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Utah Chief Justice Christine Durham said Monday that there is no more pressing problem than the perception of justice courts throughout the state.
The courts make up 78 percent of the courtrooms, 70 percent of the cases and nearly half the judges. A committee formed by the Judicial Council found, among other things, that there is a growing public perception that those courts are simply revenue generators -- "never a proper function for courts as institutions," Durham said.
The committee's recommendations are incorporated into a bill carried by Sen. Lyle Hillyard, R-Logan. The bill will address keeping justice courts under the control of local government; that the courts must be, and must be perceived to be, fair and impartial; and that justice courts must be presided over by "highly competent, well-trained judges."
"I urge you to seize this opportunity to reform a system in need of attention and to enhance the public's confidence in these courts," Durham said.
Durham also touched on judicial performance evaluations. Sen. Chris Buttars, R-West Jordan, will be running a bill that would make changes to the judicial evaluation process by having it overseen by an independent commission. Durham said that two things are "absolutely essential" for a fair and effective system under such a commission: complete independence and freedom from political pressure, and adequate funding for the commission carry out its job.
That said, the Judicial Council finds the bill unnecessary, Durham said.
Finally, the chief justice made a plea on behalf of deputy court clerks for more money. The clerks assist customers and attorneys; schedule interpreters and mediators; and collect fines, fees and restitution. But the courts are seeing unprecedented turnover -- 41 percent don't even make it a year -- with many leaving for higher paying jobs in justice courts or the private sector.
"Our analysis reveals that deputy clerk positions are currently among the lowest pay scales in all of state government," Durham said.
Durham made a similar plea last year for judges and was rewarded. Compensation for clerks will likely be addressed this year, said Sen. Curt Bramble, R-Provo.
"Obviously it's too early too make a commitment and say it's a done deal. [But] our chief judge made a compelling case," he said.
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