Courts, or Glorified Collection Agencies?

Kangaroo Justice Courts are headline news today, thanks to this morning's Standard-Examiner article. Ogden City has received approval from the state to open a justice court in July 2006, John Wright reports. The projected cost is now "about" $2.4 million, compared to the mere $600 thousand that was projected only four months ago. "Funding options" seem to be focused on (what else?) sales-tax revenue bonds to be repaid over 20 years, as opposed to the 15 years that were previously reported. This should come as no surprise at all for Ogden citizens or avid gang-of-six watchers. The gang-of-six are big-league schemers; and big league schemes always cost a whole lot more than minor-league schemes, and of course take a whole lot longer to pay off. Faithful readers will recall that this topic has been previously discussed here, of course.

We should all rest assured that this scheme will be a big *money-maker" for the city, thanks to revenue from fines, fees and security surcharges that will be mercilessly extracted from we townsfolk -- a virtual "cash cow" according to Ogden City Administrator Mark Johnson.

Approval was actually granted in July, but for some unknown reason the matter has been kept on the "back burner" until November 10, two days after the Ogden City municipal election, wherein three of the six gang of six council seats are up for grabs. The inopportune scheduling has nothing at all to do with election politics, Council Administrator Bill Cook assures us, presumably with a completely straight face.

There are also several interesting story subcurrents.

First, it seems that Standard-Examiner, normally the slavish apologist for everything the gang-of-six says and does, has taken action resembling something actual professional journalists would do. The Std-Ex, it is reported, has lodged a formal GRAMA request, seeking public release of the Administration's "secret" working papers. I know I'll be sitting on the edge of my seat, wondering how vigorously the Std-Ex editors will pursue this formal process. They're making sounds as if they're at least trying to fulfill their journalistic obligation as our home-town newspaper. It will be interesting to monitor their follow-though. We should all cheer them on from the sidelines, I think.

Secondly, it seems that the entire legal foundation of Municipal Municipal Justice Courts remains in some doubt. Mike Martinez, a Salt Lake City attorney, argued a case before the Utah Supreme Court on October 3, asserting that Utah's municipal courts exist in violation of the Utah Constitution, because they are not independent of local government officials, and are not a part of the state judicial branch of government. The case has been taken under advisement, and a Supreme Court decision is now pending. For a great write-up on this interesting legal wrinkle, our gentle readers can click right here. For eye-opening reading on how this justice court scam works in the real world, you can check this article out.

And our gentle readers may ask, "What are justice courts anyway?"

They're operated by cities and counties They handle class B and C misdemeanors - including the majority of the state's drunken-driving charges, ordinance violations, small-claims cases and infractions, such as traffic tickets. Municipal Justice Courts operate under the direction and control of city government -- NOT under the supervision of the Utah Supreme Court, unlike "real courts" in this state.

And "Who are the judges?"

County justice court judges are hired by a county commission, but go before voters in retention elections every four years. City judges are appointed by city officials to serve four-year terms, and never face voters. The judges are not required to be attorneys, either. Only one-quarter of the state's justice court judges are lawyers. All justice court judges must attend 30 hours of judicial education each year to remain certified though. According to attorney Martinez's research, municipal justice courts boast a conviction rate of 99% -- CASH COWS INDEED!

Municipal Justice Courts: Kangaroo Courts or Real Courts?

Is this really something we want in Ogden City?

What say our gentle readers about this?