78A-2-104 (Superseded 01/01/12) - Judicial Council -- Creation -- Members -- Terms and election -- Responsibilities -- Reports -- Guardian Ad Litem Oversight Committee. - Utah Statutes

78A-2-104 (Superseded 01/01/12). Judicial Council -- Creation -- Members --Terms and election -- Responsibilities -- Reports -- Guardian Ad Litem OversightCommittee.
(1) The Judicial Council, established by Article VIII, Section 12, Utah Constitution, shallbe composed of:
(a) the chief justice of the Supreme Court;
(b) one member elected by the justices of the Supreme Court;
(c) one member elected by the judges of the Court of Appeals;
(d) five members elected by the judges of the district courts;
(e) two members elected by the judges of the juvenile courts;
(f) three members elected by the justice court judges; and
(g) a member or ex officio member of the Board of Commissioners of the Utah State Barwho is an active member of the Bar in good standing at the time of election by the Board ofCommissioners.
(2) The Judicial Council shall have a seal.
(3) (a) The chief justice of the Supreme Court shall act as presiding officer of the counciland chief administrative officer for the courts. The chief justice shall vote only in the case of atie.
(b) All members of the council shall serve for three-year terms.
(i) If a council member should die, resign, retire, or otherwise fail to complete a term ofoffice, the appropriate constituent group shall elect a member to complete the term of office.
(ii) In courts having more than one member, the members shall be elected to staggeredterms.
(iii) The person elected by the Board of Commissioners may complete a three-year termof office on the Judicial Council even though the person ceases to be a member or ex officiomember of the Board of Commissioners. The person shall be an active member of the Bar ingood standing for the entire term of the Judicial Council.
(c) Elections shall be held under rules made by the Judicial Council.
(4) The council is responsible for the development of uniform administrative policy forthe courts throughout the state. The presiding officer of the Judicial Council is responsible forthe implementation of the policies developed by the council and for the general management ofthe courts, with the aid of the administrator. The council has authority and responsibility to:
(a) establish and assure compliance with policies for the operation of the courts,including uniform rules and forms; and
(b) publish and submit to the governor, the chief justice of the Supreme Court, and theLegislature an annual report of the operations of the courts, which shall include financial andstatistical data and may include suggestions and recommendations for legislation.
(5) (a) The Judicial Council shall make rules establishing:
(i) standards for judicial competence; and
(ii) a formal program for the evaluation of judicial performance containing the elementsof and meeting the requirements of this Subsection (5).
(b) The Judicial Council shall ensure that the formal judicial performance evaluationprogram has improvement in the performance of individual judges, court commissioners, and thejudiciary as the Judicial Council's goal.
(c) The Judicial Council shall ensure that the formal judicial performance evaluation

program includes at least all of the following elements:
(i) a requirement that judges complete a certain number of hours of approved judicialeducation each year;
(ii) a requirement that each judge certify that he is:
(A) physically and mentally competent to serve; and
(B) in compliance with the Codes of Judicial Conduct and Judicial Administration; and
(iii) a requirement that the judge receive a satisfactory score on questions identified bythe Judicial Council as relating to judicial certification on a survey of members of the Bardeveloped by the Judicial Council in conjunction with the American Bar Association.
(d) The Judicial Council shall ensure that the formal judicial performance evaluationprogram considers at least the following criteria:
(i) integrity;
(ii) knowledge;
(iii) understanding of the law;
(iv) ability to communicate;
(v) punctuality;
(vi) preparation;
(vii) attentiveness;
(viii) dignity;
(ix) control over proceedings; and
(x) skills as a manager.
(e) (i) The Judicial Council shall provide the judicial performance evaluation informationand the disciplinary data required by Subsection 20A-7-702(2) to the Lieutenant Governor forpublication in the voter information pamphlet.
(ii) Not later than August 1 of the year before the expiration of the term of office of ajustice court judge, the Judicial Council shall provide the judicial performance evaluationinformation required by Subsection 20A-7-702(2) to the appointing authority of a justice courtjudge.
(6) The council shall establish standards for the operation of the courts of the stateincluding, but not limited to, facilities, court security, support services, and staff levels forjudicial and support personnel.
(7) The council shall by rule establish the time and manner for destroying court records,including computer records, and shall establish retention periods for these records.
(8) (a) Consistent with the requirements of judicial office and security policies, thecouncil shall establish procedures to govern the assignment of state vehicles to public officers ofthe judicial branch.
(b) The vehicles shall be marked in a manner consistent with Section 41-1a-407 and maybe assigned for unlimited use, within the state only.
(9) (a) The council shall advise judicial officers and employees concerning ethical issuesand shall establish procedures for issuing informal and formal advisory opinions on these issues.
(b) Compliance with an informal opinion is evidence of good faith compliance with theCode of Judicial Conduct.
(c) A formal opinion constitutes a binding interpretation of the Code of Judicial Conduct.
(10) (a) The council shall establish written procedures authorizing the presiding officerof the council to appoint judges of courts of record by special or general assignment to serve

temporarily in another level of court in a specific court or generally within that level. Theappointment shall be for a specific period and shall be reported to the council.
(b) These procedures shall be developed in accordance with Subsection 78A-2-107(10)regarding temporary appointment of judges.
(11) The Judicial Council may by rule designate municipalities in addition to thosedesignated by statute as a location of a trial court of record. There shall be at least one courtclerk's office open during regular court hours in each county. Any trial court of record may holdcourt in any municipality designated as a location of a court of record.
(12) The Judicial Council shall by rule determine whether the administration of a courtshall be the obligation of the administrative office of the courts or whether the administrativeoffice of the courts should contract with local government for court support services.
(13) The Judicial Council may by rule direct that a district court location be administeredfrom another court location within the county.
(14) (a) The Judicial Council shall:
(i) establish the Office of Guardian Ad Litem, in accordance with Title 78A, Chapter 6,Part 9, Guardian Ad Litem; and
(ii) establish and supervise a Guardian Ad Litem Oversight Committee.
(b) The Guardian Ad Litem Oversight Committee described in Subsection (14)(a)(ii)shall oversee the Office of Guardian Ad Litem, established under Subsection (14)(a)(i), andassure that the Office of Guardian Ad Litem complies with state and federal law, regulation,policy, and court rules.
(15) The Judicial Council shall establish and maintain, in cooperation with the Office ofRecovery Services within the Department of Human Services, the part of the state case registrythat contains records of each support order established or modified in the state on or afterOctober 1, 1998, as is necessary to comply with the Social Security Act, 42 U.S.C. Sec. 654a.

Amended by Chapter 32, 2009 General Session