House approves bill to expand court bailiff options after debate with sheriffs' concerns

The Utah House approved House Bill 106, a measure that allows courts to use specially trained special-function officers or contract for bailiff services when sheriffs cannot provide those services. The bill passed the House by a recorded vote of 41-29 and will be transmitted to the Senate.

Sponsor Representative David S. Hossler said the measure aims to improve court administration and access to justice by letting law graduates or law students serve as bailiffs after required POST training and by allowing the state court administrator to contract with law enforcement providers where necessary. “This bill . . . accomplishes two things,” Hossler said, describing provisions that authorize special-function officers to perform research-clerk duties and permit contracting for bailiff services where sheriffs cannot provide them.

Representative Breston read a letter from Salt Lake County Sheriff Aaron Kennard that cautioned the House the state law currently designates sheriffs as responsible for court security and warned that shifting duties to other agencies or contractors could create public-safety risks and operational disruption. The reading stressed the sheriff’s view that the bill could pit local police agencies against sheriffs in bidding and potentially dilute sheriff capacity for public-safety duties.

Hossler responded that the bill provides negotiation mechanisms, requires appropriate training, and does not remove the sheriff’s statutory responsibilities; rather, it provides alternatives when services are unavailable. Supporters argued the Utah County program — which uses trained personnel to combine bailiff and clerking duties — shows how the approach can increase efficiency.

The House voted to pass HB106 by a 41-29 margin. The bill will go to the Senate for consideration.