Court's unified voice serves Utah well

Today, on Constitution Day, let's consider the unique form of governance of Utah's judicial branch.

It is common to hear discussions about the independence of the judiciary framed in terms of the ability of judges to decide cases free from improper political or other influences.

What is less commonly understood, but is equally important, is something called institutional independence, which is the right of the judiciary to govern itself as a co-equal branch of government. This requires the ability to establish and implement the priorities that belong distinctively to the judiciary, like access to justice, prompt resolution of disputes, proper use of public resources and alternatives to litigation.

Institutional independence requires not only adequate resources in terms of funding, but also a high degree of control within the judicial branch over the efficient use of those resources in ways that are open and accountable to the public.

Utah's state courts enjoy a remarkable degree of institutional independence. With the 1985 revisions of the judicial article of the Utah Constitution, the judicial branch was vested with the tools for self-governance.

The most significant feature of the judiciary's governance system is the Utah Judicial Council, a body created by the constitution and vested with the power to administer the state courts.

The council's composition is governed by statute and is designed to provide representation from each of the different types of court within the state: the Utah Supreme Court, the Utah Court of Appeals, the district (general jurisdiction) courts, the juvenile courts and the justice courts (city and county courts). Although each elected member of the council brings the expertise and perspective of his or her court level, each is expected to undertake the governance of the entire judiciary statewide and to establish priorities for the system as a whole.

The council is the rule-making body for all administrative rules regarding the operation of the courts, and supervises the judiciary's budget. The chief justice of the Utah Supreme Court (who is elected by the members of the court) serves as chairman of the council and is effectively the CEO of the judicial branch.

Utah's Judicial Council is one of only two such constitutionally created councils in the United States. In many states, the governance of the courts belongs to the chief justice or the state's high court. Those systems do not permit the high degree of coordination of services, effective policy setting and fiscal accountability that Utah's system does.