Utah Courts
UCJA Rule 3-409 (Code of Judicial Administration)
UCJA Rule 3-409 (Code of Judicial Administration)
The Utah Code of Judicial Administration Chapters 11-15 have been moved to the Supreme Court Rules of Professional Practice Chapters 1-5
Rule 3-409. Court facilities planning.
Intent:
To provide for the effective planning of court capital facilities.
To promote the efficient use of new and existing courthouses through application of co-location and multi-use court facility concepts.
To establish a framework for the conceptual, planning, developmental, and implementation phases of court capital facilities.
To provide for Council review and approval of all proposed court capital facilities.
To ensure adherence to the design and space guidelines and other requirements of the Utah Judicial System Capital Facilities Masterplan (“Masterplan”).
Applicability:
This rule applies to all court construction projects for courts of record regardless of funding source.
Statement of the Rule:
(1) Definitions. As used in this rule:
(1)(A) "Construction" means capital development, alterations, renovations, and improvements.
(1)(B) "DFCM" means the Division of Facilities Construction and Management.
(1)(C) "Facilities Director" means the person designated by the state court administrator to manage the court facility department.
(2) Council responsibilities. Only the Council may approve or amend the Masterplan. Only the Council may approve a construction project. The Administrative Office will seek funding consistent with Council priorities.
(3) Facilities Director responsibilities. The Facilities Director will:
(3)(A) review trends and projections in population, caseload, and other growth indicators to anticipate courthouse construction needs;
(3)(B) review the evaluations of courthouses required by this rule and recommend the prioritized placement of courthouse construction projects within the Masterplan;
(3)(C) make recommendations to the Council regarding the reordering of Masterplan priorities and amendments to design and space guidelines;
(3)(D) compare construction requests with the design and space guidelines of the Masterplan to ensure the current and anticipated needs of the court are met; and
(3)(F) make recommendations to the Council for the approval, modification, or disapproval of construction requests.
(4) Masterplan.
(4)(A) There will be a facilities Masterplan which will include design and space guidelines, workload forecasts, and a capital facility priority list. This Code and the Masterplan will control all capital facility projects, including those implemented on behalf of the judiciary by DFCM and local governments. Exceptions to court design and space guidelines require approval of the Council.
(4)(B) The Facilities Director will prepare a periodic report evaluating courthouse compliance with the Masterplan. To prepare the report, the Facilities Director may use contract services. The report should assess each courthouse at least once every five years. The report should include an assessment of compliance with design and space guidelines and placement of the courthouse within the Masterplan. Recommendations concerning any amendment of the Masterplan will be made to the Council at an annual facilities planning update before publishing any changes.
(5) Construction requests. The Court Executive will submit construction project requests to the Facilities Director as part of the annual budget process. The Facilities Director will prepare analyses and recommendations regarding:
(5)(A) comparison of the request with the Masterplan, including compliance with design and space guidelines and priority within the Masterplan;
(5)(B) the cost of the programming, design, and construction phases of the project; and
(5)(C) the fiscal years during which those costs will be expended.
(6) Construction projects. Construction projects approved by the Council and the legislature will be directed by a project design team chaired by the Facilities Director. The team will include the Court Executive, appropriate court staff, the Court Security Director, and a judge from the district, who is appointed by the presiding judge. The project design team will continue to function through completion of the project. The team will develop a general design programming guide and review and approve the following project documents and phases:
(6)(A) pre-design and site selection;
(6)(B) schematics design; and
(6)(C) design/development.
(7) DCFM approval.The Facilities Director will obtain approval from DFCM on all documents and phases for state funded capital development and improvement projects previously approved by the judiciary and the legislature pursuant to this rule.
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