Third District Court judges are afraid their court orders may become mere suggestions if the Salt Lake County Council insists on cutting 300 jail beds by July.

The judges are miffed at the council for a slew of recent decisions to cut down the capacity at the jail — moves that potentially take away some the court's power during sentencing.

"We are concerned that, as a result of the council's actions, a district court judge's incarceration determination in an individual case will be overridden by limits that, in our opinions, undermine the purposes and effectiveness of criminal sanctions," wrote judges Sandra Peuler and Robert Hilder, the president and associate presiding judges in 3rd District Court, in a letter to the council.

The power struggle started after the County Council passed a resolution asserting the jail will not accept any offenders with a class C misdemeanor or class B misdemeanor traffic violation, except for DUI convictions or offenders with a record of domestic violence.

But judges don't like to be told how they should be handing out sentences, Councilman Jim Bradley said. County officials know that and are trying to work out all the issues to make sure everyone is supportive of the council's efforts.

County officials are pushing the idea of alternatives to jail incarceration — options that would take low-risk inmates out of the county jail and into treatment programs. The effort will save thousands of taxpayer dollars, as housing inmates is extremely expensive, Bradley said. The county shouldn't be paying to incarcerate those who do not pose a direct threat to themselves or to society, such as offenders with minor infractions like driving without insurance, Bradley said.

At the same time, the council wants to reduce the capacity at the jail by 300 beds by July.

Such an effort results in unintended consequences, the judges wrote.

"Much of the ability to ensure that a defendant complies with the court's orders while not in custody is to have the real expectation that noncompliance will lead to jail time," the letter states.

The judges are responsible for balancing public safety, offender accountability and rehabilitation when handing out appropriate sentences, Peuler and Hilder wrote. They fear if there aren't enough beds for offenders at the county jail, justice will not be served.

During a recent County Council meeting, Sheriff Aaron Kennard said the council's mandates might force him to violate judges' orders because there is just no room to house inmates.

"While we appreciate the council's interest in the development of alternatives to incarceration, we cannot support decisions that ultimately may mean that the court's orders are not followed," the judges wrote.

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