District Court (Second District : Weber County)

Entity: 1687
Entity Type: State Government

Abstract

Divisions of the district court were established in each county at statehood in accordance with the constitutional requirement that all civil and criminal business arising in any county be conducted at least four times a year at the county seat in such county. The second district court, to which Weber County is assigned, was established to provide for the equitable distribution of justice to the people of the district and to help keep domestic peace and designated as a trial court of general jurisdiction.

Biography/History Notes

Divisions of the district court were established in each county at statehood in accordance with the constitutional requirement that all civil and criminal business arising in any county be conducted at least four times a year at the county seat in such county (Article VIII, section 5). The second district court, to which Weber County is assigned, was established to provide for the equitable distribution of justice to the people of the district and to help keep domestic peace (Article VIII, section 21) and designated as a trial court of general jurisdiction.

The Second District Court, to which Weber County is assigned, was established to provide for the equitable distribution of justice to the people of the district and to help keep domestic peace (Article VIII, section 21).?Original jusridiction was "in all matters civil and criminal,not excepted in the Utah Constitution, and not prohibited by law." Restricted to actions involving real property, defendants residing or incidents in Weber County including: domestic relations, probate, adoptions, name changes, naturalization, estate settlement, establishment of mental incompetency for involuntary commitment, civil matters involving large sums of money, criminal trials for felonies, and appeals of the tax division. Issues writs, hears and disposes of election related controversies within the county and performs marriages. Until 1987 appeals went to the Supreme Court, since have gone to assume full responsibilities for district courts electing to participate in the state system. This repealed the designation of the county clerk as ex-officio court clerk.

Initially administrated by the district judges and county clerk. A selected judge presided, the clerk provided the clerical services and the county maintained facilities. Since 1977 a trial court executive has assisted in managing administrative duties. mental health commissioners assist in commitment proceedings. A 1967 movement for centralized administration provided for the Supreme Court to act as court administrator and assignment justice. In 1973 a state-managed system was created that administered district, city, and justice courts. After adding a second judge to the bench in 1981, a presiding judge was selected. In 1988 legislative action provided for the state to assume full responsibilities for district courts electing to participate in the state system. This repealed the designation of the county clerk as ex-officio court clerk.

Weber County originally was in Utah territory's second district (1850-1851), then in the first (1851-1859), third judicial district (1859-1880), first district (1880-1892) and fourth district (1892-1896). Since statehood however, Weber has remained a part of the second district. It supervised inferior courts from 1896 to 1986. In 1991 legislation consolidated second district and second circuit courts, which will be finalized between Jan. 1, 1996 and July 1, 1998.