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Rule3-413. Judicial library resources.

Intent:

To establishminimum standards for legal reference materials to be provided to judicial andquasi-judicial officers and court employees.

To establish acquisition, distribution andbudgetary responsibilities for the legal reference materials identified in thisrule for the state law librarian.

To realize financial advantages through theuse of high volume purchases of regularly used legal reference materials.

Applicability:

This rule shall apply to the state lawlibrary, all judges and commissioners of courts of record and not of record andall court employees.

Statement of the Rule:

(1) Responsibility for providing judiciallibrary resources.

(1)(A) Authorized publications. Thefollowing officials are authorized to receive the publicationsindicated:

(1)(A)(i) acurrent set of the softbound Utah Code Unannotatedfor each justice, judge, and commissioner of the courts of record for use inthe justice?s, judge?s, or commissioner?s principal courtroom or hearing roomand additional sets as needed for actively-used courtrooms and hearing rooms,the administrative office library, the Supreme Court and Court of Appealschambers libraries, senior judges on active status, staff of the administrativeoffice and other senior managers as determined by the state courtadministrator, and central staff attorneys;

(1)(A)(ii) one set of Utah Code Annotated1953 with annual supplements, indexes, rules, and replacement volumes tojustices, judges, and commissioners of the courts of record, staff of theadministrative office and other senior managers as determined by the statecourt administrator, central staff attorneys, appellate court law clerks at aratio of one set for two clerks, the administrative office library, and theSupreme Court and Court of Appeals chambers libraries;

(1)(A)(iii) one copy of the Utah Court RulesAnnotated for senior judges on active status, staff of the administrativeoffice and other senior managers as determined by the state courtadministrator, the administrative office library, and the Supreme Court andCourt of Appeals chambers libraries; and

(1)(A)(iv) one setof the Utah Reporter to justices, judges, and central staff attorneys of theSupreme Court and Court of Appeals and a sufficient number for the researchneeds of the trial courts of record.

(1)(B) The office of legislative printing.The current policy of the Office of Legislative Printing is to provide the setof Utah Code Annotated 1953 with annual supplements, indexes, rules, andreplacement volumes to all justices and judges of courts of record referred toin paragraph (1)(A)(iv) of this rule. The state law librarian shall coordinatethe distribution of these materials with the judges and the Office ofLegislative Printing.

(1)(C) Publisher's complimentary copies. Thecurrent policy of the publisher of the Pacific Reporter is to providecomplimentary volumes to appellate judges as of the date of the judge'sappointment to the appellate court. The state law librarian shall coordinatethe distribution of these materials with the judges and the publisher.

(1)(D) State law library. Except for copiesfurnished as indicated in paragraphs (1)(B) and (C) of this rule and thepurchasing authority described in paragraphs (1)(E), (F), and (G), the statelaw librarian shall purchase the publications authorized by this rule anddistribute them in accordance with this rule.

(1)(E) Counties. Each county shall provide acurrent copy of either the Utah Code Annotated with annual updates or thesoftbound Utah Code Unannotated to each countyjustice court judge serving within that county. Each county operating a courtof record under contract with the administrative office of the courts shallprovide the judge with access to the local law library pursuant to Section78A-5-111.

(1)(F) Municipalities. Each municipalityshall provide a current copy of either the Utah Code Annotated with annualupdates or the softbound Utah Code Unannotated toeach municipal justice court judge serving within that municipality. Eachmunicipality operating a court of record under contract with the administrativeoffice of the courts shall provide the judge with access to the local lawlibrary pursuant to Section 78A-5-111.

(1)(G) Counties and municipalitiescontracting with justice court judges. Each county andmunicipality which contracts with a justice court judge pursuant to Utah CodeAnn. Section 78A-7-202 shall provide, at the location used by the judge withinthe county or municipality, either the Utah Code Annotated with annual updatesor the softbound Utah Code Unannotated.

(1)(H) Administrative office of the courts.The administrative office of the courts shall provide a Justice Court Manual,updated biannually, to each judge of a court not of record.

(2) Law libraries.

(2)(A) The State Law Library shall besupervised and administered by the state law librarian under the generalsupervision of the Appellate Court Administrator.

(2)(B) The Appellate Courts' ChambersLibrary shall be maintained by the State Law Library, and the Appellate Courtsshall pay for the materials in that collection.

(2)(C) The Council may authorize theestablishment of chambers law libraries for trial courts of record, provideupdate services consistent with funding limitations and adopt minimum standardsfor those libraries.

(2)(D) For purposes of this rule,"chambers libraries" means those law libraries which are establishedand maintained for the exclusive use of judicial officers and employees and arenot available for use by members of the public.

(3) Procedures.

(3)(A) The state law librarian shallseparately account for the operating budget for the state law library, trialcourt operations, appellate court operations, and administrative operations.Funds appropriated or allocated to the appellate court, trial court, oradministrative operations shall not be used to supplement the appropriation tothe state law library.

(3)(B) The purchase of publications to fullyimplement the provisions of this rule shall be limited by the availability offunds.

(3)(C) Any publication purchased with publicfunds shall be the property of the court and not the property of any official.Publications provided to an official without charge to the state shall be thepersonal property of the official.

(3)(D) Upon request of a justice, judge,commissioner or court employee, the state law librarian shall make availablelegal reference publications or photocopies or facsimile copies thereof for theuse of the requesting party. The state law librarian shall develop proceduresfor the control of publications removed from the library.

(3)(E) The state court administrator shallnotify the state law librarian whenever there is a change to the list of seniorjudges on active status. The court executive shall notify the state lawlibrarian whenever there is a change in the personnel authorized by this ruleto receive publications.

(4) Electronic data base legal research. Thestate court administrator shall, as funds permit, develop access to legalreference materials stored on electronic data bases. As such access isdeveloped subscriptions to duplicative hard copy publications shall be discontinued.