78A-7-206 - Determination of compensation and limits -- Salary survey -- Limits on secondary employment.
78A-7-206. Determination of compensation and limits -- Salary survey -- Limits onsecondary employment.
(1) Every justice court judge shall be paid a fixed compensation determined by thegoverning body of the respective municipality or county.
(a) The governing body of the municipality or county may not set a full-time justice courtjudge's salary at less than 50% nor more than 90% of a district court judge's salary.
(b) The governing body of the municipality or county shall set a part-time justice courtjudge's salary as follows:
(i) The governing body shall first determine the full-time salary range outlined inSubsection (1)(a).
(ii) The caseload of a part-time judge shall be determined by the office of the state courtadministrator and expressed as a percentage of the caseload of a full-time judge.
(iii) The judge's salary shall then be determined by applying the percentage determined inSubsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).
(c) A justice court judge shall receive an annual salary adjustment at least equal to theaverage salary adjustment for all county or municipal employees for the jurisdiction served by thejudge.
(d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salarygreater than 90% of the salary of a district court judge.
(e) A justice court judge employed by more than one entity as a justice court judge, maynot receive a total salary for service as a justice court judge greater than the salary of a districtcourt judge.
(2) A justice court judge may not appear as an attorney in any criminal matter in afederal, state, or justice court or appear as an attorney in any justice court or in any juvenile courtcase involving conduct which would be criminal if committed by an adult.
(3) A justice court judge may not hold any office or employment including contractingfor services in any justice agency of state government or any political subdivision of the stateincluding law enforcement, prosecution, criminal defense, corrections, or court employment.
(4) A justice court judge may not hold any office in any political party or organizationengaged in any political activity or serve as an elected official in state government or anypolitical subdivision of the state.
(5) A justice court judge may not own or be employed by any business entity whichregularly litigates in small claims court.
(6) Any judge who violates this section is subject to removal by the Judicial ConductCommission under Title 78A, Chapter 11, Judicial Conduct Commission.
Renumbered and Amended by Chapter 3, 2008 General Session
Amended by Chapter 93, 2008 General Session