in Subsection (3)(a) does not constitute a salary for
290purposes of Utah Constitution, Article VIII, Section 14.
291 Section 5. Section 77-38-502 is amended to read:
292 77-38-502. Definitions.
293 As used in this part:
294 (1) "Certifying entity" means any of the following:
295 (a) a law enforcement agency, as defined in Section 77-7a-103;
296 (b) a prosecutor, as defined in Section 77-22-4.5;
297 (c) a court[, as defined] described in Section 78A-1-101;
298 (d) any other authority that has responsibility for the detection, investigation, or
299prosecution of a qualifying crime or criminal activity; and
300 (e) an agency that has criminal detection or investigative jurisdiction in the agency's
301respective areas of expertise, including:
302 (i) the Division of Child and Family Services; and
303 (ii) the Labor Commission.
304 (2) "Certifying official" means:
305 (a) the head of the certifying entity;
306 (b) a person in a supervisory role who has been specifically designated by the head of 01-16-23 5:53 PM H.B. 216
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307the certifying entity to issue Form I-918 Supplement B certifications on behalf of that agency;
308 (c) a judge; or
309 (d) any other certifying official defined under 8 C.F.R. Sec. 214.14.
310 (3) "Commission" means the State Commission on Criminal and Juvenile Justice
311created in Section 63M-7-201.
312 (4) (a) "Qualifying criminal activity" means the same as that term is defined in 8 C.F.R.
313Sec. 214.14.
314 (b) "Qualifying criminal activity" includes criminal offenses for which the nature and
315elements of the offenses are substantially similar to the criminal activity described in
316Subsection (4)(a), and the attempt, conspiracy, or solicitation to commit any of those offenses.
317 Section 6. Section 78A-1-101 is amended to read:
318 78A-1-101. Courts of this state -- Courts of record.
319 (1) The following are the courts [of justice] of this state:
320 (a) the Supreme Court;
321 (b) the Court of Appeals;
322 (c) the Business and Chancery Court;
323 [(c)] (d) the district courts;
324 [(d)] (e) the juvenile courts; and
325 [(e)] (f) the justice courts.
326 (2) All courts are courts of record, except the justice courts, which are courts not of
327record.
328 Section 7. Section 78A-1-102 is amended to read:
329 78A-1-102. Trial courts of record -- Divisions.
330 (1) The district and juvenile courts [shall be] are divided into eight
331geographical divisions:
332 [(1)] (a) First Judicial District [-], which includes Box Elder, Cache, and Rich
333Counties;
334 [(2)] (b) Second Judicial District [-], which includes Weber, Davis, and Morgan
335Counties;
336 [(3)] (c) Third Judicial District [-], which includes Salt Lake, Summit, and Tooele
337Counties; H.B. 216 01-16-23 5:53 PM
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338 [(4)] (d) Fourth Judicial District [-], which includes Utah, Wasatch, Juab, and Millard
339Counties;
340 [(5)] (e) Fifth Judicial District [-], which includes Beaver, Iron, and Washington
341Counties;
342 [(6)] (f) Sixth Judicial District [-], which includes Garfield, Kane, Piute, Sanpete,
343Sevier, and Wayne Counties;
344 [(7)] (g) Seventh Judicial District [-], which includes Carbon, Emery, Grand, and San
345Juan Counties; and
346 [(8)] (h) Eighth Judicial District [-], which includes Daggett, Duchesne, and Uintah
347Counties.
348 (2) The Business and Chancery Court is not divided into geographical divisions.
349 Section 8. Section 78A-1-103.5 is enacted to read:
350 78A-1-103.5. Number of Business and Chancery Court judges.
351 The Business and Chancery Court shall consist of two judges.
352 Section 9. Section 78A-2-103 is amended to read:
353 78A-2-103. Definitions.
354 As used in this chapter:
355 (1) "Conference" means the annual statewide judicial conference established by
356Section 78A-2-111.
357 (2) "Council" means the Judicial Council [established by Article VIII, Sec. 12, Utah
358Constitution].
359 (3) "Courts" mean all courts of this state, including all courts of record and not of
360record.
361 (4) "Judicial Council" means the Judicial Council established by Utah Constitution,
362Article VIII, Section 12.
363 Section 10. Section 78A-2-104 is amended to read:
364 78A-2-104. Judicial Council -- Creation -- Members -- Terms and election --
365Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee.
366 (1) The Judicial Council[, established by Article VIII, Section 12, Utah Constitution,
367shall be] is composed of:
368 (a) the chief justice of the Supreme Court; 01-16-23 5:53 PM H.B. 216
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369 (b) one member elected by the justices of the Supreme Court;
370 (c) one member elected by the judges of the Court of Appeals;
371 (d) one member elected by the judges of the Business and Chancery Court;
372 [(d)] (e) six members elected by the judges of the district courts;
373 [(e)] (f) three members elected by the judges of the juvenile courts;
374 [(f)] (g) three members elected by the justice court judges; and
375 [(g)] (h) a member or ex officio member of the Board of Commissioners of the Utah
376State Bar who is an active member of the Utah State Bar in good standing at the time of
377election by the Board of Commissioners.
378 (2) The Judicial Council shall have a seal.
379 (3) (a) The chief justice of the Supreme Court shall act as presiding officer of the
380[council] Judicial Council and chief administrative officer for the courts.
381 (b) The chief justice shall vote only in the case of a tie.
382 [(b)] (4) (a) All members of the [council] Judicial Council shall serve for three-year
383terms.
384 [(i)] (b) If a [council] Judicial Council member should die, resign, retire, or otherwise
385fail to complete a term of office, the appropriate constituent group shall elect a member to
386complete the term of office.
387 [(ii)] (c) In courts having more than one member, the members shall be elected to
388staggered terms.
389 [(iii)]
390 (d) The [person] individual elected by the Board of Commissioners under Subsection
391(1)(h) may complete a three-year term of office on the Judicial Council even though the
392[person] individual ceases to be a member or ex officio member of the Board of
393Commissioners.
394 (e) The [person] individual elected by the Board of Commissioners under Subsection
395(1)(h) shall be an active member of the Utah State Bar in good standing for the entire term of
396the Judicial Council.
397 [(c)] (f) Elections [shall be] are held under rules made by the Judicial Council.
398 [(4)] (5) (a) The [council] Judicial Council is responsible for the development of
399uniform administrative policy for the courts throughout the state. H.B. 216 01-16-23 5:53 PM
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400 (b) The presiding officer of the Judicial Council is responsible for the implementation
401of the policies developed by the [council] Judicial Council and for the general management of
402the courts, with the aid of the state court administrator.
403 (c) The [council] Judicial Council has authority and responsibility to:
404 [(a)] (i) establish and assure compliance with policies for the operation of the courts,
405including uniform rules and forms; and
406 [(b)] (ii) publish and submit to the governor, the chief justice of the Supreme Court,
407and the Legislature an annual report of the operations of the courts, which shall include
408financial and statistical data and may include suggestions and recommendations for legislation.
409 [(5)] (6) The [council] Judicial Council shall establish standards for the operation of
410the courts of the state, including[, but not limited to,] facilities, court security, support services,
411and staff levels for judicial and support personnel.
412 [(6)] (7) The [council] Judicial Council shall by rule:
413 (a) establish the time and manner for destroying court records, including computer
414records[, and shall]; and
415 (b) establish retention periods for [these] court records.
416 [(7)] (8) (a) Consistent with the requirements of judicial office and security policies,
417the [council] Judicial Council shall establish procedures to govern the assignment of state
418vehicles to public officers of the judicial branch.
419 (b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and
420may be assigned for unlimited use, within the state only.
421 [(8)] (9) (a) The [council] Judicial Council shall:
422 (i) advise judicial officers and employees concerning ethical issues; and [shall]
423 (ii) establish procedures for issuing informal and formal advisory opinions on [these]
424ethical issues.
425 (b) Compliance with an informal opinion is evidence of good faith compliance with the
426Code of Judicial Conduct.
427 (c) A formal opinion constitutes a binding interpretation of the Code of Judicial
428Conduct.
429 [(9)] (10) (a) The [council] Judicial Council shall establish written procedures
430authorizing the presiding officer of the [council] Judicial Council to appoint judges of courts of 01-16-23 5:53 PM H.B. 216
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431record by special or general assignment to serve temporarily in another level of court in a
432specific court or generally within that level.
433 (b) The appointment [shall be for a specific period and shall be] under Subsection
434(10)(a) shall be:
435 (i) for a specific period of time; and
436 (ii) reported to the [council] Judicial Council.
437 [(b)] (c) [These procedures shall be developed] The Judicial Council shall develop the
438procedures described in this Subsection (10)(a) in accordance with Subsection [78A-2-107(10)]
43978A-2-107(2) regarding the temporary appointment of judges.
440 [(10)] (11) (a) The Judicial Council may by rule designate municipalities in addition to
441those designated by statute as a location of a trial court of record.
442 (b) There shall be at least one court clerk's office open during regular court hours in
443each county.
444 (c) Any trial court of record may hold court in any municipality designated as a
445location of a court of record.
446 [(11)] (12) The Judicial Council shall by rule determine whether the administration of a
447court [shall be] is the obligation of the Administrative Office of the Courts or whether the
448Administrative Office of the Courts should contract with local government for court support
449services.
450 [(12)] (13) The Judicial Council may by rule direct that a district court location be
451administered from another court location within the county.
452 [(13)] (14) (a) The Judicial Council shall:
453 (i) establish the Office of Guardian Ad Litem[,] in accordance with Title 78A, Chapter
4542, Part 8, Guardian Ad Litem; and
455 (ii) establish and supervise a Guardian Ad Litem Oversight Committee.
456 (b) The Guardian Ad Litem Oversight Committee described in Subsection [(13)(a)(ii)]
457(14)(a)(ii) shall oversee the Office of Guardian Ad Litem, established under Subsection
458[(13)(a)(i)] (14)(a)(i), and assure that the Office of Guardian Ad Litem complies with state and
459federal law, regulation, policy, and court rules.
460 [(14)] (15) The Judicial Council shall establish and maintain, in cooperation with the
461Office of Recovery Services within the Department of Health and Human Services, the part of H.B. 216 01-16-23 5:53 PM
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462the state case registry that contains records of each support order established or modified in the
463state on or after October 1, 1998, as is necessary to comply with the Social Security Act, 42
464U.S.C. Sec. 654a.
465 Section 11. Section 78A-2-107 is amended to read:
466 78A-2-107. Court administrator -- Powers, duties, and responsibilities.
467 Under the general supervision of the presiding officer of the Judicial Council,
468and within the policies established by the [council,] the Judicial Council:
469 (1) the state court administrator shall:
470 [(1)] (a) organize and administer all of the nonjudicial activities of the courts;
471 [(2)] (b) assign, supervise, and direct the work of the nonjudicial officers of the courts;
472 [(3)] (c) implement the standards, policies, and rules established by the [council]
473Judicial Council;
474 [(4)] (d) formulate and administer a system of personnel administration, including
475in-service training programs;
476 [(5)] (e) prepare and administer the state judicial budget, fiscal, accounting, and
477procurement activities for the operation of the courts of record[, and];
478 (f) assist [justices'] justice courts in [their] budgetary, fiscal, and accounting
479procedures;
480 [(6)] (g) conduct studies of the business of the courts, including the preparation of
481recommendations and reports relating to [them] the studies;
482 [(7)] (h) develop uniform procedures for the management of court business, including
483the management of court calendars;
484 [(8)] (i) maintain liaison with the governmental and other public and private groups
485having an interest in the administration of the courts;
486 [(9)] (j) establish uniform policy concerning vacations and sick leave for judges and
487nonjudicial officers of the courts;
488 [(10)] (k) establish uniform hours for court sessions throughout the state [and may,
489with the consent of the presiding officer of the Judicial Council, call and appoint justices or
490judges of courts of record to serve temporarily as Court of Appeals, district court, or juvenile
491court judges and set reasonable compensation for their services];
492 [(11)] (l) when necessary for administrative reasons, change the county for trial of any 01-16-23 5:53 PM H.B. 216
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493case if no party to the litigation files timely objections to this change;
494 [(12)] (m) [(a)] (i) organize and administer a program of continuing education for
495judges and support staff, including training for justice court judges; and
496 [(b)] (ii) ensure that any training or continuing education described in Subsection
497[(12)(a)] (1)(m)(i) complies with Title 63G, Chapter 22, State Training and Certification
498Requirements;
499 [(13)] (n) provide for an annual meeting for each level of the courts of record[,] and the
500annual judicial conference; and
501 [(14)] (o) perform other duties as assigned by the presiding officer of the [council.]
502Judicial Council; and
503 (2) with the consent of the presiding officer of the Judicial Council, the state court
504administrator may:
505 (a) call and appoint a justice or judge of a court of record to serve temporarily as a
506judge of the Court of Appeals, the Business and Chancery Court, a district court, or a juvenile
507court; and
508 (b) set reasonable compensation for the service of a justice or judge under Subsection
509(2)(a).
510 Section 12. Section 78A-2-108 is amended to read:
511 78A-2-108. Assistants for state court administrator -- Appointment of trial court
512executives.
513 (1) The state court administrator, with the approval of the presiding officer of the
514[council] Judicial Council, is responsible for the establishment of positions and salaries of
515assistants as necessary to enable the state court administrator to perform the powers and duties
516vested in the state court administrator by this chapter, including the positions of appellate court
517administrator, business and chancery court administrator, district court administrator, juvenile
518court administrator, and [justices'] justice court administrator[, whose appointments shall be
519made by the state court administrator].
520 (2) The state court administrator shall appoint an appellate court administrator, a
521business and chancery court administrator, a district court administrator, a juvenile court
522administrator, and a justice court administrator with the concurrence of the respective boards as
523established by the [council] Judicial Council. H.B. 216 01-16-23 5:53 PM
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524 [(2)] (3) (a) The district court administrator, with the concurrence of the presiding
525judge of a district or the district court judge in single judge districts, may appoint a trial court
526executive in each district [a trial court executive].
527 (b) The trial court executive may appoint, subject to budget limitations, necessary
528support personnel including clerks, research clerks, secretaries, and other persons required to
529carry out the work of the court.
530 (c) The trial court executive shall supervise the work of all nonjudicial court staff and
531serve as administrative officer of the district.
532 [(3)] (4) Administrators and assistants appointed under this section [shall be] are
533known collectively as the Administrative Office of the Courts.
534 Section 13. Section 78A-2-110 is amended to read:
535 78A-2-110. Databases for judicial boards.
536 (1) As used in this section, "judicial board" means any judicial branch board,
537commission, council, committee, working group, task force, study group, advisory group, or
538other body with a defined limited membership that is created to operate for more than six
539months by:
540 (a) the constitution[, by];
541 (b) statute[, by];
542 (c) judicial order[, by];
543 (d) any justice or judge[, by];
544 (e) the Judicial Council[, or by];
545 (f) the state court administrator, a district court administrator, trial court executive, or a
546business and chancery court administrator; or [by]
547 (g) any clerk or administrator in the judicial branch of state government.
548 (2) The Judicial Council shall designate [a person from its staff] an individual from the
549Judicial Council's staff to maintain a computerized [data base] database containing information
550about all judicial boards.
551 (3) The [person] individual designated to maintain the [data base] database shall:
552 (a) ensure that the [data base] database contains:
553 [(a)] (i) the name of the judicial board;
554 [(b)] (ii) the statutory or constitutional authority for the creation of the judicial board; 01-16-23 5:53 PM H.B. 216
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555 [(c)] (iii) the court or other judicial entity under whose jurisdiction the judicial board
556operates or with which the judicial board is affiliated, if any;
557 [(d)] (iv) the name, address, gender, telephone number, and county of each [person]
558individual currently serving on the judicial board, along with a notation of all vacant or unfilled
559positions;
560 [(e)] (v) the title of the position held by the [person] individual who appointed each
561member of the judicial board;
562 [(f)] (vi) the length of the term to which each member of the judicial board was
563appointed and the month and year that each judicial board member's term expires;
564 [(g)] (vii) the organization, interest group, profession, local government entity, or
565geographic area that the member of the judicial board represents, if any;
566 [(h)] (viii) whether or not the judicial board allocates state or federal funds and the
567amount of those funds allocated during the last fiscal year;
568 [(i)] (ix) whether the judicial board is a policy board or an advisory board;
569 [(j)] (x) whether or not the judicial board has or exercises rulemaking authority; and
570 [(k)] (xi) any compensation and expense reimbursement that members of the executive
571board are authorized to receive[.];
572 [(4) The person designated to maintain the data base shall:]
573 [(a)] (b) make the information contained in the [data base] database available to the
574public upon request; [and]
575 [(b)] (c) cooperate with other entities of state government to publish the data or useful
576summaries of the data[.];
577 [(5)]
578 [(a)] (d) [The person designated to maintain the data bases shall] prepare, publish, and
579distribute an annual report by April 1 of each year that includes, as of March 1 of that year:
580 (i) the total number of judicial boards;
581 (ii) the name of each of those judicial boards and the court, council, administrator,
582executive, or clerk under whose jurisdiction the executive board operates or with which the
583judicial board is affiliated, if any;
584 (iii) for each court, council, administrator, executive, or clerk, the total number of
585judicial boards under the jurisdiction of or affiliated with that court, council, administrator, H.B. 216 01-16-23 5:53 PM
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586executive, or clerk;
587 (iv) the total number of members for each of those judicial boards;
588 (v) whether each board is a policymaking board or an advisory board and the total
589number of policy boards and the total number of advisory boards; and
590 (vi) the compensation, if any, paid to the members of each of those judicial boards[.];
591and
592 [(b)] (e) [The person designated to maintain the data bases shall] distribute copies of
593the report described in Subsection (3)(d) to:
594 (i) the chief justice of the Utah Supreme Court;
595 (ii) the state court administrator;
596 (iii) the governor;
597 (iv) the president of the Utah Senate;
598 (v) the speaker of the Utah House;
599 (vi) the Office of Legislative Research and General Counsel; and
600 (vii) any other persons who request a copy of the annual report.
601 Section 14. Section 78A-2-113 is amended to read:
602 78A-2-113. Judicial hiring freeze authorized.
603 (1) As used in this section, "General Fund budget deficit" means a situation where
604General Fund appropriations made by the Legislature for a fiscal year exceed the estimated
605revenues adopted by the Executive Appropriations Committee of the Legislature for the
606General Fund in that fiscal year.
607 (2) During a General Fund budget deficit, the governor, president of the Senate,
608speaker of the House, and chief justice of the Supreme Court, may, by unanimous vote,
609implement a judicial hiring freeze for judicial vacancies for:
610 (a) a juvenile court district with three or more juvenile court judges;
611 (b) a district court district with three or more district court judges;
612 (c) all Business and Chancery Court judges;
613 [(c)] (d) all appellate court judges; or
614 [(d)] (e) any combination of Subsections (2)(a) through [(c)] (d).
615 (3) In implementing a judicial hiring freeze, the governor, president of the Senate,
616speaker of the House, and chief justice of the Supreme Court shall: 01-16-23 5:53 PM H.B. 216
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617 (a) establish the length of that hiring freeze; and
618 (b) ensure that the hiring freeze lasts at least 90 days, but not longer than the last day of
619the annual general session of the Legislature.
620 Section 15. Section 78A-2-202 is amended to read:
621 78A-2-202. Authority of court.
622 (1) [All courts of justice have] A court of this state has the authority necessary to
623exercise [their] the court's jurisdiction.
624 (2) If a procedure for an action is not established, a process may be adopted that
625conforms with the apparent intent of the statute or rule of procedure.
626 Section 16. Section 78A-2-204 is amended to read:
627 78A-2-204. Judicial Council to approve court seals.
628 The Judicial Council shall approve a seal for all courts of [justice] this state.
629 Section 17. Section 78A-2-208 is amended to read:
630 78A-2-208. Sittings of courts -- To be public -- Notice to public of recording --
631Right to exclude in certain cases.
632 (1) The sittings of every court [of justice] of this state are public, except as provided in
633Subsections (3) and (4).
634 (2) The Judicial Council shall require that notice be given to the public that the
635proceedings are being recorded when an electronic or digital recording system is being used
636during court proceedings.
637 (3) The court may, in [its] the court's discretion, during the examination of a witness
638exclude any and all other witnesses in the proceedings.
639 (4) In an action of divorce, criminal conversation, seduction, abortion, rape, or assault
640with intent to commit rape, the court may, in [its] the court's discretion, exclude all persons
641who do not have a direct interest in the proceedings, except jurors, witnesses and officers of the
642court.
643 Section 18. Section 78A-2-211 is amended to read:
644 78A-2-211. Court days.
645 [Courts of justice] All courts of this state are open and judicial business may be
646transacted on any day, except as provided in Section 78A-2-212.
647 Section 19. Section 78A-2-213 is amended to read: H.B. 216 01-16-23 5:53 PM
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648 78A-2-213. Proceedings unaffected by vacancy in office of judge.
649 No proceeding in any court of [justice] this state is affected by a vacancy in the office of
650all or any of the judges[,] or by the failure of a term of a judge.
651 Section 20. Section 78A-2-802 is amended to read:
652 78A-2-802. Office of Guardian Ad Litem -- Appointment of director -- Duties of
653director -- Contracts in second, third, and fourth districts.
654 (1) There is created the Office of Guardian Ad Litem under the direct supervision of
655the Guardian Ad Litem Oversight Committee described in Subsection [78A-2-104(13)]
65678A-2-104(14).
657 (2) (a) The Guardian Ad Litem Oversight Committee shall appoint one individual to
658serve full time as the guardian ad litem director for the state.
659 (b) The guardian ad litem director shall:
660 (i) serve at the pleasure of the Guardian Ad Litem Oversight Committee, in
661consultation with the state court administrator;
662 (ii) be an attorney licensed to practice law in this state and selected on the basis of:
663 (A) professional ability;
664 (B) experience in abuse, neglect, and dependency proceedings;
665 (C) familiarity with the role, purpose, and function of guardians ad litem in both
666juvenile and district courts; and
667 (D) ability to develop training curricula and reliable methods for data collection and
668evaluation; and
669 (iii) before or immediately after the director's appointment, be trained in nationally
670recognized standards for an attorney guardian ad litem.
671 (3) The guardian ad litem director shall:
672 (a) establish policy and procedure for the management of a statewide guardian ad litem
673program;
674 (b) manage the guardian ad litem program to assure that a minor receives qualified
675guardian ad litem services in an abuse, neglect, or dependency proceeding under Title 80,
676Chapter 3, Abuse, Neglect, and Dependency Proceedings, in accordance with state and federal
677law and policy;
678 (c) develop standards for contracts of employment and contracts with independent 01-16-23 5:53 PM H.B. 216
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679contractors, and employ or contract with attorneys licensed to practice law in this state, to act
680as attorney guardians ad litem in accordance with Section 78A-2-803;
681 (d) develop and provide training programs for volunteers in accordance with the United
682States Department of Justice National Court Appointed Special Advocates Association
683standards;
684 (e) develop and update a guardian ad litem manual that includes:
685 (i) best practices for an attorney guardian ad litem; and
686 (ii) statutory and case law relating to an attorney guardian ad litem;
687 (f) develop and provide a library of materials for the continuing education of attorney
688guardians ad litem and volunteers;
689 (g) educate court personnel regarding the role and function of guardians ad litem;
690 (h) develop needs assessment strategies, perform needs assessment surveys, and ensure
691that guardian ad litem training programs correspond with actual and perceived needs for
692training;
693 (i) design and implement evaluation tools based on specific objectives targeted in the
694needs assessments described in Subsection (3)(h);
695 (j) prepare and submit an annual report to the Guardian ad Litem Oversight Committee
696and the Child Welfare Legislative Oversight Panel created in Section 36-33-102 regarding:
697 (i) the development, policy, and management of the statewide guardian ad litem
698program;
699 (ii) the training and evaluation of attorney guardians ad litem and volunteers; and
700 (iii) the number of minors served by the office;
701 (k) hire, train, and supervise investigators; and
702 (l) administer the program of private attorney guardians ad litem established under
703Section 78A-2-705.
704 (4) A contract of employment or independent contract described in Subsection (3)(c)
705shall provide that an attorney guardian ad litem in the second, third, and fourth judicial districts
706devote the attorney guardian's ad litem full time and attention to the role of attorney guardian
707ad litem, having no clients other than the minors whose interest the attorney guardian ad litem
708represents within the guardian ad litem program.
709 Section 21. Section 78A-5-107 is amended to read: H.B. 216 01-16-23 5:53 PM
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710 78A-5-107. Court commissioners -- Qualifications -- Appointment -- Functions
711governed by rule.
712 (1) (a) Court commissioners are quasi-judicial officers of courts of record and have
713limited judicial authority as provided by this section and rules of the Judicial Council.
714 (b) Court commissioners serve full-time and are subject to the restrictions of Section
71578A-2-221, which prohibits the practice of law.
716 (2) (a) The Judicial Council shall appoint court commissioners with the concurrence of
717a majority of the judges of trial courts in the district the court commissioner primarily serves.
718 (b) The Judicial Council may assign court commissioners appointed under this section
719to serve in one or more judicial districts.
720 (3) A person appointed as a court commissioner shall have the following
721qualifications:
722 (a) be 25 years [of age] old or older;
723 (b) be a citizen of the United States;
724 (c) be a resident of this state while serving as court commissioner;
725 (d) be admitted to the practice of law in this state; and
726 (e) possess ability and experience in the areas of law in which the commissioner will
727be serving.
728 (4) A court commissioner shall take and subscribe to the oath of office as required by
729Article IV, Sec. 10, Utah Constitution, prior to assuming the duties of the office.
730 (5) Court commissioners shall:
731 (a) comply with applicable constitutional and statutory provisions, court rules and
732procedures, and rules of the Judicial Council;
733 (b) comply with the Code of Judicial Conduct to the same extent as full-time judges;
734and
735 (c) successfully complete orientation and education programs as required by the
736Judicial Council.
737 (6) The presiding judge of the district the commissioner primarily serves:
738 (a) shall develop a performance plan for the court commissioner and annually conduct
739an evaluation of the commissioner's performance, and shall provide the plan and evaluations to
740the Judicial Council upon request; and 01-16-23 5:53 PM H.B. 216
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741 (b) is responsible for the day-to-day supervision of the court commissioner.
742 (7) The Judicial Council shall:
743 (a) establish by rule procedures for the investigation and review of complaints and the
744discipline and removal of court commissioners; and
745 (b) evaluate court commissioners under the requirements of Subsection [78A-2-104(5)]
74678A-2-104(6).
747 (8) The Judicial Council shall make uniform statewide rules defining the duties and
748authority of court commissioners for each level of court they serve. The rules shall not exceed
749constitutional limitations upon the delegation of judicial authority. The rules shall at a
750minimum establish:
751 (a) types of cases and matters commissioners may hear;
752 (b) types of orders commissioners may recommend;
753 (c) types of relief commissioners may recommend; and
754 (d) procedure for timely judicial review of recommendations and orders made by court
755commissioners.
756 Section 22. Section 78A-5a-101 is enacted to read:
757 CHAPTER 5a. BUSINESS AND CHANCERY COURT
758 Part 1. General Provisions
759 78A-5a-101. Definitions.
760 (1) "Action" means a lawsuit or case commenced in a court.
761 (2) (a) "Asset" means property of all kinds, real or personal and tangible or intangible.
762 (b) "Asset" includes:
763 (i) cash, except for any reasonable compensation or salary for services rendered;
764 (ii) stock or other investments;
765 (iii) goodwill;
766 (iv) an ownership interest;
767 (v) a license;
768 (vi) a cause of action; and
769 (vii) any similar property.
770 (3) "Beneficial shareholder" means the same as that term is defined in Section
77116-10a-1301. H.B. 216 01-16-23 5:53 PM
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772 (4) "Blockchain" means a cryptographically secured, chronological, and decentralized
773consensus ledger or consensus database maintained via Internet, peer-to-peer network, or other
774interaction.
775 (5) "Blockchain technology" means computer software or hardware or collections of
776computer software or hardware, or both, that utilize or enable a blockchain.
777 (6) "Board" means the board of directors or trustees of a corporation.
778 (7) "Business" means any enterprise carried on for the purpose of gain or economic
779profit.
780 (8) (a) "Business organization" means an organization in any form that is primarily
781engaged in business.
782 (b) "Business organization" includes:
783 (i) an association;
784 (ii) a corporation;
785 (iii) a joint stock company;
786 (iv) a joint venture;
787 (v) a limited liability company;
788 (vi) a mutual fund trust;
789 (vii) a partnership; or
790 (viii) any other similar form of an organization described in Subsections (8)(b)(i)
791through (vii).
792 (c) "Business organization" does not include a governmental entity as defined in
793Section 63G-7-102.
794 (9) "Claim" means a written demand or assertion in an action.
795 (10) "Consumer contract" means a contract entered into by a consumer for the purchase
796of goods or services for personal, family, or household purposes.
797 (11) "Court" means the Business and Chancery Court established in Section
79878A-5a-102.
799 (12) "Decentralized autonomous organization" means an organization that is created by
800a smart contract deployed on a permissionless blockchain that implements specific
801decision-making or governance rules enabling individuals to coordinate themselves in a
802decentralized fashion. 01-16-23 5:53 PM H.B. 216
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803 (13) "Franchisee" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
804 (14) "Franchisor" means the same as that term is defined in 16 C.F.R. Sec. 436.1.
805 (15) "Health care" means the same as that term is defined in Section 78B-3-403.
806 (16) "Health care provider" means the same as that term is defined in Section
80778B-3-403.
808 (17) "Monetary damages" does not include:
809 (a) punitive or exemplary damages;
810 (b) prejudgment or postjudgment interest; or
811 (c) attorney fees or costs.
812 (18) "Officer" means an individual designated by a board, or other governing body of a
813business organization, to act on behalf of the business organization.
814 (19) "Owner" means a person who, directly or indirectly, owns or controls an
815ownership interest in a business organization regardless of whether the person owns or controls
816the ownership interest through another person, a power of attorney, or another business
817organization.
818 (20) "Ownership interest" means an interest owned in a business organization,
819including any shares, membership interest, partnership interest, or governance or transferable
820interest.
821 (21) "Permissionless blockchain" means a public distributed ledger that allows an
822individual to transact and produce blocks in accordance with the blockchain protocol, whereby
823the validity of the block is not determined by the identity of the producer.
824 (22) "Personal injury" means a physical or mental injury, including wrongful death.
825 (23) "Professional" means an individual whose profession requires a license,
826registration, or certification on the basis of experience, education, testing, or training.
827 (24) "Security" means the same as that term is defined in Section 61-1-13.
828 (25) "Shareholder" means the record shareholder or the beneficial shareholder.
829 (26) "Smart contract" means code deployed on a permissionless blockchain that
830consists of a set of predefined instructions executed in a distributed manner by the nodes of an
831underlying blockchain network that produces a change on the blockchain network.
832 (27) "Record shareholder" means the same as that term is defined in Section
83316-10a-1301. H.B. 216 01-16-23 5:53 PM
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834 (28) "Trustee" means a person that holds or administers an ownership interest on
835behalf of a third party.
836 Section 23. Section 78A-5a-102 is enacted to read:
837 78A-5a-102. Establishment of the Business and Chancery Court -- Organization
838and status.
839 (1) There is established the Business and Chancery Court for the state.
840 (2) The Business and Chancery Court is a court of record.
841 (3) The Business and Chancery Court is a trial court with limited and statewide
842jurisdiction over actions and claims as described in Section 78A-5a-103.
843 (4) The Business and Chancery Court is of equal status with the district and juvenile
844courts of the state.
845 (5) The Business and Chancery Court is established as a forum for the resolution of all
846matters properly brought before the Business and Chancery Court and consistent with
847applicable constitutional and statutory requirements of due process.
848 (6) The Business and Chancery Court shall have a seal.
849 (7) The judges and clerks of the Business and Chancery Court have the power to
850administer oaths and affirmations.
851 Section 24. Section 78A-5a-103 is enacted to read:
852 78A-5a-103. Concurrent jurisdiction of the Business and Chancery Court --
853Exceptions.
854 (1) The Business and Chancery Court has jurisdiction, concurrent with the district
855court, over an action:
856 (a) seeking monetary damages of at least $300,000 or seeking solely equitable relief;
857and
858 (b) (i) with a claim arising from:
859 (A) a breach of a contract;
860 (B) a breach of a fiduciary duty;
861 (C) a dispute over the internal affairs or governance of a business organization;
862 (D) the sale, merger, or dissolution of a business organization;
863 (E) the sale of substantially all of the assets of a business organization;
864 (F) the receivership or liquidation of a business organization; 01-16-23 5:53 PM H.B. 216
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865 (G) a dispute over liability or indemnity between or among owners of the same
866business organization;
867 (H) a dispute over liability or indemnity of an officer or owner of a business
868organization;
869 (I) a tortious or unlawful act committed against a business organization, including an
870act of unfair competition, tortious interference, or misrepresentation or fraud;
871 (J) a dispute between a business organization and an insurer regarding a commercial
872insurance policy;
873 (K) a contract or transaction governed by Title 70A, Uniform Commercial Code;
874 (L) the misappropriation of trade secrets under Title 13, Chapter 24, Uniform Trade
875Secrets Act;
876 (M) the misappropriation of intellectual property;
877 (N) a noncompete agreement, a nonsolicitation agreement, or a nondisclosure or
878confidentiality agreement, regardless of whether the agreement is oral or written;
879 (O) a relationship between a franchisor and a franchisee;
880 (P) the purchase or sale of a security or an allegation of security fraud;
881 (Q) a dispute over a blockchain, blockchain technology, or a decentralized autonomous
882organization;
883 (R) a violation of Title 76, Chapter 10, Part 31, Utah Antitrust Act; or
884 (S) a contract with a forum selection clause for a chancery, business, or commercial
885court of this state or any other state;
886 (ii) with a malpractice claim concerning services that a professional provided to a
887business organization; or
888 (iii) that is a shareholder derivative action.
889 (2) The Business and Chancery Court may exercise supplemental jurisdiction over all
890claims in an action that the Business and Chancery Court has jurisdiction under Subsection (1),
891except that the Business and Chancery Court may not exercise jurisdiction over:
892 (a) any claim arising from:
893 (i) a consumer contract;
894 (ii) a personal injury, including any personal injury relating to or arising out of health
895care rendered or which should have been rendered by the health care provider; H.B. 216 01-16-23 5:53 PM
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896 (iii) a wrongful termination of employment or a prohibited or discriminatory
897employment practice;
898 (iv) a violation of Title 13, Chapter 7, Civil Rights;
899 (v) Title 30, Husband and Wife;
900 (vi) Title 63G, Chapter 4, Administrative Procedures Act;
901 (vii) Title 78B, Chapter 6, Part 1, Utah Adoption Act;
902 (viii) Title 78B, Chapter 6, Part 5, Eminent Domain;
903 (ix) Title 78B, Chapter 6, Part 8, Forcible Entry and Detainer;
904 (x) Title 78B, Chapter 7, Protective Orders and Stalking Injunctions;
905 (xi) Title 78B, Chapter 12, Utah Child Support Act;
906 (xii) Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement
907Act;
908 (xiii) Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act;
909 (xiv) Title 78B, Chapter 15, Uniform Parentage Act;
910 (xv) Title 78B, Chapter 16, Utah Uniform Child Abduction Prevention Act; or
911 (xvi) Title 78B, Chapter 20, Uniform Deployed Parents Custody, Parent-time, and
912Visitation Act; or
913 (b) any criminal matter, unless the criminal matter is an act or omission of contempt
914that occurs in an action before the Business and Chancery Court.
915 Section 25. Section 78A-5a-104 is enacted to read:
916 78A-5a-104. Trier of fact and law -- Demand for jury trial.
917 (1) The Business and Chancery Court is the trier of fact and law in an action before the
918Business and Chancery Court.
919 (2) The Business and Chancery Court shall transfer an action to the district court if a
920party to the action demands a trial by jury in accordance with the Utah Rules of Civil
921Procedure.
922 Section 26. Section 78A-5a-105 is enacted to read:
923 78A-5a-105. Venue for the Business and Chancery Court.
924 (1) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action brought
925in the Business and Chancery Court.
926 (2) Any requirement in the Utah Code to file or bring an action in a specific district or 01-16-23 5:53 PM H.B. 216
- 31 -
927county does not apply to an action brought in the Business and Chancery Court.
928 Section 27. Section 78A-5a-201 is enacted to read:
929 Part 2. Administration
930 78A-5a-201. Judges of the Business and Chancery Court -- Terms.
931 (1) A judge of the Business and Chancery Court is appointed to initially serve until the
932first general election held more than three years after the day on which the appointment is
933effective.
934 (2) After the initial term described in Subsection (1), the term of office of a judge of
935the Business and Chancery Court is six years and commences on the first Monday in January
936following the date of election.
937 (3) A judge of the Business and Chancery Court whose term expires may serve, upon
938request of the Judicial Council, until a successor is appointed and qualified.
939 Section 28. Section 78A-5a-202 is enacted to read:
940 78A-5a-202. Presiding judge - Associate presiding judge -- Compensation --
941Powers -- Duties.
942 (1) (a) The judges of the Business and Chancery Court shall elect a presiding judge
943from among the members of the court by majority vote of all judges.
944 (b) The presiding judge shall receive $2,000 per annum as additional compensation for
945the period served as presiding judge.
946 (2) The presiding judge has the following authority and responsibilities, consistent with
947the policies of the Judicial Council:
948 (a) implementing policies of the Judicial Council; and
949 (b) exercising powers and performing administrative duties as authorized by the
950Judicial Council.
951 (3) (a) If the Business and Chancery Court has more than two judges, the judges of the
952Business and Chancery Court may elect an associate presiding judge from among the members
953of the court by majority vote of all judges.
954 (b) The associate presiding judge shall receive $1,000 per annum as additional
955compensation for the period served as associate presiding judge.
956 (4) (a) When the presiding judge is unavailable, the associate presiding judge shall
957assume the responsibilities of the presiding judge. H.B. 216 01-16-23 5:53 PM
- 32 -
958 (b) The associate presiding judge shall perform other duties assigned by the presiding
959judge.
960 Section 29. Section 78A-5a-203 is enacted to read:
961 78A-5a-203. Administrative system -- Case management -- Clerk of the court --
962Employees.
963 (1) (a) There is established the State Business and Chancery Court Administrative
964System.
965 (b) The Judicial Council shall administer the operation of the State Business and
966Chancery Court Administrative System.
967 (2) The Business and Chancery Court shall develop a case management system that:
968 (a) ensures judicial accountability for the just and timely disposition of cases; and
969 (b) provides each judge of the Business and Chancery Court a full judicial workload
970that accommodates differences in the subject matter or complexity of cases assigned to
971different judges of the Business and Chancery Court.
972 (3) The clerk of the Business and Chancery Court shall:
973 (a) take charge of and safely keep the court seal;
974 (b) take charge of and safely keep or dispose of all books, papers, and records filed or
975deposited with the clerk and all other records required by law or the rules of the Judicial
976Council;
977 (c) issue all notices, processes, and summonses as authorized by law;
978 (d) keep a record of all proceedings, actions, orders, judgments, and decrees of the
979court;
980 (e) supervise the deputy clerks as required to perform the duties of the clerk's office;
981and
982 (f) perform other duties as required by the presiding judge, the business and chancery
983court administrator, applicable law, and the rules of the Judicial Council.
984 (4) All employees, except judges of the Business and Chancery Court, are selected,
985promoted, and discharged through the state courts personnel system for the Business and
986Chancery Court under the direction and rules of the Judicial Council.
987 Section 30. Section 78A-5a-204 is enacted to read:
988 78A-5a-204. Location of the Business and Chancery Court -- Court facilities -- 01-16-23 5:53 PM H.B. 216
- 33 -
989Costs.
990 (1) The Business and Chancery Court is located in Salt Lake City.
991 (2) The Business and Chancery Court may perform any of the Business and Chancery
992Court's functions in any location within the state.
993 (3) The Judicial Council shall provide, from appropriations made by the Legislature,
994court space suitable for the conduct of court business for the Business and Chancery Court.
995 (4) The Judicial Council may, in order to carry out the Judicial Council's obligation to
996provide facilities for the Business and Chancery Court, lease space to be used by the Business
997and Chancery Court.
998 (5) A lease or reimbursement for the Business and Chancery Court must comply with
999the standards of the Division of Facilities Construction and Management that are applicable to
1000state agencies.
1001 (6) The cost of salaries, travel, and training required for the discharge of the duties of
1002judges, secretaries of judges or court executives, court executives, and court reporters for the
1003Business and Chancery Court are paid from appropriations made by the Legislature.
1004 Section 31. Section 78A-5a-205 is enacted to read:
1005 78A-5a-205. Court sessions.
1006 The Business and Chancery Court shall hold court at least once in each quarter of the
1007year.
1008 Section 32. Section 78A-5a-301 is enacted to read:
1009 Part 3. Business and Chancery Court Proceedings
1010 78A-5a-301. Publication of decisions and orders.
1011 The Business and Chancery Court shall:
1012 (1) publish all final decisions and orders issued by the Business and Chancery Court;
1013and
1014 (2) make all final decisions and orders public on the Utah Courts' website.
1015 Section 33. Section 78A-5a-302 is enacted to read:
1016 78A-5a-302. Tentative ruling before oral argument.
1017 The Business and Chancery Court shall provide the parties with a proposed ruling on
1018each motion within 48 hours before the day on which oral argument is held on the motion.
1019 Section 34. Section 78A-10-101.5 is enacted to read: H.B. 216 01-16-23 5:53 PM
- 34 -
1020 78A-10-101.5. Definitions.
1021 As used in this part:
1022 (1) "Commissioner" means a member appointed to a judicial nominating commission.
1023 (2) "Judicial nominating commission" means a commission created under Section
102478A-10-201, 78A-10-301, or 78A-10-402.
1025 Section 35. Section 78A-10-103 is amended to read:
1026 78A-10-103. Procedures governing meetings of judicial nominating commissions.
1027 (1) The Commission on Criminal and Juvenile Justice shall:
1028 (a) in consultation with the Judicial Council, enact rules establishing procedures
1029governing the meetings of [the judicial nominating commissions] a judicial nominating
1030commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1031and
1032 (b) ensure that those procedures include:
1033 (i) a minimum recruitment period of at least 30 days but not more than 90 days, unless
1034fewer than nine applications are received for a judicial vacancy, in which case the recruitment
1035period may be extended up to 30 days;
1036 (ii) standards for maintaining the confidentiality of the applications and related
1037documents;
1038 (iii) standards governing the release of applicant names before nomination;
1039 (iv) standards for destroying the records of the names of applicants, applications, and
1040related documents upon completion of the nominating process;
1041 (v) an opportunity for public comment concerning the nominating process,
1042qualifications for judicial office, and individual applicants;
1043 (vi) evaluation criteria for the selection of judicial nominees;
1044 (vii) procedures for taking summary minutes at [nominating commission meetings] a
1045judicial nominating commission meeting;
1046 (viii) procedures for simultaneously forwarding the names of nominees to the
1047governor, the president of the Senate, and the Office of Legislative Research and General
1048Counsel;
1049 (ix) standards governing a nominating commissioner's disqualification and inability to
1050serve; and 01-16-23 5:53 PM H.B. 216
- 35 -
1051 (x) procedures that require the Administrative Office of the Courts to immediately
1052inform the governor when a judge is removed, resigns, or retires.
1053 (2) In determining which of the applicants are the most qualified, [the nominating
1054commissions] a judicial nominating commission shall determine by a majority vote of the
1055commissioners present which of the applicants best possess the ability, temperament, training,
1056and experience that qualifies them for the office.
1057 (3) (a) Except as provided under Subsection (3)(b):
1058 (i) the appellate court nominating commission shall certify to the governor a list of the
1059seven most qualified applicants per vacancy;
1060 (ii) the business and chancery court nominating commission shall certify to the
1061governor a list of the seven most qualified applicants per vacancy; and
1062 [(ii)] (iii) [trial court nominating commissions] a district and juvenile court nominating
1063commission shall certify to the governor a list of the five most qualified applicants per vacancy.
1064 (b) If a judicial nominating commission is considering applicants for more than one
1065judicial vacancy existing at the same time and for the same court, the judicial nominating
1066commission shall include one additional applicant for each additional vacancy in the court in
1067the list of applicants the judicial nominating commission certifies to the governor.
1068 (4) [Nominating commissions] A judicial nominating commission shall ensure that the
1069list of applicants submitted to the governor:
1070 (a) meet the qualifications required by law to fill the office; and
1071 (b) are willing to serve.
1072 (5) In determining which of the applicants are the most qualified, [nominating
1073commissions] a judicial nominating commission may not decline to submit a candidate's name
1074to the governor merely because:
1075 (a) the judicial nominating commission had declined to submit that candidate's name to
1076the governor to fill a previous vacancy;
1077 (b) a previous judicial nominating commission had declined to submit that candidate's
1078name to the governor; or
1079 (c) that a judicial nominating commission or a previous judicial nominating
1080commission had submitted the applicant's name to the governor and the governor selected
1081someone else to fill the vacancy. H.B. 216 01-16-23 5:53 PM
- 36 -
1082 (6) A judicial nominating commission may not nominate a justice or judge who was
1083not retained by the voters for the office for which the justice or judge was defeated until after
1084the expiration of that term of office.
1085 (7) [Judicial nominating commissions are] A judicial nominating commission is
1086exempt from the requirements of Title 52, Chapter 4, Open and Public Meetings Act.
1087 Section 36. Section 78A-10-104 is amended to read:
1088 78A-10-104. Convening of judicial nominating commissions -- Certification to
1089governor of nominees -- Meetings to investigate prospective candidates.
1090 (1) Unless a hiring freeze is implemented in accordance with Section 78A-2-113, the
1091governor shall ensure that:
1092 (a) the recruitment period to fill a judicial vacancy begins 235 days before the effective
1093date of a vacancy, unless sufficient notice is not given, in which case the recruitment period
1094shall begin within 10 days of receiving notice;
1095 (b) the recruitment period is a minimum of 30 days but not more than 90 days, unless
1096fewer than nine applications are received, in which case the recruitment period may be
1097extended up to 30 days; and
1098 (c) the chair of the judicial nominating commission having authority over the vacancy
1099shall convene a meeting not more than 10 days after the close of the recruitment period.
1100 (2) The time limits in Subsection (1) shall begin to run the day the hiring freeze ends.
1101 (3) The judicial nominating commission may:
1102 (a) meet as necessary to perform [its] the judicial nominating commission's function;
1103and
1104 (b) investigate prospective candidates.
1105 (4) Not later than 45 days after convening[, the]:
1106 (a) the appellate court nominating commission shall certify to the governor a list of the
1107seven most qualified applicants per vacancy;
1108 (b) the business and chancery court nominating commission shall certify to the
1109governor a list of the seven most qualified applicants per vacancy; and
1110 [(b)] (c) [trial court] a district and juvenile court nominating commission shall certify
1111to the governor a list of the five most qualified applicants per vacancy.
1112 (5) The governor shall fill the vacancy within 30 days after receiving the list of 01-16-23 5:53 PM H.B. 216
- 37 -
1113nominees.
1114 (6) If the governor fails to fill the vacancy within 30 days of receiving the list of
1115nominees from the judicial nominating commission, the chief justice of the Supreme Court
1116shall, within 20 days, appoint [a person] an individual from the list of nominees certified to the
1117governor.
1118 (7) A judicial nominating commission may not nominate [a person] an individual who
1119has served on a judicial nominating commission within six months of the date that the
1120commission was last convened.
1121 Section 37. Section 78A-10-301 is amended to read:
1122 Part 3. District and Juvenile Court Nominating Commissions
1123 78A-10-301. Definitions -- Creation.
1124 (1) As used in this part:
1125 (a) "Commission" means a district and juvenile court nominating commission created
1126in Subsection (2).
1127 (b) "Commissioner" means a member of a district and juvenile court nominating
1128commission created in Subsection (2).
1129 (2) There is created a [Trial Court Nominating Commission] district and juvenile court
1130nominating commission for each geographical division of the [trial courts of record] district
1131and juvenile courts under Section 78A-1-102.
1132 [(2)] (3) [The Trial Court Nominating Commission] A commission shall nominate
1133judges of the district court and the juvenile court within [its] the commission's geographical
1134division.
1135 Section 38. Section 78A-10-302 is amended to read:
1136 78A-10-302. Membership.
1137 (1) [The Trial Court Nominating Commission] A district and juvenile court nominating
1138commission shall consist of seven commissioners, each appointed by the governor to serve a
1139single four-year term.
1140 (2) Each commissioner shall:
1141 (a) be a United States citizen;
1142 (b) be a resident of Utah;
1143 (c) be a resident of the geographic division to be served by the commission to which H.B. 216 01-16-23 5:53 PM
- 38 -
1144the commissioner is appointed; and
1145 (d) serve until the commissioner's successor is appointed.
1146 (3) The governor may not appoint:
1147 (a) a commissioner to serve successive terms;
1148 (b) a member of the Legislature to serve as a member of a [Trial Court Nominating
1149Commission] commission; or
1150 (c) more than four commissioners from the same political party to a [Trial Court
1151Nominating Commission] commission.
1152 (4) The governor shall appoint two commissioners from a list of nominees provided by
1153the Utah State Bar.
1154 (5) The Utah State Bar shall submit:
1155 (a) six nominees from Districts 2, 3, and 4; and
1156 (b) four nominees from Districts 1, 5, 6, 7, and 8.
1157 (6) The governor may reject any list and request a new list of nominees.
1158 (7) The governor may not appoint more than four persons who are members of the
1159Utah State Bar to a [Trial Court Nominating Commission] commission.
1160 (8) The chief justice of the Supreme Court shall appoint another member of the
1161Judicial Council to serve as an ex officio, nonvoting member of each [Trial Court Nominating
1162Commission] commission.
1163 (9) The governor shall appoint the chair of each [Trial Court Nominating Commission]
1164commission from among [its] the commission's membership.
1165 Section 39. Section 78A-10-303 is amended to read:
1166 78A-10-303. Procedure.
1167 (1) Four commissioners are a quorum.
1168 (2) The governor shall appoint a member of the governor's staff to serve as staff to each
1169[Trial Court Nominating Commission] commission.
1170 (3) The governor shall:
1171 (a) ensure that each [Trial Court Nominating Commission] commission follows the
1172rules promulgated by the Commission on Criminal and Juvenile Justice; and
1173 (b) resolve any questions regarding those rules.
1174 (4) A [member of a Trial Court Nominating Commission] commissioner who is also a 01-16-23 5:53 PM H.B. 216
- 39 -
1175member of the Utah State Bar may recuse [himself] oneself if there is a conflict of interest that
1176makes the member unable to serve.
1177 Section 40. Section 78A-10-304 is amended to read:
1178 78A-10-304. Vacancies.
1179 (1) The governor shall fill any vacancy on [the Trial Court Nominating Commission] a
1180commission.
1181 (2) If a commissioner is disqualified or otherwise unable to serve, the governor shall
1182appoint a new commissioner of the same political party as the unavailable commissioner.
1183 (3) If a vacancy occurs among commission members who are also members of the Utah
1184State Bar, the governor shall replace that commissioner with [a person] an individual from a
1185list of nominees submitted by the Utah State Bar as provided in Section 78A-10-302.
1186 (4) The governor shall ensure that each [person] individual who is appointed to fill any
1187vacancy in the office of commissioner, other than a vacancy caused by expiration of term, is a
1188member of the same political party as the commissioner whom the [person] individual
1189replaced.
1190 (5) When a vacancy occurs in the membership for any reason, the replacement shall be
1191appointed for the unexpired term of the commissioner being replaced and may not be
1192reappointed.
1193 Section 41. Section 78A-10-305 is amended to read:
1194 78A-10-305. Expenses -- Per diem and travel.
1195 A [member] commissioner may not receive compensation or benefits for the
1196[member's] commissioner's service[,] but may receive per diem and travel expenses in
1197accordance with:
1198 (1) Section 63A-3-106;
1199 (2) Section 63A-3-107; and
1200 (3) rules made by the Division of Finance [pursuant to] in accordance with Sections
120163A-3-106 and 63A-3-107.
1202 Section 42. Section 78A-10-401 is enacted to read:
1203 Part 4. Business and Chancery Court Nominating Commission
1204 78A-10-401. Definitions.
1205 As used in this part: H.B. 216 01-16-23 5:53 PM
- 40 -
1206 (1) "Commission" means the Business and Chancery Court Nominating Commission
1207created in Section 78A-10-402.
1208 (2) "Commissioner" means an individual appointed by the governor to serve on the
1209Business and Chancery Court Nominating Commission.
1210 Section 43. Section 78A-10-402 is enacted to read:
1211 78A-10-402. Creation.
1212 (1) There is created the Business and Chancery Court Nominating Commission.
1213 (2) The Business and Chancery Court Nominating Commission shall nominate
1214individuals to fill judicial vacancies on the Business and Chancery Court.
1215 Section 44. Section 78A-10-403 is enacted to read:
1216 78A-10-403. Membership -- Appointment -- Vacancies -- Removal.
1217 (1) (a) The Business and Chancery Court Nominating Commission shall consist of
1218seven commissioners, each appointed by the governor to serve a four-year term.
1219 (b) The commission shall consist of at least two commissioners who are members of
1220the Utah State Bar.
1221 (2) Each commissioner shall:
1222 (a) be a United States citizen;
1223 (b) be a resident of Utah; and
1224 (c) serve until the commissioner's successor is appointed.
1225 (3) (a) For the appointment of a commissioner who is a member of the Utah State Bar:
1226 (i) the Utah State Bar shall submit to the governor a list of six nominees to serve as a
1227commissioner; and
1228 (ii) the governor shall appoint a commissioner from the list of nominees provided by
1229the Utah State Bar.
1230 (b) The governor may:
1231 (i) reject the list submitted by the Utah State Bar under Subsection (3)(a); and
1232 (ii) request a new list of nominees from the Utah State Bar.
1233 (4) The governor may not appoint:
1234 (a) a commissioner to serve successive terms;
1235 (b) a member of the Legislature to serve as a member of the commission; or
1236 (c) more than four individuals who are from the same political party to the 01-16-23 5:53 PM H.B. 216
- 41 -
1237commission.
1238 (5) The chief justice of the Supreme Court shall appoint a member of the Judicial
1239Council to serve as an ex officio, nonvoting member of the commission.
1240 (6) The governor shall appoint the chair of the commission from among the
1241membership of the commission.
1242 (7) (a) The governor shall fill any vacancy in the commission caused by the expiration
1243of a commissioner's term.
1244 (b) If there is a vacancy among the commissioners who are members of the Utah State
1245Bar, the governor shall replace that commissioner with an individual from a list of nominees
1246submitted by the Utah State Bar in accordance with Subsection (3).
1247 (8) (a) If a commissioner is disqualified or is otherwise unable to serve, the governor
1248shall appoint a replacement commissioner:
1249 (i) to fill the vacancy for the unexpired term of the unavailable commissioner; and
1250 (ii) who is the same political party as the unavailable commissioner.
1251 (b) A replacement commissioner appointed under Subsection (8)(a) may not be
1252reappointed upon the expiration of the term of service.
1253 (9) The governor shall ensure that each individual who is appointed to fill any vacancy
1254on the commission is a member of the same political party as the commissioner whom the
1255individual replaced.
1256 Section 45. Section 78A-10-404 is enacted to read:
1257 78A-10-404. Procedure -- Staff -- Rules -- Recusal.
1258 (1) Four commissioners are a quorum.
1259 (2) The governor shall appoint a member of the governor's staff to serve as staff to the
1260commission.
1261 (3) The governor shall:
1262 (a) ensure that the commission follows the rules promulgated by the State Commission
1263on Criminal and Juvenile Justice under Section 78A-10-103; and
1264 (b) resolve any questions regarding the rules described in Subsection (3)(a).
1265 (4) A commissioner who is a member of Utah State Bar may recuse oneself if there is a
1266conflict of interest that makes the commissioner unable to serve.
1267 Section 46. Section 78A-10-405 is enacted to read: H.B. 216 01-16-23 5:53 PM
- 42 -
1268 78A-10-405. Expenses -- Per diem and travel.
1269 A commissioner may not receive compensation or benefits for the commissioner's
1270service but may receive per diem and travel expenses in accordance with:
1271 (1) Section 63A-3-106;
1272 (2) Section 63A-3-107; and
1273 (3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and
127463A-3-107.
1275 Section 47. Section 78A-11-102 is amended to read:
1276 78A-11-102. Definitions.
1277 As used in this chapter:
1278 (1) "Commission" means the Judicial Conduct Commission established by Utah
1279Constitution Article VIII, Section 13, and this chapter.
1280 (2) (a) "Complaint" includes:
1281 (i) a written complaint against a judge; or
1282 (ii) an allegation based on reliable information received in any form, from any source,
1283that alleges, or from which a reasonable inference can be drawn that a judge is in violation of
1284any provision of Utah Constitution Article VIII, Section 13.
1285 (b) "Complaint" does not include an allegation initiated by the commission or its staff.
1286 (3) "Investigation" means an inquiry into an allegation of misconduct, including a
1287search for and examination of evidence concerning the allegations, which begins upon the
1288receipt of a complaint and is completed when either the complaint is dismissed by a majority
1289vote of the commission or when an order is sent to the Supreme Court for its review in
1290accordance with Utah Constitution Article VIII, Section 13.
1291 (4) "Judge" includes the chief justice of the Supreme Court, a justice of the Supreme
1292Court, [an appellate court judge] a judge of the Court of Appeals, a judge of the Business and
1293Chancery Court, a district court judge, an active senior judge, a juvenile court judge, a justice
1294court judge, an active senior justice court judge, and a judge pro tempore of any court of this
1295state.
1296 Section 48. Section 78A-11-103 is amended to read:
1297 78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies --
1298Voting -- Power of chair. 01-16-23 5:53 PM H.B. 216
- 43 -
1299 (1) (a) The membership of the commission consists of the following 11 members:
1300 [(a)] (i) two members of the House of Representatives to be appointed by the speaker
1301of the House of Representatives for a four-year term, not more than one of whom may be of the
1302same political party as the speaker;
1303 [(b)] (ii) two members of the Senate to be appointed by the president of the Senate for
1304a four-year term, not more than one of whom may be of the same political party as the
1305president;
1306 [(c)] (iii) two members of, and in good standing with, the Utah State Bar, who shall be
1307appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may
1308reside in the same judicial district;
1309 [(d)] (iv) three persons not members of the Utah State Bar, who shall be appointed by
1310the governor, with the advice and consent of the Senate, in accordance with Title 63G, Chapter
131124, Part 2, Vacancies, for four-year terms, not more than two of whom may be of the same
1312political party as the governor; and
1313 [(e)] (v) subject to Subsection (1)(b), two judges to be appointed by a majority of the
1314Utah Supreme Court for a four-year term[, neither of whom may:].
1315 (b) The two judges appointed under Subsection (1)(a)(v) may not:
1316 (i) be a member of the Utah Supreme Court;
1317 (ii) serve on the same level of court [as the other]; and
1318 (iii) [if trial judges,] serve primarily in the same judicial district [as the other] if the
1319judges are district or juvenile court judges.
1320 (2) (a) The terms of the members shall be staggered so that approximately half of the
1321commission expires every two years.
1322 (b) Members of the commission may not serve longer than eight years.
1323 (3) The commission shall establish guidelines and procedures for the disqualification
1324of any member from consideration of any matter. A judge who is a member of the commission
1325or the Supreme Court may not participate in any proceedings involving the judge's own
1326removal or retirement.
1327 (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
1328be appointed by the appointing authority for that position for the unexpired term.
1329 (b) If the appointing authority fails to appoint a replacement, the commissioners who H.B. 216 01-16-23 5:53 PM
- 44 -
1330have been appointed may act as a commission under all the provisions of this section.
1331 (5) Six members of the commission shall constitute a quorum. Any action of a
1332majority of the quorum constitutes the action of the commission.
1333 (6) (a) At each commission meeting, the chair and executive director shall schedule all
1334complaints to be heard by the commission and present any information from which a
1335reasonable inference can be drawn that a judge has committed misconduct so that the
1336commission may determine by majority vote of a quorum whether the executive director shall
1337draft a written complaint in accordance with Subsection 78A-11-102(2)(b).
1338 (b) The chair and executive director may not act to dismiss any complaint without a
1339majority vote of a quorum of the commission.
1340 (c) A member of the commission described in Subsection [(1)(d)] (1)(a)(iv) shall
1341comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3,
1342Conflicts of Interest.
1343 (7) It is the responsibility of the chair and the executive director to ensure that the
1344commission complies with the procedures of the commission.
1345 (8) The chair shall be nonvoting except in the case of a tie vote.
1346 (9) The chair shall be allowed the actual expenses of secretarial services, the expenses
1347of services for either a court reporter or a transcriber of electronic tape recordings, and other
1348necessary administrative expenses incurred in the performance of the duties of the commission.
1349 (10) Upon a majority vote of the quorum, the commission may:
1350 (a) employ an executive director, legal counsel, investigators, and other staff to assist
1351the commission; and
1352 (b) incur other reasonable and necessary expenses within the authorized budget of the
1353commission and consistent with the duties of the commission.
1354 (11) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
1355Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
1356 Section 49. Section 78A-11-106 is amended to read:
1357 78A-11-106. Criminal investigation of a judge -- Administrative leave.
1358 (1) (a) (i) If the commission, during the course of its investigation into an allegation of
1359judicial misconduct, receives information upon which a reasonable person might conclude that
1360a misdemeanor or felony under state or federal law has been committed by a judge other than 01-16-23 5:53 PM H.B. 216
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1361the chief justice of the Supreme Court, the commission shall immediately refer the allegation
1362and any information relevant to the potential criminal violation to the chief justice of the
1363Supreme Court.
1364 (ii) (A) Unless the allegation is plainly frivolous, the commission shall also
1365immediately refer the allegation of criminal misconduct and any information relevant to the
1366potential criminal violation to the local prosecuting attorney having jurisdiction to investigate
1367and prosecute the crime.
1368 (B) If the local prosecuting attorney receiving the allegation of criminal misconduct of
1369a judge practices before that judge on a regular basis, or has a conflict of interest in
1370investigating the crime, the local prosecuting attorney shall refer the allegation of criminal
1371misconduct to another local or state prosecutor who would not have the same disability or
1372conflict.
1373 (C) The commission may concurrently proceed with its investigation of the complaint
1374without waiting for the resolution of the criminal investigation by the prosecuting attorney.
1375 (b) The chief justice of the Supreme Court may place [a justice of the Supreme Court,
1376an appellate court judge, district court judge, active senior judge, juvenile court judge, justice
1377court judge, active senior justice court judge, or judge pro tempore] a judge on administrative
1378leave with or without pay if the chief justice has a reasonable basis to believe that the alleged
1379crime occurred, that the [justice of the Supreme Court, appellate court judge, district court
1380judge, active senior judge, juvenile court judge, justice court judge, active senior justice court
1381judge, or judge pro tempore] judge committed the crime, and that the crime was either a felony
1382or a misdemeanor which conduct may be prejudicial to the administration of justice or which
1383brings a judicial office into disrepute.
1384 (2) (a) If the commission, during the course of its investigation into an allegation of
1385judicial misconduct, receives information upon which a reasonable person might conclude that
1386a misdemeanor or felony under state or federal law has been committed by the chief justice of
1387the Supreme Court, the commission shall immediately refer the allegation and any information
1388relevant to the potential criminal violation to two justices of the Supreme Court and the local
1389prosecuting attorney in accordance with Subsection (1)(a)(ii).
1390 (b) Two justices of the Supreme Court may place the chief justice of the Supreme
1391Court on administrative leave with or without pay if the two justices have a reasonable basis to H.B. 216 01-16-23 5:53 PM
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1392believe that the alleged crime occurred, that the chief justice committed the crime, and that the
1393crime was either a felony or a misdemeanor which conduct may be prejudicial to the
1394administration of justice or which brings a judicial office into disrepute.
1395 (3) (a) If a judge is or has been criminally charged or indicted for a class A
1396misdemeanor or any felony under state or federal law and if the Supreme Court has not already
1397acted under Subsection (1) or (2), the appropriate member or members of the Supreme Court as
1398provided in Subsection (1) or (2), shall place the judge on administrative leave with or without
1399pay pending the outcome of the criminal proceeding.
1400 (b) The state court administrator shall, for the duration of the administrative leave,
1401withhold all employer and employee contributions required under Sections 49-17-301 and
140249-18-301.
1403 (c) If the judge is not convicted of the criminal charge, and if after an investigation and
1404final disposition of the case by the Judicial Conduct Commission, the judge is reinstated by the
1405Supreme Court as provided in Subsection (4), then the judge shall be paid the salary or
1406compensation for the period of administrative leave, and all contributions withheld under
1407Subsection (3)(b) shall be deposited in accordance with Sections 49-17-301 and 49-18-301.
1408 (4) The chief justice of the Supreme Court or two justices of the Supreme Court who
1409ordered the judge on administrative leave shall order the reinstatement of the judge:
1410 (a) if the prosecutor to whom the allegations are referred by the commission determines
1411no charge or indictment should be filed; or
1412 (b) after final disposition of the criminal case, if the judge is not convicted of a
1413criminal charge and if the commission has not ordered the removal of the judge.
1414 Section 50. Effective date.
1415 (1) Except as provided in Subsection (2), this bill takes effect on July 1, 2024.
1416 (2) The enactment in this bill of Section 78A-5a-103 takes effect on October 1, 2024.