From Deseret News archives:

Justice courts drawing scrutiny

Published: Monday, Jan. 7, 2008 12:12 a.m. MST
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PROVO — Possible reform of justice courts is a top legislative concern of city officials in Utah County.

The county's Council of Governments met Thursday night to discuss bills members need to keep their eye on in the upcoming legislative session.

Lincoln Shurtz, director of legislative affairs for the Utah League of Cities and Towns, discussed justice courts, water and other topics COG members should be aware of during the session.

Several instances where people felt justice courts, a court for lesser misdemeanor crimes, weren't being fair prompted preparation of a bill to change how those courts are run.

Allegations in West Jordan claimed the City Council had so much influence over the judicial system that the council was able to drive the justice court decisions instead of the court's judge, Shurtz said. Ronald Nehring, a Utah Supreme Court justice, was asked to look at the issue and give recommendations on how to fix the problems in the justice court system. Those recommendations form the bill that will be introduced to the Legislature.

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Several city officials had concerns over some of the proposals, including having the state take over operation of the justice courts, doing away with part-time justice courts and having roving judges for smaller communities that had only a part-time court.

Highland Mayor Jay Franson said the proposed legislation is a "knee-jerk reaction" and the legislation will have "greater unintended consequences."

"The system we've got works most of the time," he said. "Our community is small. We have a part-time judge. He does what he needs to do, and it costs us money, but (the people) don't have to go (far away) to get some justice. It isn't broke, let's not fix it."

Another mayor echoed his sentiments.

"There's a natural need of different levels of court systems and different levels of control," said Mapleton Mayor Jim Brady. "This is an overreaction to a specific problem."

The Utah League of Cities and Towns formed a committee with city and county officials, attorneys and others to offer differing recommendations for the justice courts, but the recommendations will not be turned into a bill from the league, Shurtz said.

In addition to the justice court concern, Shurtz mentioned a water bill that will protect cities from forfeiting water if the city doesn't use it all. Shurtz said the bill has a few adversaries, including the Farm Bureau, which is worried that the cities will begin to hoard water, making it harder for farmers to irrigate their crops. He said if the bill passes, provisions will be made so cities don't hoard water.

"If a city hoards water, this bill will flip immediately," he said.


E-mail: csmith@desnews.com

Recent comments

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To Bob | Jan. 7, 2008 at 12:37 p.m.

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