Chapter 2.70
CITY COURT
Sections:
2.70.010 Appointment and term.
2.70.050 Disqualification or absence.
2.70.080 Attendance at institute.
Prior legislation: Rev. Ord. 1945 §§ 126 – 131.
2.70.010 Appointment and term.
Pursuant to Section 10-3-923(1), Utah Code Annotated 1953, the mayor, by and with the consent of the city council, shall appoint a justice of the peace for the city. In accordance with paragraph (5) of said Section 10-3-923, the responsibility for services as justice of the peace for the city is hereby delegated to the county justice of the peace to be exercised in accordance with the terms of the contract by and between Helper City and Carbon County relating to the sharing of services of the justice.
The term of the contract shall run concurrent with the term of the county justice of the peace and shall be automatically extended for successive terms of the county justice of the peace until a separate city justice of the peace shall be appointed in accordance with state law. (Section 10-3-923, Utah Code Annotated 1953) [Code 1988 § 2-6-1].
2.70.020 Powers and duties.
The justice of the peace shall hold a city court for the city and shall have and exercise all powers and perform all duties which are granted to justices of the peace by the laws of the state of Utah and ordinances of this city. (Section 78-5-1 et seq., Utah Code Annotated 1953) [Code 1988 § 2-6-2].
2.70.030 Jurisdiction.
The justice of the peace shall have exclusive original jurisdiction of cases arising under or by reason of the violation of any provision of this code or any other ordinance of the city, and shall have the same powers and jurisdiction as justices of the
peace in all other actions, civil and criminal. (Section 78-5-5, Utah Code Annotated 1953) [Code 1988 § 2-6-3].
2.70.040 Records and reports.
The justice of the peace shall keep a book denominated as a docket in which he must enter a record of all proceedings in his court. He shall report to the city council, at such times as the council shall direct, the number of cases brought before him on behalf of the city, together with the amount of fines levied, the amount collected, and such other pertinent facts as may be required by the council. He shall, on or before the last day of each month, pay to the city treasurer all monies received by him for fines, or otherwise, belonging to the city, taking therefor the treasurer’s receipts, which he shall file with the city recorder. (Sections 78-5-6 and 78-5-15, Utah Code Annotated 1953) [Code 1988 § 2-6-5].
2.70.050 Disqualification or absence.
In case the justice of the peace, for any reason, shall be unable or disqualified to perform the duties of his office, or shall be absent, the mayor shall appoint some other justice of the peace pro tempore, and he shall have the powers and shall discharge the duties of the city justice and in the same manner and to the same extent as the city justice might have done, but during the existence of such disability or absence only. (Section 10-3-923 § 2, Utah Code Annotated 1953) [Code 1988 § 2-6-6].
2.70.060 Court location.
The justice of the peace shall hold court within the limits of the city at such place as shall be designated by the city council. (Section 78-5-1, Utah Code Annotated 1953) [Code 1988 § 2-6-7].
2.70.070 Laws and ordinances.
The city council shall provide and keep current for the justice of the peace copies of the motor vehicle laws of Utah, handbook for justices of the peace as approved by the Utah Supreme Court, all state laws affecting municipalities, and this city code. (Section 78-5-1 § 2, Utah Code Annotated 1953) [Code 1988 § 2-6-8].
2.70.080 Attendance at institute.
The justice of the peace shall attend one of the annual institutes supervised by the Utah Supreme Court. Upon failure to attend at least one institute during the year, the justice of the peace shall vacate his office unless he has obtained a written excuse for good cause from the appropriate state official. (Section 78-5-27, Utah Code Annotated 1953) [Code 1988 § 2-6-9].