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HB 540

Judicial Transparency and Information Access Amendments

2026 General Session Introduced by Brady Brammer and 1 co-sponsor

HB 540 creates a centralized, publicly accessible court-records website with free basic access, expands audio recordings of public proceedings, and requires annual judicial financi

Governor Signed
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Bill Summary · HB 540

Summary of HB 540 (2026) — Judicial Transparency and Information Access Amendments

Purpose and intent

  • Establishes enhanced public access to court records and proceedings, strengthens public-facing information about court operations, and requires new transparency related to judicial financial disclosures.
  • Creates a centralized court-records website and expands audio-recording access to public court proceedings.
  • Adds a new framework for judicial financial disclosures and reporting.

Key provisions

  1. Public court records and access (Part 2: Public Access to Courts)

    • Defines core terms: court, court proceeding, court record, and public court record.
    • Requires the Judicial Council to create and maintain a single, centralized court-records website that provides remote, secure access to all public court records.
    • Establishes search capabilities for the website (by court, party/judge/attorney, district, case number, case type, filing date, case status; for criminal cases, offense section and disposition).
    • Prohibits most fees for basic access to the court-records website (except as otherwise allowed), meaning broad free public access to search and view public records.
    • Sets a framework for security and user registration to access the site, including required information from users (identity, address, citizenship status).
    • Allows the court to limit public notice or access only as permitted by law, and provides specific privacy protections for sensitive records.
    • Allows audio/video from body-worn cameras to be treated as private unless exceptions apply (already in existing law; reaffirmed/clarified within new privacy framework).

  2. Audio recording of public court proceedings (Section 78A-1-203)

    • Mandates audio recording of each public court proceeding.
    • Audio recordings must include all open portions from start to adjournment.
    • Public may request an audio recording; the Administrative Office of the Courts must provide it, expediting for parties to the case where possible.
    • Fees for audio recordings may be charged only as provided in a separate fee statute (78A-2-301.7); otherwise, access may be free.
    • Requires the Judicial Council to report by November 30, 2026, on recommendations about whether audio recordings should be freely available to the public and how to implement free access.

  3. Court record website requirements (Section 78A-1-204)

    • Reiterates the obligation for a single, centralized court-records website.
    • Specifies secure remote access with user registration requirements (identity, address, citizenship).
    • Details search capabilities and access parameters.
    • Generally restricts fees for accessing, creating accounts, searching, or downloading from the site (with exceptions detailed in other sections).

  4. Judicial financial disclosures (Section 78A-2-114)

    • Requires the Judicial Council to adopt a rule requiring annual financial disclosures for judicial officers similar to conflict-of-interest disclosures.
    • Disclosures must be posted on a public website.
    • A required report to the Judiciary Interim Committee explaining actions taken must be submitted by November 1, 2026.

  5. Court fees (major amendments to 78A-2-301 and related sections)

    • Updates and clarifies civil and small-claims filing fees and related costs for courts of record and justice courts.
    • Establishes a detailed fee schedule for various filing types (civil actions, small claims, counterclaims, expungement, appeals, etc.) with specific dollar amounts.
    • Allocates portions of certain fees to dedicated funds (e.g., retirement trusts, Court Security Account, Dispute Resolution Account, Children’s Legal Defense Account) as currently required by statute.
    • Adds or clarifies provisions around who pays fees in judgments (favoring the state in some cases, with exceptions for the Office of Recovery Services).
    • Clarifies that public-record access-related fees generally should not be charged to the state or its agencies.

  6. Miscellaneous and conforming changes

    • Renumbers and enacts several sections to implement the public-access framework.
    • Provides transitional timing: most provisions take effect January 1, 2027; some actions related to audio recordings and reporting take effect May 6, 2026.

Who/what is affected

  • Utah courts (justice courts, district courts, juvenile courts, Business and Chancery Court, Court of Appeals, Supreme Court).
  • The Judicial Council and Administrative Office of the Courts.
  • The public, including individuals seeking access to court records and audio recordings.
  • Judicial officers (sitting judges and court commissioners) through required annual financial disclosures.
  • Clerks of court and court records custodians, due to new centralized website and fee structures.
  • State and local government entities via changes to fee disbursements and funding mechanisms.

Procedural and timeline highlights

  • Effective date for most provisions: January 1, 2027.
  • Audio-recording-related actions and reporting: effective May 6, 2026, for certain transitional rules and reporting requirements.
  • The Judicial Council must report recommendations on free access to audio recordings by November 30, 2026.
  • A written report on judicial financial disclosures must be delivered to the Judiciary Interim Committee by November 1, 2026.

Fiscal note snapshot (highlights)

  • Potential net cost to the Courts: modest to moderate in 2027 and ongoing thereafter, driven by:
    • Enhanced audio-recording/ posting requirements.
    • IT system upgrades for public accessibility.
    • Annual processing of judicial financial disclosures.
    • Transition away from certain online-records-fee collections toward General Fund support.
  • Estimated impact:
    • Ongoing General Fund costs: about $5.55 million per year, plus one-time $1.30 million in 2027.
    • Reduced dedicated credits revenue: approximately $4.03 million per year starting 2027, with a one-time reduction of about $0.61 million in 2026.
    • Net impact: initial one-time reduction in 2026, followed by ongoing net cost starting in 2027.

Bottom-line assessment

HB 540 undertakes a broad push toward greater transparency and public access to Utah courts. It creates a centralized, fee-regulated online portal for public court records, mandates audio-recording of public proceedings with potential free public access, requires public posting of judicial financial disclosures, and revises court-fee structures to align with the new transparency regime. It also imposes reporting duties and sets implementation timelines, signaling a significant modernization of court information access and accountability in Utah.

Compiled from official sources — confirm details with the bill’s official record.

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