78A-7-123 - Dissolution of justice courts.
78A-7-123. Dissolution of justice courts.
(1) (a) The county or municipality shall obtain legislative approval to dissolve a justicecourt if the caseload from that court would fall to the district court upon dissolution.
(b) To obtain approval of the Legislature, the governing authority of the municipality orcounty shall petition the Legislature to adopt a joint resolution to approve the dissolution.
(c) The municipality or county shall provide notice to the Judicial Council.
(d) Notice of intent to dissolve a Class I or Class II justice court to the Judicial Councilshall be given not later than July 1 two years prior to the general session in which the county ormunicipality intends to seek legislative approval.
(e) Notice of intent to dissolve a Class III or Class IV justice court to the Judicial Councilshall be given not later than July 1 immediately prior to the general session in which the countyor municipality intends to seek legislative approval.
(2) (a) A county or municipality shall give notice of intent to dissolve a justice court tothe Judicial Council if the caseload of that court would fall to the county justice court. Amunicipality shall also give notice to the county of its intent to dissolve a justice court.
(b) Notice of intent to dissolve a Class I or Class II court shall be given by July 1 at leasttwo years prior to the effective date of the dissolution.
(c) Notice of intent to dissolve a Class III or Class IV court shall be given by July 1 atleast one year prior to the effective date of the dissolution.
(3) Upon request from a municipality or county seeking to dissolve a justice court, theJudicial Council may shorten the time required between the city's or county's notice of intent todissolve a justice court and the effective date of the dissolution.
Renumbered and Amended by Chapter 3, 2008 General Session