Utah Bar Journal

Justice Court - the People's Court

by Toni Marie Sutliff

In the mid-1980's, I got a speeding ticket while traveling one of Utah's beautiful backroads. The ticket instructed me to contact the local justice of the peace to resolve the matter. As a baby lawyer and having never been inside a court room, I decided to spread my wings a bit, and I demanded a jury trial.

In one of those fun twists of fate, almost 20 years later, I find myself working in the Salt Lake County Justice Court, the current incarnation of those original justice of the peace courts. I've finally learned what I was seeking then - just what does happen in justice court?

First, some background and history.
The Utah Constitution contemplates the creation of justice courts.1 The original justice courts, known as justice of the peace courts, were established to provide a serious, though less formal, way for the people to resolve minor criminal matters. The justices of the peace were well-respected members of the local community who could, Solomon-like, administer justice at low cost and with high customer satisfaction. The court proceedings were not recorded, although the justices of the peace kept records on case filings and dispositions. The court was often located in the living room or extra room of the justice of the peace, and the justices were paid according to the fines they collected. From the beginning, justices of the peace have not been, and cannot be required to be,2 lawyers.

Since 1989, the justice of the peace courts have been known as justice courts,3 and the judges as justice court judges. Since then, justice courts have become more sophisticated, are certified and audited by the State Administrative Office of the Courts, and the judges are paid a salary rather than a percentage of fines collected. They are still not courts of record, and operate under the idea that minor matters can be resolved more quickly, efficiently, and successfully in these smaller courts.

What is a justice court?
Briefly,4 justice courts are established either by the county or the city in which they operate.5 They have jurisdiction over Class B and C misdemeanors and infractions6 committed within their territorial jurisdiction, which extends to the physical boundaries of the entity that created them.7 For example, the Salt Lake City Justice Court can hear cases occurring within the boundaries of Salt Lake City, while the Salt Lake County Justice Court has jurisdiction over matters occurring within the unincorporated parts of Salt Lake County and any incorporated municipality within the county that has not established its own justice court. In addition, the justice courts have jurisdiction over small claims matters arising within their jurisdiction.

Justice courts also share jurisdiction with the juvenile court over minors aged 16 and 17 that have been charged with traffic offenses, excluding automobile homicide, driving under the influence of alcohol or drugs, reckless driving, fleeing a police officer, and driving on a suspended license.8

Justice court judges are appointed by the city for city justice courts, and by the county for county justice courts.9 County justice court judges stand for retention election,10 while city judges are reappointed by the city unless good cause prevents the reappointment.11 Justice court judges are still not required to be lawyers, but are required to undergo substantial training, both before taking office and on a continuing basis.12 Judges must be high school graduates or the equivalent, citizens of the United States, at least 25 years old, and a resident of Utah for 3 years prior to their appointment.13 County justice court judges must also be a resident of the precinct in which they are to serve, if the county has been divided into precincts,14 and a qualified voter in that precinct.15 City judges must be a resident of the county in which the city exists or an adjacent county for 6 months and a qualified voter in the county of residence.16

Justice court judges have the authority to issue search warrants and warrants of arrest on probable cause, which can be served throughout the state,17 and to conduct proceedings to determine probable cause and bail requirements.18

The city or the county, as appropriate, must provide sufficient staff prosecutors, defense counsel for those determined to be indigent, and peace officers for court security,19 and the court facilities,20 court clerks and support staff,21 and appropriate research and office materials.22

So how does the Justice Court work?23
Approximately 75% of the cases filed in the Salt Lake County Justice Court are traffic matters, not including driving under the influence. In honoring the goal of providing efficient and effective service for its customers, the taxpayers of Salt Lake County, this court has created a Court Referee24 and a Traffic Court, to handle the traffic caseload exclusively. This frees up the court's other two judges' time to hear the non-bailable traffic and misdemeanor criminal matters filed in the court. Our court is also open on Tuesday evenings for appointments with the court referee, traffic arraignments, and traffic school.

First, we'll see how a traffic case is handled, and then we'll turn to a misdemeanor criminal case.

Let's say you've gotten a speeding ticket.
Traffic tickets in this court are written primarily by the Salt Lake County Sheriff and the Utah Highway Patrol. By statute,25 the law enforcement agency issuing the ticket must send a duplicate copy to the court within 5 days. We then enter the citation into our computer case management system, and send you a courtesy bail notice. The bail notice will identify the amount of bail the court will accept to close the case, or will indicate that you must appear in court. The citation tells you to appear within 14 days,26 but in practice, our court allows you 14 days after the citation is entered into the case management system, or in other words, is filed.

After getting a traffic ticket, you have the right to pay the indicated bail and have the matter closed, or to contest the issue with the court, by appearing at arraignment, pleading not guilty and going to trial. This is where the court referee comes in. In the Salt Lake County Justice Court, before you can appear at arraignment on a bailable traffic offense, you must first meet with one of our court referees (we have two). The court referees can listen to your story and make modest accommodations to the fine amount, can sign you up for traffic school to avoid having the incident reported on your driving record,27 and may make payment arrangements if you merely want to spread out the payment of the bail amount. Unless you are eligible and agree to go to traffic school, these other options are treated as a guilty plea and go on your driving record as such.28

If you cannot reach agreement with the court referee, you may then appear at arraignment, plead not guilty or guilty, and if you plead not guilty have the matter set over for trial. On the day of the trial, you will meet with the district attorney assigned to that calendar, with whom you may reach a deal to resolve the matter. If not, you then proceed to trial.

What happens if you don't either forfeit the bail or contact the court for an appointment with the court referee within the allotted 14 days? First, the court will add $50 as a delinquent fee to the ultimate bail imposed. Then, if you fail to contact the court, either to pay the bail or to schedule an appearance within 40 days after the ticket was filed, a charge of failure to appear will be added to your case,29 and a warrant will be issued for your arrest. The warrant will stay active until you finally appear before the judge, post bail or a bond, or have an attorney (not you!) enter an appearance of counsel.

Procedures in our criminal calendars are very similar to the Traffic Court.
Now let's assume you've been retained by someone charged with a Class B or C misdemeanor in Salt Lake County Justice Court. What can you do and what can you expect?

Well, first, some basics. You need to know whether your client received a citation, or whether the case was filed by an information prepared by the District Attorney's office. If the case was filed by citation, your client had 14 days to respond by requesting an arraignment date. If she didn't respond by at least 40 days after the citation was filed in the court, the court probably has already added the failure to appear charge and issued a warrant for your client's arrest. We will recall the warrant when you file your appearance of counsel, and if you also file a not-guilty plea, we will also set a date for a pre-trial hearing for you, your client, and the District Attorney.

If your client was charged by an information, she will receive a summons to appear for arraignment. If the arraignment date has not passed, you can enter your appearance and a plea of not guilty, and we will set a date for pre-trial. If, however, your defendant did not appear at the scheduled arraignment, the court will have issued a warrant for her arrest, and you proceed as I've already described.

Pre-trial hearings and trials are held just as they are in district court, following the Rules of Criminal Procedure, except that juries consist of only four members and no record of the proceedings is kept.30

In our court, again to respond to the public's desire for efficient and effective justice, we have special calendars for domestic violence matters and for all drug related matters.31 These two special calendars are conducted slightly differently and deserve a little explanation.

All drug-related charges are first screened to see if the defendant is eligible for drug court. Your client is eligible if he has a prior drug conviction, and no offenses of violence or outstanding warrants. Those that are not eligible are handled as any other criminal matter in our court.

Admission into drug court is beneficial for your client.32 He will plead guilty to the charges, which plea will be held in abeyance for a period of time to allow him to get treatment and counseling. Once your client enters the drug court, your work is at an end. Your client will be expected to submit to regular urinalyses, stringent treatment, and weekly check-in and review in court with the drug court team, which consists of the assigned Assistant District Attorney, the assigned Legal Defender, the case manager, the assigned law enforcement officer, and the judge. Failure to abide by the program rules will result in your client receiving graduated and progressive levels of sanction, sometimes by immediate transportation to the jail for short periods of time. Drug court clients are given very close attention and many opportunities to succeed, including rewards and recognition for good progress. If successful, the charges are dismissed.

The Salt Lake County Misdemeanor Domestic Violence Court is handled much like the regular criminal calendar, except that all domestic violence arraignments, hearings and trials are segregated and heard separately from the other criminal calendars. The Court has an arrangement with the Salt Lake County Sheriff that allows the Sheriff's deputies responding to domestic violence calls to write on the citation the time and date of the next domestic violence arraignment in our court, usually within a week after the citation is issued. Domestic violence cases filed by information are also scheduled for arraignment on an expedited basis. The concern is that the defendant appear in court before the cycle of violence progresses to the next phase.

After arraignment, the matter proceeds as any other criminal matter. In contrast to a drug court case, you remain active as your client's counsel in domestic violence court. You have all the normal options at your disposal, including an arrangement with the District Attorney for a plea in abeyance under appropriate circumstances. Defendants either pleading guilty or found guilty by the court are sentenced to stringent treatment and other terms, in addition to jail where appropriate.

Appeals.
Appeals from the decisions of the justice court are not true appeals, but rather requests for a trial de novo in the district court. You have 30 days after the sentence is entered, a guilty plea is entered, or a plea in abeyance is accepted to file a notice of appeal requesting a trial de novo on behalf of your client.33 You can also request a hearing de novo of orders revoking probation, orders entering a judgment of guilt under a plea in abeyance, orders of sentence under a revoked plea in abeyance, and orders denying a motion to withdraw a guilty plea.34 In addition, the prosecution has the opportunity to request a hearing de novo of various justice court rulings.35 The justice court then has 20 days to send the docket to the district court.36 The sentence of the justice court is stayed pending resolution of the matter by the district court if the justice court issues a certificate of probable cause, finding that the appeal is not being taken for purpose of delay and that substantial issues exist.37 Once a trial or hearing de novo is requested, the district court has jurisdiction over the matter and its decision is not appealable unless the district court rules on the constitutionality of a law or rule.38 The clerk of the district court transmits the decision of the district court or other disposition to the justice court.39

The Good, the Bad, and the Ugly.
Justice courts come under regular scrutiny by members of the bar who are concerned with the somewhat less formal proceedings in these courts. Perhaps it is time to rethink their purpose and operation. Before we eliminate the justice courts completely, however, let's look at what they do well and what could be changed.

The good? Justice courts still operate under the assumption that most people prefer to receive punishment for minor misdeeds in a forum other than the foreboding criminal justice setting of the district courts. The justice courts do mete out justice in a relatively informal fashion, giving the opportunity for resolution of traffic matters through the court referee and not having the ticket on your record, for example. Also, the justice courts are primarily located in the communities they serve; defendants don't have to travel downtown or across the County for hearings. And finally, due to their proximity to the public and their smaller nature, these courts can operate with fewer resources and still meet the needs of the public for justice.

The bad? As members of the bar have noted, appeals from the justice court are an unruly animal. On one side, we can claim that the defendant gets two bites at the apple - a trial in justice court, and a second trial de novo in district court if the outcome is unfavorable to the defendant.

On the other side, sentences in justice court are often short and could be completed long before an appeal to the district court is perfected. There is no rule that requires the district court judge to stay the effect of the justice court's sentence pending the appellate proceedings, although many do.40 Defense counsel laments that this is patently unfair to the defendant, who is at the mercy of an unrestrained justice court judiciary. Contrary to what some may believe, however, justice court judges are subject to review. They are answerable to the Judicial Council and the Judicial Conduct Commission and to the public through the retention or reappointment process.

On the court's side, the lack of official recordings of justice court proceedings can be a detriment. Say that a justice court judge finds a defendant guilty and imposes a sentence that is rather more harsh than what he might ordinarily impose for the offense. The judge states that the severity of the sentence is based on evidence presented at trial, possibly prior similar offenses, and the defendant's demeanor, indicating a lack of contrition or the possibility of further criminal behavior. On review by the Judicial Council or the Judicial Conduct Commission on a complaint filed by the defendant, the judge has no record to support his decision.

The ugly? I don't know. The number of appeals of justice court decisions filed statewide, for any reason, is less than 1% of the total number of cases heard. Do the rare cases in which the justice court process is not efficient or sufficient outweigh the benefits of having a method of quick and just resolution of minor matters? It is a debate worth having.

Do you wonder what happened to my trial for speeding in the justice of the peace court 20 years ago? After several weeks had passed and I had heard nothing, I called the court to ask how to proceed. I was by then almost nine months pregnant, and I explained to the judge's clerk that I wanted to have the matter resolved soon so that I wouldn't have to travel to the hinterlands to attend court with an infant. She told me not to worry, that she would command her husband, the justice of the peace, to dismiss the ticket in the interest of justice. In my case justice was served!

1. Utah Constitution, Article VIII, Section 1

2. Utah Constitution, Article VIII, Section 11

3. Utah Code ¤ 78-5-101

4. The justice courts' authority and operation are described in Utah Code ¤¤ 78-5-101 et seq. A succinct description of justice courts is found on the Utah Courts website - www.utcourts.gov/knowcts/just/justice.htm.

5. Utah Code ¤ 78-5-101.5

6. Utah Code ¤ 78-5-104

7. Utah Code ¤ 78-5-103

8. Utah Code ¤ 78-5-105

9. Utah Code ¤ 78-5-134. The specific authority for appointment depends on the form of government in the city or county. In cities with a traditional management arrangement, the judge is appointed by the chair of the city commission, city council, or town council. In cities with the council-manager operational form of government, the judge is appointed by the city manager. In cities with the council-mayor optional form of government, the judge is appointed by the mayor. In any of these three situations, the appointment must be confirmed by the city commission, city council, or town council, as appropriate. In counties having the county commission form of county government, the judge is appointed by the chair of the county commission and confirmed by the county commission. In counties having the county executive-council form of government, the judge is appointed by the county executive and confirmed by the county council.

10. Utah Code ¤ 78-5-134(4)

11. Utah Code ¤ 78-5-134(5)

12. Utah Code ¤ 78-5-127

13. Utah Code ¤ 78-5-137

14. Utah Code ¤ 78-5-102(3). Salt Lake County, for example, used to be divided into several precincts, but has now been consolidated for purposes of the qualification of the Salt Lake County Justice Court judges. Judge Acomb originally sat in Precinct 4. Her courtroom in the Salt Lake County Justice Court is now known as Court 4.

15. Utah Code ¤ 78-5-137(1)(d) and (e)

16. Utah Code ¤ 78-5-137(2)(d) and (e)

17. Utah Code ¤ 78-5-113

18. Utah Code ¤ 78-5-106

19. Utah Code ¤ 78-5-111

20. Utah Code ¤ 78-5-108(2)

21. Utah Code ¤ 78-5-110

22. Utah Code ¤ 78-5-109

23. The processes and procedures of the Salt Lake County Justice Court may differ slightly from the others, but should for the most part be standard.

24. Most justice courts have established a court referee or similar process.

25. Utah Code ¤ 77-7-20

26. Utah Code ¤ 77-7-19

27. You may only pursue this option if you have no other offenses on your driving record and have not attended a traffic school within the past 3 years.

28. Utah Code ¤ 77-7-21(c)

29. A Class B misdemeanor under Utah Code ¤¤ 41-6-168 and 77-7-22

30. Although no recording is made of the proceedings, the court does maintain a docket of the charges, orders issued, documents received, and ultimate disposition of the case. This docket is a public record, except for certain confidential personal information regarding the defendant.

31. Many of the Justice Courts, especially in the Salt Lake valley, have special drug and domestic violence courts or calendars. Each operates differently, although the common thread is to reduce the incidence of drug abuse and domestic violence in our communities by diverting these defendants into treatment and preventing further escalation of the problem behavior.

32. We have a cap of 25 for drug court clients, due to funding restrictions. The drug court clients are also serviced by County Criminal Justice Services, for case management and treatment. We have to turn many potential drug court clients away due to this cap.

33. Utah Code ¤ 78-5-120

34. Id.

35. Id.

36. URCrP 38

37. Id.

38. Utah Code ¤ 78-5-120

39. URCrP 38

40. The Supreme Court's Advisory Committee on the Rules of Criminal Procedure has proposed a rule that would require such a stay. That rule is still pending. Comments submitted describe both the benefits and detriments of the current process.

Posted by at May 3, 2005 12:44 PM