78A-5-111 - Transfer of court operating responsibilities -- Facilities -- Staff -- Budget.
78A-5-111. Transfer of court operating responsibilities -- Facilities -- Staff --Budget.
(1) A county's determination to transfer responsibility for operation of the district courtto the state is irrevocable.
(2) (a) Court space suitable for the conduct of judicial business as specified by theJudicial Council shall be provided by the state from appropriations made by the Legislature forthese purposes.
(b) The state may, in order to carry out its obligation to provide these facilities, leasespace from a county, or reimburse a county for the number of square feet used by the district. Any lease and reimbursement shall be determined in accordance with the standards of the StateBuilding Board applicable to state agencies generally. A county or municipality terminating alease with the court shall provide written notice to the Judicial Council at least one year prior tothe effective date of the termination.
(c) District courts shall be located in municipalities that are sites for the district court orcircuit court as of January 1, 1994. Removal of the district court from the municipality shallrequire prior legislative approval by joint resolution.
(3) The state shall provide legal reference materials for all district judges' chambers andcourtrooms, as required by Judicial Council rule. Maintenance of county law libraries shall be inconsultation with the court executive of the district court.
(4) (a) At the request of the Judicial Council, the county or municipality shall providestaff for the district court in county seats or municipalities under contract with the administrativeoffice of the courts.
(b) Payment for necessary expenses shall be by a contract entered into annually betweenthe state and the county or municipality, which shall specifically state the agreed costs ofpersonnel, supplies, and services, as well as the method and terms of payment.
(c) Workload measures prepared by the state court administrator and projected costs forthe next fiscal year shall be considered in the negotiation of contracts.
(d) Each May 1 preceding the general session of the Legislature, the county ormunicipality shall submit a budget request to the Judicial Council, the governor, and thelegislative fiscal analyst for services to be rendered as part of the contract under Subsection (4)(b)for the fiscal year immediately following the legislative session. The Judicial Council shallconsider this information in developing its budget request. The legislative fiscal analyst shallprovide the Legislature with the county's or municipality's original estimate of expenses. By June15 preceding the state's fiscal year, the county and the state court administrator shall negotiate acontract to cover expenses in accordance with the appropriation approved by the Legislature. The contracts may not include payments for expenses of service of process, indigent defensecosts, or other costs or expenses provided by law as an obligation of the county or municipality.
Renumbered and Amended by Chapter 3, 2008 General Session