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In the August/September 2001 issue of the Utah Bar Journal, there was an article (editorial?) regarding an attorney's experience in a justice court. The attorney began by lamenting
the fact that he could not simply obtain a dismissal for his client over the telephone. He further lamented that he was forced to go to a justice court to, of all things, actually prove
the facts of his case. Imagine. With "spittle forming at [his] lips" and his dander upped, he entered the courtroom. The attorney also assumed an "inherent resentment
against an attorney being in a justice court."
After reminding the reader of his thirty years of experience in law, the attorney waxed acrid about his inability to have evidence admitted. Ultimately, the attorney admitted, tongue in
cheek, that justice prevailed and that he was able to obtain a dismissal.
Perhaps, what is needed is a new approach to justice courts by attorneys in general. It may be true that some
justice court judges resent the presence of an attorney in a justice court. There may be some reasons for it. The attitude that some attorneys have when they come into a justice court may
be detrimental to the judicial process.
It is amazing to see the change in demeanor and attitude of attorneys who are new to our local municipal justice court when they come to realize that I am an attorney serving my community
as a part-time justice court judge. At times, it is the difference between night and day. I perceive much more respect and I do not hear as many of the comments such as "Well, in
district court we always . . ." They know that I know what goes on in district court.
The fact is that most attorneys respect the justice courts as well as the judges that preside over them. There are some, however, that fail to understand the nature and purpose of the
justice court. Some attorneys even try to take advantage of the fact that the judge may not be a member of the bar and that many young attorneys "cut their teeth" as a
prosecutor in a justice court. Justice courts are like snowflakes -you won't find any one just like another. Old judges, young judges, old prosecutors, young prosecutors, law school
graduates, lay persons. The thing that is consistent is the fact that justice court judges strive to improve and increase their legal knowledge every day. The Justice Court Judges
Association is very active in training and educating judges throughout the state.
May I suggest a few tips for practice in a justice court:
1. Try to overcome your resentment of calling a non-attorney judge "Your Honor." Most judges sense it. Get over the fact that the Utah Constitution allows for
a layperson to determine a legal issue. Justice court judges in general work very hard to learn their niche in the law. Most justice court judges know more about traffic law than
attorneys will ever know. Do you ever remember being taught traffic and misdemeanor law in law school?
2. If there is an area of the law that you know more about than a justice court judge, do what you do with a district court judge -educate them in a respectful way.
Many justice court judges realize that they do not know everything about the rules of evidence, search and seizure, etc. They also know when they are being patronized or when an attorney is being condescending.
3. Don't assume that the city or county is only after revenue.
When I was hired by the municipality that I work for, the mayor and city manager emphasized that they did not want the court to be revenue driven. I believe that most municipal and precinct courts are the same.
4. You are not in a district court.
Even so, most justice courts will try to observe the rules of evidence and procedure as best they can. Remember that the small claims courts use "simplified" rules of evidence and procedure by determination of the Utah Supreme Court. Remember also that there is an emphasis for less formal "Community Courts" where the focus may be more remedial than punitive in nature.
5. Justice court judges work very hard to obtain and maintain their legal knowledge.
Justice court judges have a very high requirement for continuing legal education hours -more than double the requirement for attorneys annually. The judges take their continuing legal education very seriously and they have organized education conferences three times per year. In addition, local district groups organize their own continuing education to supplement the state organization.
There are many things that an attorney can do to improve the relations between the bar and the Justice Court Judges Association. Writing negative articles or editorials in the Utah Bar Journal isn't one of them. Statistics show that people will encounter the justice system more often through a justice court than through district courts. The demeanor and conduct of attorneys in the justice courts should send a message to our clients that they need to respect all aspects of the justice system.
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