§ 78A-7-206 — Determination of compensation for justice court judge -- Limits on secondary employment -- Prohibition on holding political or elected office -- Penalties.

(1) Every justice court judge shall be paid a fixed compensation determined by the governing body of the respective municipality or county.

(1)(a) The governing body of the municipality or county may not set a full-time justice court judge's salary at less than 70% nor more than 90% of a district court judge's salary.
(1)(b) The governing body of the municipality or county shall set a part-time justice court judge's salary as follows:
(1)(b)(i) The governing body shall first determine the full-time salary range outlined in Subsection (1)(a).
(1)(b)(ii) The caseload of a part-time judge shall be determined by the office of the state court administrator and expressed as a percentage of the caseload of a full-time judge.
(1)(b)(iii) The judge's salary shall then be determined by applying the percentage determined in Subsection (1)(b)(ii) against the salary range determined in Subsection (1)(a).
(1)(c) A justice court judge shall receive an annual salary adjustment at least equal to the average salary adjustment for all county or municipal employees for the jurisdiction served by the judge.
(1)(d) Notwithstanding Subsection (1)(c), a justice court judge may not receive a salary greater than 90% of the salary of a district court judge.
(1)(e) 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.
(1)(f) A salary described in this Subsection (1) does not include additional compensation provided for a presiding judge or associate presiding judge of a justice court under Section 78A-7-209.5.
(2) A justice court judge may not appear as an attorney in any:

(2)(a) justice court;
(2)(b) criminal matter in any federal, state, or local court; or
(2)(c) juvenile court case involving conduct which would be criminal if committed by an adult.
(3) 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.
(4) 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.
(5) A justice court judge may not own or be employed by any business entity which regularly litigates in small claims court.
(6) The Judicial Council shall file a formal complaint with the Judicial Conduct Commission for each violation of this section.

Legislative History

Amended by Chapter 475, 2023 General Session