UTAH COURTS TOMORROW - REPORT AND RECOMMENDATIONS OF THE UNIFIED COURT ADVISORY COMMITTEE

• NCJ Number: 12819
• Author(s): ANON
• Date Published: 1972
• Length: 66 pages
• Corporate Author: Utah Legislative Council
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

REPORT ON COURT UNIFICATION, THE MOST APPROPRIATE WAY OF SOLVING THE PROBLEMS CONFRONTING THE UTAH JUDICIAL SYSTEM AND PROVIDING FOR CONTINUAL FUTURE IMPROVEMENT OF COURTS.

Abstract

A UNIFIED JUDICIAL SYSTEM IS ONE IN WHICH ALL COURTS ARE CONSOLIDATED INTO ONE GENERAL COURT WITH STATEWIDE JURISDICTION FOR ALL CASES. THE STUDY CONCLUDES THAT A UNIFIED COURT SYSTEM FOR UTAH SHOULD HAVE TWO BASIC DIVISIONS FOR COURTS - A SUPREME COURT, OR APPELLATE DIVISION, TO HANDLE ALL CASES BEING APPEALED FROM LOWER COURTS, AND A DISTRICT COURT, OR TRIAL DIVISION, IN WHICH ALL CASES WOULD ORIGINATE. THE DISTRICT COURT WOULD BE DIVIDED INTO GEOGRAPHICAL DISTRICTS WITH SPECIALIZED DEPARTMENTS FOR THE HANDLING OF DIFFERENT KINDS OF LITIGATION. THE SEPARATE SPECIALIZED COURTS OF CITY COURT, JUVENILE COURT AND JUSTICES' COURT WOULD BE ELIMINATED AND THEIR FUNCTIONS WOULD BE ASSUMED BY THE DISTRICT COURT. THE CREATION OF A UNIFIED COURT SHOULD BE ACCOMPANIED BY A SHIFT OF CITY AND COUNTY RESPONSIBILITIES FOR COURTS TO A STATE JUDICIAL SYSTEM. THE UNIFIED JUDICIAL SYSTEM SHOULD BE FINANCED BY AND ACTING UNDER THE AUTHORITY OF STATE GOVERNMENT. A SEPARATE STATEWIDE JUDICIAL PERSONNEL SYSTEM SHOULD BE CREATED, PATTERNED AFTER THE EXISTING STATE MERIT SYSTEM. THE COURT SYSTEM SHOULD BE UNDER THE SUPERVISORY CONTROL OF A JUDICIAL COUNCIL, WHOSE CHAIRMAN SHOULD BE THE CHIEF JUSTICE OF THE SUPREME COURT, AND WHOSE MEMBERS SHOULD BE REPRESENTATIVE JUDGES OF THE VARIOUS JUDICIAL DISTRICTS. THE NON-JUDICIAL ACTIVITIES OF THE COURT SYSTEM SHOULD BE SUPERVISED BY A STATE COURT ADMINISTRATOR, CHOSEN BY THE JUDICIAL COUNCIL TO ASSIST IT IN CARRYING OUT ITS RESPONSIBILITIES. THERE SHOULD BE THREE TYPES OF JUDGES IN THE UNIFIED COURT SYSTEM SUPREME COURT JUSTICES TO HANDLE APPELLATE CASES, DISTRICT COURT JUDGES TO HANDLE ALL GENERAL MATTERS, AND DISTRICT MAGISTRATES TO HANDLE ALL MATTERS OF LIMITED JURISDICTION AS PROVIDED BY THE JUDICIAL COUNCIL. THE REPORT PRESENTS ITS 42 RECOMMENDATIONS ON ALL ASPECTS OF THE JUDICIAL SYSTEM, WITH COMMENTARIES SUPPORTING ITS FINDINGS. (AUTHOR ABSTRACT)