Taylorsville mayor reverses stance, will retain judge

TAYLORSVILLE — Mayor Janice Auger had a change of heart about ending the service of Justice Court Judge Michael Kwan, but she won't say why.

During an emergency meeting of the City Council Friday evening to deal with Auger's earlier decision not to retain Kwan, who has served the court for six years, the mayor reversed herself, announcing that she would recommend Kwan's reappointment for another four-year term.

Some court officials and one state senator say the situation is just one example of why justice court judges need to be placed on the ballot for retention, as are their county and district counterparts.

The announcement came after the mayor and City Council met with Kwan in a private session. After about 10 minutes, Auger and Kwan emerged with a joint statement, announcing that they had reached a "common goal."

Auger said there had been a "serious ongoing dialogue" with Kwan about her decision not to reappoint him. She accused some citizens of spreading "rumor and untruth."

However, residents supporting Kwan have said they only wanted the mayor to explain her earlier decision. After Friday's brief meeting, Auger refused to provide an explanation for her actions.

"I will not," Auger said, when asked by the Deseret Morning News to explain her motivation to rid the city of one of the most popular justice court judges in Utah.

News of Auger's plans sparked protest among DUI watch groups, as well as members of Utah's Asian community, who stood outside the council chambers with protest signs during the council's Wednesday meeting.

Kwan has been hailed both locally and nationally for his work with DUI offenders and last year received the highest honor the state confers on a justice court judge. Kwan's sister, Karen Kwan, said her brother also recently was offered a teaching position at the Justice Court Institute for his work in reducing the rate at which DUI offenders reoffend.

Earlier in the week, Auger said she had documented evidence to raise doubt about Kwan's ability to remain a judge. She said she planned to drop a "bombshell" if Kwan appealed her decision at a special council hearing.

In Friday's statement, Auger mentioned that her role as mayor, and Kwan's role as judge, were further clarified for both of them and that they are "united in their love for the community." Auger did acknowledge that she and Kwan have had differences of opinion.

"We are united in our love for the community," Kwan agreed. "I look forward to the next four years as your judge."