Utah Courts
UCJA Rule 4-410 (Code of Judicial Administration)
UCJA Rule 4-410 (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 4-410. Courthouse closure.
Intent:
To establish protocols surrounding the closure of a court’s physical building or operations in the event that extreme weather, cybersecurity, or other emergency situation prevents the safe arrival to, or the ability to safely conduct business in, the courthouse, or the operational integrity of court systems.
Applicability:
This rule applies to courts of record and not of record.
Statement of the Rule:
(1) Definitions.
(1)(A) Courts of record.
(1)(A)(i) “Presiding Judge” refers to the judge who presides over the district or court level.
(1)(A)(ii) “Court Executive” means the same as that term is defined in Rule 1-101.
(1)(B) Courts not of record.
(1)(B)(i) “Presiding Judge” refers to the local justice court presiding judge, not the district level justice court presiding judge.
(1)(B)(ii) “Court Executive” refers to the local justice court administrator.
(2) Core mission.In the event the Presiding Judge determines that a courthouse is not safe or is not capable of supporting the core mission of the court due to extreme weather conditions or other emergency situation, the Presiding Judge has the discretion to determine, in consultation with the Court executive, court security, and authority responsible for the court’s operation and maintenance, how to continue supporting the core mission of the court.
(3) Closure order.The Presiding Judge(s) may order:
(3)(A) the time-limited partial closure of the courthouse or court operations;
(3)(B) the time-limited complete closure of the courthouse or court operations; or
(3)(C) the indefinite complete closure of the courthouse or court operations.
(4) Alternate location.If the Presiding Judge orders a complete or partial building or operational closure that in any way affects the public’s ability to conduct court business in that location, the Presiding Judge may order that operations resume in an alternate location.
(5) Public notice.The Presiding Judge must ensure that public notice is posted as soon as reasonably possible in at least two conspicuous places informing the public of:
(5)(A) the building’s physical or operational closure;
(5)(B) the anticipated length of time the building will be closed or operations may be suspended; and
(5)(C) the procedures for conducting court business, including where cases will be heard and how to file court documents.
(6) Communication.
(6)(A) Courts of record. The Presiding Judge will, as soon as possible, inform the State Court Administrator, the Presiding Officer, the Court Communications Director, the Court Security Director, the Court Facilities Director, the Chief Information Officer, the Sheriff whose jurisdiction covers the affected courthouse, and other organizations or lessees occupying the building, of the Presiding Judge’s decision to close the courthouse.
(6)(B) Courts not of record. The Presiding judge will, as soon as possible, inform the State Court Administrator, the Presiding Officer, the Court Executive, the Justice Court Administrator, the Court Communications Director, the Court Security Director, the Chief Information Officer, the law enforcement agency whose jurisdiction covers the affected courthouse, and other building occupants, of the Presiding Judge’s decision to close the courthouse.
(7) Communications Director. The Court Communications Director will immediately inform the media and public of the closure.
(8) Extensions. If the Presiding Judge determines that there is a need to extend a court closure order, the Presiding Judge will so order and the steps in paragraphs (1) through (4) repeat.
(9) Consensus. For all courthouses that house more than one level of court, the Presiding Judges of each court level will confer and come to a consensus regarding action pursuant to paragraph (3) above.
(9)(A) In the event that a closure is ordered by consensus, the Presiding Judges of the closed courthouse will sign the closure order.
(9)(B) In the event there is not a consensus among the Presiding Judges, the Presiding Officer will determine whether to issue and sign the closure order.
(10) Retention.Each Presiding Judge and the Administrative Office will retain a copy of the order.
(11) Availability.
(11)(A) Courts of record. In the event the Presiding Judge is not available during an emergency, the associate presiding judge will make any determinations as provided for in this Rule. In the event the Presiding Judge and the associate presiding judge are not available, the most senior judge available will make any determinations as provided for in this Rule.
(11)(B) Courts not of record. In the event the Presiding Judge is not available during an emergency, a judge of the local court, which may include a designee or senior judge, will make any determinations as provided for in this Rule. In the event the Presiding Judge and a judge of the local court are not available, the district level justice court presiding judge, or associate presiding judge, will make any determinations as provided for in this Rule.
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