Parowan

Chapter 1 -- JUSTICE OF THE PEACE

Section 5-1-1. Justice of the Peace to be Appointed Section 5-1-2. Vacancy or Disqualification Section 5-1-3. Reports Section 5-1-4. Disposition of Funds Section 5-1-5. Salary

5-1-1. Justice of the Peace to be Appointed. The Mayor, with the advice and consent of the City Council, shall appoint a City Justice of the Peace to serve for a term of four years with his term to begin the first Monday in February, 1980. Provided, however, the Justice presently serving in that office shall continue in office until his successor is appointed and qualified. The Justice of the Peace shall be the judge of the City Court and shall have all of the power and authority which is granted to that court by State Law.

5-1-2. Vacancy or Disqualification. If a vacancy shall occur in the office of Justice of the Peace, the Mayor, with the advice and consent of the City Council, shall fill such vacancy by appointment for the unexpired term. In case the Justice of the Peace shall, for any reason, be unable or disqualified to perform the duties of his office, or shall be absent, the Mayor shall appoint some other person as Justice pro tem, and he shall have the powers and duties of the Justice of the Peace during the existence of such disability or absence only, in the same manner and to the same extent as the Justice might have done.

5-1-3. Reports. The Justice of the Peace shall maintain accurate and complete records of all business transacted by him. Such records shall be deposited with the City Recorder on a quarterly basis. The Justice shall also make such other reports as requested by the Mayor.

5-1-4. Disposition of Funds. All funds received by the Justice of the Peace shall be deposited by him in the City treasury within 7 days of receipt of such funds.

5-1-5. Salary. The salary of the City Justice of the Peace shall be established by Resolution of the City Council and paid out of the City Treasury.

Chapter 2 -- JURISDICTION AND PROCEDURE

Section 5-2-1. Jurisdiction Section 5-2-2. Jury Trial Section 5-2-3. Rules of Procedure Section 5-2-4. Process and Warrants Section 5-2-5. Utah Rules of Evidence

5-2-1. Jurisdiction. The Justice of the Peace shall have exclusive original jurisdiction of criminal cases arising from the violation of any City Ordinance. He shall have such other jurisdiction over criminal and civil cases as is permitted by applicable State Law.

5-2-2. Jury Trial. The right of jury trial shall be held inviolate in the City Court. However, in any case in which a party does not, under the Constitution of the United States or the Constitution or laws of the State of Utah, have a right to a jury trial, the case shall be tried by the Justice of the Peace without a jury. In all cases where there is such a right to a jury trial, a jury shall be deemed waived unless it is demanded by a party at least five days prior to trial. Selection and summoning of jurors shall be as provided by State Law for justice courts.

5-2-3. Rules of Procedure. The procedure in the City Court shall be governed by the Utah Rules of Civil Procedure and the Code of Criminal Procedure. The Justice of the Peace may promulgate such additional rules as are necessary and proper for the orderly functioning of the City Court.

5-2-4. Process and Warrants. All warrants or other process issued from the City Court shall be directed to the County Sheriff, any constable of the County, or the Chief of Police.

5-2-5. Utah Rules of Evidence. The Utah Rules of Evidence shall apply in all proceedings in the City Courts. The Justice of the Peace shall take all evidence in accord with those rules.

Chapter 3 -- CONTEMPT

Section 5-3-1. Contempts for Which Justice of Peace May Punish Section 5-3-2. Penalty for Contempt

5-3-1. Contempts for Which Justice of Peace May Punish. The Justice of the Peace may punish for contempt persons guilty of the following acts:

(1) Disorderly, contemptuous, or insolent behavior toward the Justice while holding court, tending to interrupt the due course of a trial of other judicial proceeding.

(2) Breach of the peace, boisterous conduct, or violent disturbance in the presence of the City Court, or it's immediate vicinity, tending to interrupt the due course of a trial or other judicial proceeding.

(3) Disobedience or resistance to the execution of a lawful order or process issued from the City Court.

(4) Disobedience to a subpoena duly served, or refusing to be sworn or answer as a witness.

(5) Rescuing any person or property in the custody of an officer by virtue of an order or process of the City Court.

5-3-2. Penalty for Contempt. Any person guilty of contempt may be punished by a fine in an amount not exceeding $100, or by imprisonment for one day, or by both such fine and imprisonment.

This entire Title 5 - City Court was adopted by the City Council on December 5, 1979. (Refer to Ordinance No. 79-6)