SB 270

Enrolled Copy  S.B. 270
1State Court Amendments
                                        2026 GENERAL SESSION
                                              STATE OF UTAH
                                   Chief Sponsor: Kirk A. Cullimore
                                   House Sponsor: Jordan D. Teuscher
2
3  LONG TITLE
4  General Description:
5This bill amends statutory provisions related to state courts.
6  Highlighted Provisions:
7This bill:
8▸ allows the Judicial Council to establish a division in the district court;
9▸ addresses resources for a division established by the Judicial Council;
10▸ addresses the transfer of certain actions to a division of the district court;
11▸ modifies the number of applicants certified by the Appellate Court Nominating
12  Commission to the governor when there is more than one vacancy for an appellate court;
13  and
14▸ makes technical and conforming changes.
15  Money Appropriated in this Bill:
16None
17  Other Special Clauses:
18This bill provides a special effective date.
19  Utah Code Sections Affected:
20  AMENDS:
2178A-5-103 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2008,
22Chapter 3
2378A-10a-203 (Effective upon governor's approval), as enacted by Laws of Utah 2023,
24Chapter 250 and last amended by Coordination Clause, Laws of Utah 2023, Chapter 250
25
26  Be it enacted by the Legislature of the state of Utah:
27Section 1. Section 78A-5-103 is amended to read:
S.B. 270  Enrolled Copy
2878A-5-103 (Effective 01/01/27). District court case management -- Establishment
29   of a division of the district court.
30   (1) As used in this section, "debt collection or housing action" means a civil action in the
31district court:
32(a) for forcible entry and detainer as described in Title 78B, Chapter 6, Part 8, Forcible
33Entry and Detainer; or
34(b) that is eligible to be filed as a debt collection case on or after January 1, 2027.
35   [(1)] (2) The district court of each district shall develop systems of case management.
36   [(2)] (3) The case management systems developed by a district court shall:
37(a) ensure judicial accountability for the just and timely disposition of cases; and
38(b) provide for each judge a full judicial work load that accommodates differences in the
39subject matter or complexity of cases assigned to different judges.
40   [(3)] (4)(a) [A district court] The Judicial Council may establish divisions within the
41district court for the efficient management of different types of cases[.] , including a
42division to manage any debt collection or housing action.
43(b) Upon establishing a division under Subsection (4)(a), the Judicial Council shall
44allocate sufficient resources from appropriations made by the Legislature for the
45division, including the appointment or hiring of commissioners or judicial assistants
46to staff the division.
47(c) The existence of divisions within the court may not:
48[(a)] (i) affect the jurisdiction of the court nor the validity of court orders; or
49[(b)] (ii) impede public access to the courts.
50   (5)(a) Notwithstanding the venue requirements in Title 78B, Chapter 3a, Venue for Civil
51Actions, for a debt collection or housing action, the district court shall transfer any
52debt collection or housing action to the division established under Subsection (4) for
53centralized pretrial and post judgment case processing.
54(b) The division may transfer a debt collection or housing action to a venue for which a
55district court determines is proper under Utah Rules of Civil Procedure, Rule 42, if:
56(i) the debt collection or housing action is set for trial; or
57(ii) the debt collection or housing action requires an evidentiary hearing that is not an
58evidentiary hearing under Title 78B, Chapter 6, Part 8, Forcible Entry and
59Detainer.
60Section 2. Section 78A-10a-203 is amended to read:
6178A-10a-203 (Effective upon governor's approval). Procedures for judicial
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Enrolled Copy  S.B. 270
62  nomination commission -- Meetings -- Certification -- Governor appointment.
63  (1)(a) A commission may:
64(i) meet as necessary to perform the commission's function; and
65(ii) investigate the applicants of a judicial vacancy, including seeking input from
66members and employees of the judiciary and the community.
67      (b) A commission may consult with the Judicial Council regarding the applicants for a
68judicial vacancy.
69      (c) A commission is exempt from the requirements of Title 52, Chapter 4, Open and
70Public Meetings Act.
71  (2) In determining which of the applicants are the most qualified, a commission shall
72      determine by a majority vote of the commissioners present which of the applicants best
73      possess the ability, temperament, training, and experience that qualifies an applicant for
74      the office.
75  (3)(a) Except as provided under [Subsection (3)(b)] Subsections (3)(b) and (c):
76(i) the [appellate court nominating commission] Appellate Court Nominating
77Commission shall certify to the governor a list of the seven most qualified
78applicants per judicial vacancy;
79(ii) a district and juvenile court nominating commission shall certify to the governor a
80list of the five most qualified applicants per judicial vacancy; and
81(iii) the [business and chancery court nominating commission] Business and Chancery
82Court Nominating Commission shall certify to the governor a list of the seven
83most qualified applicants per judicial vacancy.
84      (b) If a commission is considering applicants for more than one judicial vacancy existing
85at the same time and for the same court, the commission shall include one additional
86applicant for each additional judicial vacancy in the court in the list of applicants the
87commission certifies to the governor.
88      (c) Notwithstanding Subsection (3)(b), if the Appellate Court Nominating Commission
89is considering applicants for more than one judicial vacancy existing at the same time
90and for the same appellate court, the Appellate Court Nominating Commission shall
91include five additional applicants for each additional judicial vacancy in the appellate
92court in the list that the Appellate Court Nominating Commission certifies to the
93governor.
94  (4) A commission shall certify a list to the governor under Subsection (3) no more than 45
95      days after convening in accordance with Section 78A-10a-202.
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 S.B. 270  Enrolled Copy
96   (5) A commission shall, at the time that the commission certifies a list of the most qualified
97applicants to the governor, submit the same list to the president of the Senate, the Senate
98minority leader, and the Office of Legislative Research and General Counsel.
99   (6) A commission shall ensure that the list of applicants certified to the governor:
100(a) meet the qualifications required by law to fill the office; and
101(b) are willing to serve.
102   (7) In determining which of the applicants are the most qualified, a commission may not
103decline to certify an applicant's name to the governor because:
104(a) the commission declined to submit that applicant's name to the governor to fill a
105previous judicial vacancy;
106(b) a previous commission declined to submit that applicant's name to the governor; or
107(c) the commission or a previous commission submitted the applicant's name to the
108governor and the governor selected another individual to fill the judicial vacancy.
109   (8) A commission may not certify:
110(a) an applicant who is a justice or judge that was not retained by the voters for the
111office for which the justice or judge was defeated until after the expiration of that
112justice's or judge's term of office; and
113(b) an applicant who has served on a commission within six months after the day on
114which the commission was last convened.
115   (9) The governor shall fill a judicial vacancy within 30 days after the day on which the
116governor received the list of nominees from the commission.
117   (10) If the governor fails to fill a judicial vacancy within 30 days after the day on which the
118governor received the list of nominees from the commission, the chief justice of the
119Supreme Court shall, within 20 days, appoint an applicant from the list of nominees
120certified to the governor by the commission.
121Section 3. Effective Date.
122   (1) Except as provided in Subsection (2), this bill takes effect:
123(a) except as provided in Subsection (1)(b), May 6, 2026; or
124(b) if approved by two-thirds of all members elected to each house:
125(i) upon approval by the governor;
126(ii) without the governor's signature, the day following the constitutional time limit of
127Utah Constitution, Article VII, Section 8; or
128(iii) in the case of a veto, the date of veto override.
129   (2) The actions affecting Section 78A-5-103 (Effective 01/01/27) take effect on January 1,
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130      2027.
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