QUESTIONS FOR COMMISSIONER THOMAS N. ARNETT
THIRD DISTRICT COURT COMMISSIONER

1. What Judicial Districts do you cover?

 Third District, Salt Lake County only.

2. Do you have an office in each District?

I have an office in the Scott Matheson Courthouse, W14.

3. What days are you available in each District?

Monday through Friday.

4. What is the name of your scheduling clerk?  How can s/he be reached?

Heather Christiansen, 238-7122.

5. What is the name of your in-court clerk?  How can s/he be reached?
Becki Young 238-7132.

6. Do you have a set calendar for law and motion?

Yes. Law and Motion is held on Tuesday, Wednesday and Thursday at 9:00 or 10:00.

7. Do you have a set time for pretrials?

Yes. Pretrials are held on Tuesday, Wednesday and Thursday at 2:00 p.m., 2:15 p.m., 2:30 p.m. and 3:00 p.m.

8. Do you have a set calendar for protective orders?

Yes, on Mondays, the Protective Order calendar is at 9:00 or 10:00. 

9. How do you conduct the call on a calendar?  Do you take resolved cases first?  What if a client is late? What if the attorney is late?

We conduct a call through the entire calendar to determine the status. Resolved cases will be taken first.  We then proceed with argument.  We will attempt to accommodate attorneys who notify us in advance if they are going to be late.  If an attorney or client is late, we will pass to allow the person a reasonable period in which to arrive.

10. Do you have case managers? What do they do? What is the process when a case manager is involved?

No.

11. Do you use mediation?

Yes.

12. Do you use Special Masters?

Yes.

13. Do you conduct evidentiary hearings?

No.

14. Do you handle matters through proffer?

Yes.

15. Does your clerk send out the notice for a pretrial?

Yes.

16. What do you require the parties to bring to a pretrial?

Prior to the pre-trial, the parties need to complete the Financial Declaration and Proposed Settlement.

17. How do you view your role in pre-trials? Do you guide settlement of the issues?

More administrator than mediator.

18. Do you have a particular form that you use for financial declarations?

Yes. Click here for a copy.

19. What financial verification do you require?

Tax returns, W-2s, year-to-date paycheck stub.

20. When is it appropriate to bring a child to court?

NEVER

21. How do you handle allegations of abuse?

It is helpful to have some corroboration such as police reports, medical reports, witness statements.

22. How long do you schedule for a law and motion matter?

15-20 minutes.

23. How long for a pre-trial?  What if we anticipate that the matter will exceed that time?

15-30 minutes. Advise the clerk if you expect it to go longer.  We will attempt to accommodate up to an hour.

24. Is a minute entry signed by the Commissioner a final order?

No.

25. What expectation do you have regarding the dress of the parties?

None.

26. Can you appoint a guardian-ad-litem? What is the process?

Yes. Present a basis for your request; i.e. if there is abuse or neglect you need to provide details for a referral to DCFS.  If you are requesting an appointment for a private guardian ad litem, provide the reasons for the request.

27. What if there is a concurrent action in juvenile court?

Pursuant to the statute, those cases will be certified to juvenile court.

28. What authority do you exercise with regard to contempt?

If there is a pro forma showing of contempt, I have the authority to certify the matter to the district court for an evidentiary hearing.

29. What if the action is a violation of a recent order by the judge? Does the matter have to come before the Commissioner for certification before it can be taken to the judge?

Yes, the matter needs to come first to the Commissioner.

30. Do you hear Motions for Summary Judgment?

Yes.

31. What if the matter is taken under advisement and quite a bit of time has elapsed? Do we need to file a document, or is a call to the clerk sufficient?

I try to avoid delays, but if it seems to be taking longer than you would expect, call the clerk.

32. What complaints or concerns do you see with the practitioners who appear before you?

They have failed to discuss the case with opposing counsel before coming to court.

33. What should practitioners do to improve their representation?

PREPARE

34. Do you sanction attorneys for abuse of process?

Very rarely.

35. Do you sanction attorneys for inappropriate courtroom behavior?

I have never been in a situation where it was necessary.

36. What should attorneys do when a child emancipates and the child support is automatically adjusted?

Attempt to resolve the issue through a stipulation.  If that does not work, file a petition to modify with a motion and notice it for hearing on the law and motion calendar.

37. What types of evidence do you expect to see in cases in which a non-guidelines support amount is requested (i.e. the incomes exceed the guideline table, the parties have more than 6 children, there is a disabled child for whom one party is requesting support beyond the age of graduation)?

I would expect almost the same evidence as that needed to establish alimony, i.e. needs, ability to meet the needs of the child, the ability of the other party to meet those needs.

38. What problems do you see in pleadings?

Counsel requesting relief in the wrong form of pleading such as requesting relief through an OSC that would properly belong in a petition, or pleading for relief in affidavits.

39. In Orders?

If there is any question about what was ordered, counsel should get the audiotape.

40. Do you have any special concerns (pet peeves)?

Parties who refuse to even attempt settlement prior to coming to court.

41. Do you have any concerns about ethical issues you see?

Yes. Some attorneys are assuming a hired-gun role and are taking obviously unreasonable positions in court and with their clients.

42. Do you require an Order to Show Cause for contempt?

Yes.