State high court upholds S.L. County man's sentence

Published: Monday, May 1 2006 12:00 a.m. MDT

The Utah Supreme Court has affirmed the sentence of a Salt Lake County man, who claimed Utah's justice courts system is unconstitutional because the courts are controlled by city governments in violation of the separation of powers.

In its unanimous ruling, the high court justices noted that Christopher Goodman's arguments did have some substance, but they also noted that Goodman and his attorney Michael Martinez failed to bring forward any evidence to support their claim.

"While Goodman's arguments are not without superficial appeal, his briefing on the constitutional claim is inadequate, and our review of the record reveals that he failed to offer any probative evidence in support of his conflict of interest claim," wrote justice Jill Parrish.

The case stems from Goodman's sentence, imposed by a West Jordan Justice Court judge, for failing to appear for a hearing and driving without proof of insurance. Goodman was fined $600 and sentenced to 180 days in jail, which was suspended at the time of the fine payment.

During oral arguments last October, Martinez pointed out that of the some 130 justice courts operating in Utah, many cities budget for projected revenues from the courts. This, Martinez argued, puts pressure on justice-court judges to generate revenue for their city. The apparent conflict of interest violates the separation between the judicial and executive branches of government.

Goodman appealed his sentence to a 3rd District Court judge, who rejected his argument. He then decided to appeal to the Utah Supreme Court.


E-mail: gfattah@desnews.com

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