2006 Utah Code - 78-5-128 — Determination of compensation and limits -- Salary survey -- Limits on secondary employment.

     78-5-128.   Determination of compensation and limits -- Salary survey -- Limits on secondary employment.
     (1) (a) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respective municipality or county taking into consideration recommendations of the office of the state court administrator as provided in Subsection (2).
     (i) A justice court judge employed by one entity may not receive a salary greater than 85% of the salary of a district court judge.
     (ii) A justice court judge employed by more than one entity as a justice court judge, may not receive a total salary for service as a justice court judge greater than the salary of a district court judge.
     (b) The compensation shall be comprised of a monthly salary and shall be computed upon the number of hours, days, or other periods of time that the justice court judge is to be available to perform all judicial functions.
     (2) (a) The state court administrator with the approval of the Judicial Council shall survey areas of the state relating to the functions and activities of the justice courts, taking into consideration the diverse economic factors of the various localities of the justice courts, and develop recommended monthly salaries. These recommendations shall be furnished to the governing bodies of the municipalities and the counties to assist them in determining salaries.
     (b) The state court administrator may make studies concerned with the economic as well as administrative feasibility to encourage the various political subdivisions to utilize the same person or persons to act as justice court judges for their several jurisdictions and to assist political subdivisions desiring to enter into agreements for that purpose.
     (3) A justice court judge may not appear as an attorney in any criminal matter in a federal, state, or justice court or appear as an attorney in any justice court or in any juvenile court case involving conduct which would be criminal if committed by an adult.
     (4) A justice court judge may not hold any office or employment including contracting for services in any justice agency of state government or any political subdivision of the state including law enforcement, prosecution, criminal defense, corrections, or court employment.
     (5) A justice court judge may not hold any office in any political party or organization engaged in any political activity or serve as an elected official in state government or any political subdivision of the state.
     (6) A justice court judge may not own or be employed by any business entity which regularly litigates in small claims court.
     (7) Any judge who violates this section is subject to removal by the Judicial Conduct Commission under Title 78, Chapter 8, Judicial Conduct Commission and Supreme Court Oversight of Judges.

Amended by Chapter 71, 2001 General Session