From Deseret News archives:

Public may get vote on justice court judges

Published: Tuesday, Feb. 12, 2008 12:14 p.m. MST
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Justice court judges will have to face the music under a bill that unanimously passed out of a legislative committee on Tuesday.

HB72 requires all justice court judges to be subject to a performance evaluation and retention election, a process state court judges already go through. The bill will now go to the House floor for a debate.

The bill is an attempt to clean up the public's perception that the justice court judges are revenue generators subject to the whims of municipal government officials, which Utah Supreme Court Chief Justice Christine Durham said during her January State of the Judiciary speech is "never a proper function for courts as institutions.

"There is, in my view, no more pressing problem of public perception regarding Utah's court system than the justice courts," Durham said during her State of the Judiciary speech in January.

Justice courts generated more than $72 million in revenue last year, and are expected to bring in $84 million this year.

HB72, sponsored by Sen. Lyle Hillyard, R-Logan, also raises the educational bar for justice court judges.

Currently, justice court judges can sit on the bench with only a high school diploma. If Hillyard's bill passes, the judges much have a bachelor's degree from an accredited four-year college or university.

The bill also creates a justice court nomination commission and sets salary requirements.

Hillyard also included a provision in the bill to force justice courts to use a case management system and disposition reporting system.

"One of the real concerns that has been coming is, "What's happening in these justice courts are really being reported?" Hillyard said, noting that several DUIs in his area are rarely reported to the rest of the state.

Sen. Greg Bell, R-Fruit Heights, called the bill "a landmark piece of legislation."

"This is about public trust and confidence in the judiciary system," said Rick Schwermer, assistant state court administrator. "We want judges to make decisions based on the facts of the case, not the consequences of public opinion or what not."


E-mail: ldethman@desnews.com

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