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By Myrna Trauntvein
TN Correspondent

In a letter written to the council, the requirements needing to be met by the city in order to re-certify the city justice court were outlined.

“As part of the process of re-certifying Nephi’s Justice Court, I am required to provide you with a letter outlining the requirements for the city to retain its justice court,” said Kasey Wright, Nephi City attorney.

“The following outlines the requirements that must be satisfied to have a justice court and my opinion as to the feasibility of maintaining the court: 1. All official court business shall be conducted in a courtroom or an office located in a public facility which is conducive and appropriate to the administration of justice,” said Wright. “2. The court shall be opened and judicial business shall be transacted every day as provided by law, although the judge is not required to be present during all hours that the court is open.”

Specifically, the justice court is to be opened for at least one hour each day that the court is required to be open as provided by law.

He said that the trial calendar must be set at least monthly and the hours that the court will be open are to be posted conspicuously at the court and in local public buildings.

The judge and the clerk of the court must attend the court at regularly scheduled times.

Wright said that Nephi is also to provide and compensate the judge and clerical personnel in a sufficient amount to conduct the business of the court.

“Additionally, the judge shall be compensated at a fixed rate within the statutory range,” said Wright. “Nephi shall assume the expenses of travel, meals, and lodging for the judge of that court to attend required judicial education and training.”

Nephi is required to assume the cost of travel and training expenses of clerical personnel at training sessions conducted by the Judicial Council.

“Nephi shall provide a sufficient public prosecutor to attend the court and perform the duties of prosecution,” said Wright. “Nephi shall provide adequate funding for attorneys where persons are indigent as provided by law.”

Nephi is also required to provide sufficient local law enforcement officers to attend court when required and provide security for the court

Witnesses and jury fees, as required by law, will be paid by Nephi.

Any fine, surcharge, or assessment received by the Nephi Justice Court which is payable to the State will be forwarded to the State as required by law.

“Court shall be held within the jurisdiction of the court, except as provided by law,” said Wright.

Nephi is also to provide and keep current for the court a copy of the Utah Code, the Justice Court Manual, state laws affecting local governments, Utah Court Rules Annotated, local ordinances and other necessary legal reference material, he said.

All required reports and audits are to be filed as required by law or by rule of the Judicial Council and a record of all court proceedings are to be maintained by an appropriate audio recording system.

The recording system will maintain the verbatim record of all court proceedings and must, at a minimum: be a stand-alone unit that records and audibly plays back the recording; index, back-up and archive the recording and enable the record to be retrieved; and have at least two recording channels.

Nephi must provide the justice courtroom with the following furnishings: a desk and chair for the judge (on a six inch riser), a desk and chair for the court clerk, chairs for witnesses, separate tables and appropriate chairs for plaintiffs and defendants, a Utah State flag, a United States flag, a separate area and chairs for at least four jurors, a separate area with appropriate seating for the public, an appropriate room for jury deliberations, and an appropriate area or room for victims and witnesses which is separate from the public.

Nephi is to provide the justice courtroom with a judicial robe, a gavel, current bail schedules, a copy of the Code of Judicial Administration, and necessary forms and supplies.

“Nephi shall provide the justice court with appropriate office space for the judge and clerk. (Under certain circumstances this space may be shared, but if shared, the judge and clerk must have priority to use the space whenever needed.),” said Wright.

The office space will include a desk for the judge and a desk for the clerk, secure filing cabinets for the judge and the clerk, a telephone for the judge and a telephone for the clerk, appropriate office supplies to conduct court business, a cash register or secured cash box, a typewriter or word processor and access to a copy machine.

A clerk must be present during the time the court is open each day and during court sessions, as required by the judge and a current court security plan must be submitted consistent with CJ.A. Rule 3-414. 22.

Nephi also needs to provide the justice court with at least one computer with access to the internet, and appropriate software and security/encryption technology to allow for electronic reporting and access to Driver License Division and the Bureau of Criminal Identification, as defined by the reporting and retrieval standards promulgated by the Department of Public Safety.

“In addition, all justice courts must use the CORIS case management system,” he said. “Each court shall report required case disposition information to DLD, BCI and the Administrative Office of the Courts electronically.”

“After reviewing the applicable portions of Utah Code Annotated, regarding maintaining a justice court, my opinion is that it is feasible for Nephi to operate a justice court consistent with state law,” said Wright.

Following the presentation by Wright, the city council passed a resolution re-certifying the justice court.

Wright said the provisions of Utah Code Ann. §78A-7-103 require that justice courts be re-certified at the end of each four-year term; and that the term of the Nephi City Justice Court would expire on the 31st day of December, 2019.

The resolution states, in part, that Nephi City desires to re-certify the justice court in its jurisdiction; and that the city council has received an opinion from city attorney Kasey L. Wright, which sets forth the requirements for the operation of justice court and the feasibility of continuing to maintain the same; and the city council has determined that it is in the best interest of Nephi City to establish and operate a justice court.

“Now therefore, be it resolved that: Nephi City requests that the Nephi City justice court be re-certified by the Justice Courts Standards Committee and the Utah Judicial Council and that Nephi City is willing and capable of meeting the requirements for the operation of a justice court for the next four-year term of court, except as to any requirements waived by the Utah Judicial Council,” read the resolution..

This resolution became effective upon its passage.