Justice courts have changed plenty since Utah became a state in 1896, and there are fewer today than just 12 years ago.
Whether a financial boon or burden to the communities they serve, these courts are more than just forums for run-of-the-mill litigation — they're an old form of justice that is putting on a new, proactive face.
They began amid informal settings, in homes belonging to justices of the peace. Not until 1989 did the Utah Legislature pass a bill that mandated justice courts meet certain standards, namely that they be held in public places and conducted in a more formal, professional manner.
They're still evolving — the most recent change coming from a revised mission statement last year. With the 2000 mission statement, justice courts are attempting to tackle community problems — not just clean up after the fact.
It's the most dramatic change in more than a decade.
About 30 justice courts were losing money in 1989 when the state began requiring the presence of court clerks, a place for juries, flags, gavels and robes. Justice courts were moved from "basements and barns," and as a result, the number of courts dropped from 177 in 1989 to about 140 today, said Richard Schwermer, assistant state court administrator for the Utah Administrative Office of the Courts.
The remaining courts, however, have plenty of cases to keep them busy. For fiscal year 2000, Utah justice courts handled more than 362,000 cases of traffic violations, class B and C misdemeanors and small claims (not all data were available). In fiscal 1998, the most cases filed in justice courts by county came from Salt Lake County at 65,680, followed by Davis, Utah, Weber, Washington, Cache, Box Elder and Tooele counties.
The annual state total may eventually jump another 90,000 as Salt Lake City appropriates $1.8 million to establish its own municipal justice court in the coming year — annual operating costs are projected at $3.2 million.
But do justice courts make money, break even or cost taxpayers? Depends who you ask.
Justifying justice courts
Schwermer believes a large percentage of courts lose money for their county or city. Judge John Sandberg, chairman of the Justice Court Board of Judges, says most make money for their communities — although the 23-year judge says that revenue is not the horse that pulls the cart.
Sandberg falls back on the difference in mission statements, recalling how just nine months ago he may have fined someone caught driving without insurance, maybe put him on probation and told him to stay out of trouble. An intoxicated driver may have been given credit for time served, told to "go away" and to not let it happen again.
If the court is concerned about quality of life, though, it will need to look at the larger issues, such as treatment for alcoholism and how that problem affects the entire community, Sandberg said.
"You need to do some things to remediate that situation so it doesn't adversely affect that neighborhood," Sandberg said. That attitude is a step toward a national trend of forming "community-focused courts," of which there are only 17 in the country with 30 more on the drawing board, he said. There are none yet in Utah.
The changing mission is to incorporate social services in the legal process and to change a court's approach toward sentencing and follow-up with defendants — to solve problems instead of merely processing cases.
Uninsured or unlicensed drivers are often required to report back to justice court with proof they've solved a problem that affects them and their community. Some courts may choose to focus more on correcting code and zoning violations, a quality-of-life issue for many people.
"The biggest advantage for us is being able to provide more personal treatment to the offenders," said West Jordan City Attorney Kevin Watkins. "Because it is a local court, I think there is more personal interest on the part of the judge and the prosecutor that everyone is treated as fairly as possible." Though each of Utah's 29 counties have municipal or county justice courts, the idea is still catching on.
In tiny Sunset city, population 5,204, the city is hiring an eighth police officer. City leaders are predicting an increase in citations from traffic enforcement and a new daytime curfew law for teenagers. The belief is they'll soon see a big enough increase in overall citations to justify and pay for their own local court.
Although a newer city like Holladay is always looking for additional funding sources, its motivation for starting a justice court was not rooted in revenues. The city's court will open in July and is expected to help build a new community, said Kit Lindsey, assistant to the mayor.
"(A justice court) brings things closer to home, and you have a better sense of community," Lindsey said. He doesn't expect the new court to be a cash cow. "Justice courts are not meant for that purpose. Money will come in, but it will probably just sustain it."
Centerville's city finance director and assistant city manager Blaine Lutz says money is only part of the reason the city has maintained its justice court, taking in about $300,000 to $350,000 in fines annually after paying the state its portion — about half of that pays for the cost of running the court.
"Revenues are somewhat of a factor," Lutz said. "Someone is going to get that money — it may as well be us."
Quality control
But city officials also like the idea of having some control over the court system. Centerville's justice court judge is appointed by the mayor and approved by the City Council. Though it hasn't been an issue there, if city leaders felt a judge was not doing a good job, they could reappoint another one, Lutz said.
One disadvantage to justice courts, though, may be the perception that because most of the judges are not lawyers they're not as competent.
"Some of the best justice court judges we have aren't lawyers," Schwermer said. "I'm not sure the best ones are lawyers." All of the state's estimated 128 justice judges receive extensive training and must attend 30 hours of continuing judicial education each year to remain certified. Most important, perhaps, is that the judges are hired at the local level.
"The intent is to try to make the community a better place," said Judge Jerry Jensen, who has presided over the Davis County Justice Court for over 10 years. "It's costly, but it's funds well spent."
Jensen sees his role as "gatekeeper," to stop such problems as DUI, assaults and possession of controlled substances at the proverbial gate to becoming repeat offenders. "If we can somehow preclude this from reoccurring in the future, we've done a wonderful thing."
Contributing: Amy Joi Bryson, Elyse Hayes, Josh Loftin, Brady Snyder and Diane Urbani.
E-mail: sspeckman@desnews.com