Complaints against Utah judges rise

A record number of complaints were filed against Utah judges — most likely because of two high-profile cases — in the past year, officials with the Judicial Conduct Commission said Tuesday.

During a regular commission meeting, it was reported that in fiscal year 2005 (from July 2004 through June 2005), the JCC received a total of 129 complaints by citizens alleging misconduct by judges.

JCC executive director Colin Winchester said that breaks the previous record of 123 complaints, set in fiscal year 1999.

"We really don't know why. My best guess is that this might be a fluke," Winchester said.

The rise is about a 28 percent increase over the past three years, when the commission received between 94 and 97 complaints per year.

Winchester said speculation at the commission is that the rise may be due to an increase in public awareness from media coverage of two disciplined judges.

The conviction and dismissal of former 4th District Judge Ray Harding Jr. on drug charges raised the issue of judicial conduct in Utah several years ago.

Last year, the Utah Supreme Court also removed 3rd District Juvenile Judge Joseph Anderson . The high court concluded Anderson broke the law by not deciding certain juvenile cases prior to the deadlines set by statute and that his actions rendered him unable to perform his job.

Winchester said the JCC welcomes the increase, saying it allows the commission to keep better watch on judges.

State Sen. Chris Buttars, R-West Jordan, who chairs the Senate Judiciary Confirmation Committee, said being a judge is a great responsibility with powers that should not be taken lightly. If members of the public see misconduct, they should report it, he said.

"If it's out there, we want to hear about it. When you put on that black robe, it's very powerful," Buttars said.

Overall, Winchester said Utah's judges are very well behaved compared to their counterparts. National reports on other states show problems with judges being disciplined for DUI, sexual harassment and worse. Last year, a judge in Oklahoma was booted from the bench after being caught using a sexual device while on the bench during court proceedings.

Winchester attributes the low instances of misbehavior to Utah's strong communities and the fact that Utah's judges are appointed rather than elected.

National studies have shown those states in which judges are elected by popular vote have greater problems with corruption and payoffs.

Winchester said roughly 5 to 7 five to seven percent of all complaints filed with the JCC result in some form of disciplinary action against a judge. Currently, the JCC has 32 cases still pending review from fiscal 2005.

Whether or not the jump in complaints is a trend, Winchester said the JCC will have to wait until June of next year to tell. In the meantime, the commission welcomes complaints.

"We'll take the numbers. That's numbers, that's what we're here to do," he said.

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