S.L. attorney says justice courts are driven by revenue

A Salt Lake attorney told the Utah Supreme Court on Monday there is no justice in Utah's justice courts because the justice judges are under pressure to generate revenue for the cities that run them.

But while Utah's highest court did not contest that justice courts may have some issues, justices said there was no evidence that specifically a West Jordan Justice Court judge was under any direct influence by city officials to generate revenue at the expense of fairness.

Attorney Michael Martinez said out of some 130 justice courts in Utah, many cities budget for projected revenue expected from the courts, which handled an estimated 515,000 cases last year with millions of dollars in fines. The result, Martinez said, is that justice courts violate constitutional separation of powers by allowing cities to create courts.

The case revolves around Christopher Goodman, who was sentenced by a West Jordan Justice Court judge to pay a $600 fine with 180 days in jail (suspended at the time of fine payment) for failing to appear at a prior hearing and driving with no proof of insurance.

Through Martinez, Goodman challenged the court's authority to dispense justice, noting justice court judges are appointed by municipal councils and are administratively controlled by municipal officials.

When members of the public see the black robe, Martinez said, they are under the impression that the judge is impartial and under the purview of the state courts. But Martinez said he has sat in City Council meetings during which justice court judges were told by council members what revenue the courts were expected to generate.

West Jordan City Attorney Roger Cutler noted a district court judge already has rejected Martinez's claim. In his ruling, a 3rd District judge concluded that while city officials controlled court administration, there was no evidence city officials influenced a judge's decisions. State law actually prohibits city managers from infringing on the discretion or judgement of a justice court judge.

Cutler said in order for Martinez's argument to stand, he needs to show judges are actually awarded with raises to their income in exchange for increased court revenues. Law limits a justice court judge's income to 85 percent of a district court judge's.

Chief Justice Christine Durham pointed out that the creation of the justice courts is mandated under Utah's constitution. The constitution also gives the Utah Legislature the right to create other types of courts, which don't necessarily have to come under the direct purview of the Utah Supreme Court.

Specifically, Durham said Martinez had no evidence that the judge in Goodman's case was under city influence.