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Rule 3-413.  Judicial LibraryResources.

Intent:

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

To establishacquisition, distribution and budgetary responsibilities for the legalreference materials identified in this rule for the state law librarian.

To realizefinancial advantages through the use of high volume purchases of regularly usedlegal reference materials

Applicability:

This ruleshall apply to the state law library, all judges and commissioners of courts ofrecord and not of record, and all court employees.

Statement of the Rule:

(1)       State law library.

(1)(A)       The state law library shall be supervised andadministered by the state law librarian under the general supervision of theAppellate Court Administrator.

(1)(B)       The state law librarian shall facilitate thepurchase of the electronic research resources and print publications authorizedby this rule and arrange to have them distributed in accordance with this rule.

(2)       Responsibility for providing judiciallibrary resources.

(2)(A)       Electronic research resources.

(2)(A)(i)       The state court administrator shallprovide access to approved electronic research resources, including commerciallegal databases.

(2)(A)(ii)       Alljudges of courts of record, judges of courts not of record, court commissioners,and staff attorneys shall have access to these electronic research resources.  Other employees may receive access to these resourcesbased upon a demonstrated need and supervisor authorization.

(2)(B)       Print publications. The followingofficials or locations are authorized to receive print publications, whichshall be provided by the state court administrator, unless specifically notedbelow, as follows:

(2)(B)(i)       Judges of courts of record:

(2)(B)(i)(a)          one set of the Utah Code Annotated, one set ofthe Utah Code Unannotated, and one set of the Utah Court Rules Annotated; or

(2)(B)(i)(b)          two sets of the Utah Code Unannotated and one setof the Utah Court Rules Annotated.

(2)(B)(ii)       Courtcommissioners: two sets of the Utah CodeUnannotated and one set of Utah Court Rules Annotated.

(2)(B)(iii)      Activesenior judges: one set of the Utah Code Unannotated, paid for by theAdministrative Office of the Courts.

(2)(B)(iv)      Staffattorneys: one set of the Utah Code Unannotated and one set of Utah CourtRules Annotated.

(2)(B)(v)       Courtswithout a permanently-sitting judge: two sets of the Utah Code Unannotatedand one set of Utah Court Rules Annotated.

(2)(C)       Publisher's complimentary copies. The publisherof the Pacific Reporter currently provides complimentary volumes to appellatejudges as of the date of the judge's appointment to the appellate court. Thestate law librarian shall coordinate the distribution of these materials withthe judges and the publisher.

(2)(D)       Counties. Each county shall provide acurrent copy of either the Utah Code Annotated with annual updates or thesoftbound Utah Code Unannotated to each county justice court judge servingwithin that county. Each county operating a court of record under contract withthe administrative office of the courts shall provide the judge with access tothe local law library pursuant to Section 78A-5-111.

(2)(E)       Municipalities. Each municipality shallprovide a current copy of either the Utah Code Annotated with annual updates orthe softbound Utah Code Unannotated to each municipal justice court judgeserving within that municipality. Each municipality operating a court of recordunder contract with the administrative office of the courts shall provide thejudge with access to the local law library pursuant to Section 78A-5-111.

(2)(F)       Administrative office of the courts. Theadministrative office of the courts shall provide a Justice Court Manual,updated biannually, to each judge of a court not of record.

(3)       Budget Procedures.

(3)(A)       The state law librarian shall separately accountfor:

(3)(A)(i)       the operating budget for the state law library;

(3)(A)(ii)       thecosts associated with access to electronic research resources in subsection (2)(A);and

(3)(A)(iii)      thecosts associated with the purchase of print publications in subsection (2)(B).  

(3)(B)       Funds appropriated or allocated for purchasing inaccordance with subsections (2)(A) and (2)(B) shall not be used to supplementthe appropriation to the state law library.

(3)(C)       The purchase of electronic research resourcesand print publications to fully implement the provisions of this rule shall belimited by the availability of funds.

(3)(D)       Any publication purchased with public fundsshall be the property of the court and not the property of any official.  Publications provided to an official withoutcharge to the state shall be the personal property of the official.

Effective May 1, 2019