JUSTICE COURT APPEALS TO THE UTAH SUPREME COURT–HOW DID THAT HAPPEN?

CALL/TXT UTAH JUSTICE COURT ATTORNEYJAKE GUNTER (801) 373-6345

APPEALS FROM UTAH JUSTICE COURTS TO THE UTAH SUPREME COURT—THE PROCESS.

Utah Justice Courts can be wild sometimes, especially with non-law trained judges. A Utah Justice Court is the most likely court a Utahn can find themselves in. Utah Justice Courts combined processed 410,158 in FY2023. Utah District Courts processed 248,229 in FY2023. See utcourts.gov.

Justice Courts Trial De Novo Appeals.

Once you plead guilty or are found guilty by a jury or judge and sentenced you have a right to a De Novo appeal. A De Novo appeal from the justice court means “DO OVER.” Or do it all over again up top in a Utah District Court. Trials De Novo are a complete appeal of the entire case. See Utah Rules of Criminal Procedure 38(f) and Utah Code 78A-7-118. Hearing De Novo are appeals, but only of limited issues, not the entire case like Trial De Novo.

Reckless Driving and DUI Trial De Novos are slightly different. See HERE for how to appeal.

Justice Court Hearings De Novo Appeals. Limited Justice Court Appeals.

Hearings De Novo are not a complete appeal of the entire case from the justice court to the district court. Hearings De Novo only apply to the following types of matters decided by the justice court.

Defendant’s Hearing De Novo Right. A defendant convicted and sentenced in the justice court is entitled to a hearing de novo in the district court regarding:

1. an order revoking probation;
2. a sentence after a determination that a defendant failed to fulfill the terms of a plea in abeyance agreement;
3. an order denying a motion to withdraw a plea if the plea is being held in abeyance and the motion to withdraw the plea is filed within 28 days after the day on which the plea is entered;
4. an order for restitution; or
5. an order denying expungement.
6. a defendant who has entered into a plea in abeyance in the justice court is entitled to a hearing de novo in the district court on the determination by the justice court as to the amount of restitution owed by the defendant as a part of the plea in abeyance agreement.

Prosecutor’s Hearing De Novo Right. A prosecutor is entitled to a hearing de novo in the district court regarding:

1. a final judgment of dismissal;
2. an order arresting judgment;
3. an order terminating the prosecution because of a finding of double jeopardy or denial of a speedy trial;
4. a judgment holding invalid any part of a statute or ordinance;
5. a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence prevents continued prosecution of an infraction or class C misdemeanor;
6. a pretrial order excluding evidence when the prosecutor certifies that exclusion of that evidence impairs continued prosecution of a class B misdemeanor;
7. an order granting a motion to withdraw a plea of guilty or no contest; or
8. an order granting an expungement if the expungement was opposed by the prosecution or a victim before the order was entered.

Victim’s Hearing De Novo Right. A victim (or prosecutor) is entitled to a restitution hearing de novo in the district court regarding restitution if:

1. the justice court failed to order the defendant to pay restitution to the victim; or ordered the defendant to pay restitution in an amount less than requested. See Utah Rules of Criminal Procedure 38(g) and Utah Code 78A-7-118.

APPEALS ORIGINATING FROM JUSTICE COURTS TO THE UTAH COURT OF APPEALS OR SUPREME COURT.

Constitutional or Statutory Interpretation. The Utah Court of Appeals will review cases originating in justice court, which permits appellate review of a district court decision only if the district court rules on the constitutionality of a statute or ordinance. See Utah Code 78A-7-118(11).

Appeals from the Utah Court of Appeals to the Utah Supreme Court. You can appeal a decision of the Utah Court of Appeals determining your justice court originated appeal through a petition for certiorari.

To say the least, not many justice court originated cases make it to the Utah Supreme Court and are heard and decided.

Preservation of Constitutional, Statutory or Ordinance Issue for Appellate Review.

If you are going to appeal from the Justice Court until you get the relief you must preserve any constitutional, ordinance or statutory interpretation issue clearly in the District Court De Novo appeal.

In 2024 Ut 3 Park City Municipal Corporation v. Robert Evan Woodham the Utah Supreme Court affirmed that you can appeal a justice court case to the Utah Supreme Court if you properly preserve a constitutional, ordinance or statutory challenge.

In Woodham the Utah Supreme Court found that merely mentioning constitutional words in your defense like “by invoking the due process clause limitation on all statutes” was insufficient to properly preserve a constitutional challenge. “Mere mention of a constitutional right, phrase, or principle does not raise a constitutional claim” or preserve it for appellate review.

CALL UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER WITH YOUR JUSTICE COURT APPEAL OR CASE. LET HIS 20 YEARS EXPERIENCE WORK FOR YOU.