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Utah’s court system serves the citizens of the
state through five primary judicial venues: the state
Supreme Court;
Court of Appeals;
District Court;
Juvenile Court; and,
Justice Court.
Utah's Supreme Court
The
five-justice
Utah Supreme Court serves as the court of last resort in Utah. It
is led by a chief justice, presently
Christine Durham, who is elected to a four-year term in the post
by majority vote of her peers, and an associate chief, now
Michael J. Wilkins, who serves in the role for two years.
The court has original jurisdiction to answer questions
of state law certified from the federal courts, and in the issuance of
extraordinary writs. The court has appellate jurisdiction in cases of
first-degree felonies and capital felony convictions rising from
District Court, and in civil judgments other than domestic cases.
The justices also review formal administrative proceedings of several
state bodies, including: the
Public Service Commission;
Tax Commission;
School and Institutional Trust Lands Board of Trustees; the
Division of Oil, Gas and Mining; and the state engineer.
The Supreme Court also has jurisdiction over
judgments by the
Court of Appeals via writ of certiorari, proceedings of the
Judicial Conduct Commission, and disputes or questions of both the
state constitution and elections.
Finally, the Supreme Court is entrusted with
adopting the rules of civil and criminal procedure and rules of
evidence for all state courts, with admitting lawyers to the state
bar, and with disciplining attorneys and judges as necessary.
The court conducts its regular sessions at the
Matheson Courthouse in Salt Lake City, but occasionally convenes in
other locations. It generally sits on the first and third Mondays of
each month to decide procedural and substantive matters presented on a
law and motion calendar. Following the presentation of oral arguments
by attorneys (usually the first week of each month), the justices hold
a conference and vote either to grant or deny the motions and assign
one justice to write an opinion. Other justices may choose to write a
separate concurring or, if they disagree with the court’s decision,
dissenting opinion on the case.
Three out of five justices sit on the law and
motion panel, allowing two justices to devote more time to writing
opinions.
Online resources for the Utah Supreme Court
include an
oral arguments calendar, a
docket search and an archive of
opinions.
Utah's Court of Appeals
Utah’s
Court of Appeals was created in 1987, and consists of
seven judges who serve six-year, renewable terms. The court has a
presiding judge, presently
Russell W. Bench, and an associate presiding judge,
Pamela T. Greenwood.
The jurisdiction of the Court of Appeals is
complementary to that of the
Utah Supreme Court. The lower appellate court hears all appeals
from the
Juvenile Court and
District Court venues, except for those from the small claims
department of District Court. Appellate judges also hear domestic
relations cases from District Court, including: divorces; annulments;
property division; child custody, support and visitation; adoption;
and paternity. The Court of Appeals also reviews matters of felony
appeals for offenses less than first-degree or “capital” in severity.
And, the court reviews appeals of administrative proceedings by state
agencies, including the Utah Industrial Commission and the Department
of Employment Security Career Service Review Board.
The Supreme Court also can choose to transfer
other cases to the Court of Appeals.
Court of Appeals sessions are usually conducted
in Salt Lake City, but the court also travels several times per year,
convening in other regions. The court sits and renders judgment in
rotating panels of three judges; unlike many state appellate courts,
which at times will gather as a whole, the Utah Court of Appeals is
prohibited by statute from sitting “en banc.”
The three-member panels hear oral arguments
during the third and fourth weeks of each month. After the trio of
judges reaches a decision, one is assigned to write the court’s
opinion. In addition to oral argument panels, the court will designate
three judges to sit on the law and motion panel, which determines
procedural and substantive motions and hears cases one day per month.
The Court of Appeals’
oral arguments calendar,
docket and
opinions are available online.
Utah's District Courts
Utah’s District Court system is the state’s trial
court of general jurisdiction. There are
71 full-time judges serving in the state’s
eight judicial districts.
The District Court has original jurisdiction to
try all civil cases, all criminal felonies such as homicide, assault,
sex and drug offenses, forgery, arson and robbery, and has
jurisdiction over misdemeanor violations in certain instances.
A major role for the District Court is hearing
domestic relations cases, such as divorces, child custody and support,
adoptions and probate cases.
District judges also have the power to issue
extraordinary writs, and the court serves as an appellate venue to
review informal adjudicative proceedings from administrative agencies.
Utah also has a number of
Drug Court venues under the umbrella of District Court, with about
700 to 800 offenders who suffer from substance abuse issues being
disciplined while also being treated for their addictions in hopes of
reducing recidivism.
Utah's Juvenile Court
Utah’s
Juvenile Court is a court of special jurisdiction. The Juvenile
Court division includes
28 full-time judges and one commissioner. Their division is
considered equal to
District Court, while only having exclusive, original jurisdiction
over youths under age 18 who violate federal, state or municipal laws,
plus children who are abused, neglected or dependent.
The Juvenile Court system is divided into
eight districts, the same as District Court. Judges in Juvenile
Court have the power to determine child custody, support and
visitation in some circumstances, to permanently terminate parental
rights and to authorize or require treatment for mentally ill or
handicapped children. The court may also place children under
supervision of the court’s probation department and place children in
foster homes, group homes, special treatment centers or secure
institutions.
The court works closely with the
Office of Guardian ad Litem on cases involving abuse, neglect or
dependency.
The court may require children to pay fines or
make restitution for damages or loss resulting from their delinquency.
The court has jurisdiction over habitual truants, runaways and
“ungovernable” youths if efforts by other social service agencies are
not successful. The court has exclusive jurisdiction in traffic
offenses involving minors related to automobile homicide, driving
under the influence of alcohol or drugs, reckless driving, joyriding,
and fleeing a police officer. And it has concurrent jurisdiction with
the
District Court and
Justice Court over adults who contribute to the delinquency and
neglect of a minor.
Juvenile Court, unlike other state courts of
record, administers a probation department. Probation officers prepare
dispositional reports, supervise youths you have been placed on
probation by the court, conduct evaluations and submit reports on the
progress of each juvenile. As a member of the Interstate Compact on
Juveniles, the Utah Juvenile Court accepts supervision of youth
offenders who move to Utah from another state.
All appeals from Juvenile Court are heard in the
Utah Court of Appeals.
Utah's Justice Courts
Utah’s
Justice Court facilities are established by counties and
municipalities and are vested with the authority to deal with Class B
and Class C misdemeanors, violations of ordinances, small claims
disputes and other minor infractions committed within their
territorial jurisdictions. Justice Court jurisdictions are determined
by the boundaries of the local governments that maintain them, such as
cities or counties, and these governments also hire the Justice Court
judges.
There are two types of Justice Court judges:
county judges who are appointed by the county commission before facing
retention votes among the electorate each four years; and, municipal
judges who are appointed by city officials to serve four-year terms.
Some judges are both county and municipal judges. Some judges hear
case daily, while others have only limited court hours each week.
The state’s
108 Justice Court judges, serving
134 county and municipal courts, need not be attorneys, although
they undergo extensive and continuing legal training. All Justice
Court judges must attend 30 hours of continuing judicial education
each year to retain their certification. |