Legislative Bulletin
by Joel Campbell, Legislative Monitor
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Fee waivers for court access

Utah news organizations and journalists will still be able to receive a fee waiver to use the Utah State Court's online court system, called XChange, for up to 10,000 searches per year under a new policy adopted by the Utah Judicial Council.

Earlier this year, court officials notified news organizations which had received fee waivers that the courts would begin to charge for online access to court files on the XChange system. Utah Press Association members, Society of Professional Journalists – Utah Chapter, Utah Foundation for Open Government and the court’s public information officer filed comments opposing the move and the change in policy was reconsidered.

John Hales, managing editor of the Sanpete Messenger, played a key role making comments and following this process.

A news organization can access “up to 10,000 searches per year for a news organization that gathers information for the primary purpose of disseminating news to the public and that requests a record to obtain information for a story or report for publication or broadcast to the general public.”

For journalists and newspapers who want to establish an Xchange account, please contact Courts Public Information Officer at nancyv@email.utcourts.gov or (801) 578-3994.

For more information about the XChange service click here… http://www.utcourts.gov/c_srch/

The following parties can also receive a fee waiver for online access:

-- any government entity of Utah or its political subdivisions;

-- the Utah State Bar;

-- public defenders for searches performed in connection with their duties as public defenders; and

-- any person or organization who the XChange administrator determines offers significant legal services to a substantial portion of the public at no charge.

New amendments to the Open Meetings Act

Government bodies across the state should be receiving their annual mandated training about the Open Meeting Act. Here is new language added to the act during the 2010 legislative session that they should be familiar with:

A closed meeting may only be held for certain specified reasons including, discussion of a person‘s character, competence, or health; strategy for collective bargaining; pending or imminent litigation; an exchange of real property including water rights or shares; security; investigation of criminal conduct; or certain legislative ethics complaint matters. (Section 52-4-205)

A closed meeting is required for the Health and Human Services Interim Committee or the Child Welfare Legislative Oversight Panel to review a fatality review report and for the Child Welfare Legislative Oversight Panel to review and discuss an individual case (Section 52-4-205)

If your local government still hasn't done the training, there is a handout and training slides at this Web address you can share with them:

http://www.le.state.ut.us/lrgc/2010openpublicmtgacttraining.htm
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