Three interesting news and editorial items in today's Standard-Examiner edition. We'll highlight the first with some commentary, and reel off the latter two in brief.
Standard-Examiner favors kangaroo courts. Over the years we've devoted substantial electronic ink to the problem of justice courts in Utah. As city and county agencies operating outside the structure of the state judicial system, under the sole direction and control of city and county governments, these historic relics of the early American frontier have developed a terrible public reputation for unfairness, and outright corruption.
We reported in August that the Utah Judicial Council had formulated a legislative proposal, which would include the following justice court system reforms:
If the proposals are approved, justice court judges would be employees of the state, rather than of the local governmental entity, and would receive the same annual salary. They would serve six-year terms, be subject to a retention vote in the general elections and be required to have at least a four-year college degree.We believe the above reforms, which will substantially increase municipal justice courts' independence from revenue-minded local officials, is just what the doctor ordered for Utah.
All would work full-time as judges, with the option of part-time work eliminated. That requirement would shrink their ranks to about 58, from 108 full-time and part-time jurists who currently serve.
The changes would be adopted over nine years, with sitting judges grandfathered into the new system in some instances. In addition, many of the affected jurists will have retired or completed their current appointments by the end of the transition period in 2016, according to Judicial Council staff members.
Predicating their argument on the highly questionable ideological notion that "local control" is always best, The Std-Ex this morning however differs with us, in this morning's editorial. "Don't fiddle with local courts," is the Boss Godfrey House Propaganda Organ's editorial position on this matter this morning; and we think this excerpt sums up their argument best:
The Utah League of Cities and Towns as well as the Utah Association of Counties are opposed to implementing the recommendation. It makes sense, since the move to state control would affect local power and, perhaps, the flow of money into city coffers. [Emphasis added]We think the Std-Ex editors inadvertantly hit the nail squarely on the head; and we're not surprised that they sided with the ULCT and UAC. Municipal and county governments have a danged good thing going with their justice court cash cow. Why "fiddle" with a great municipal government scam, when it seems to be working so well?
Foxes guarding the foxes. We direct our readers' attention to this morning's Std-Ex op-ed piece, originating with the Washington Post. In the federal legislature's newest foray into ethics reform it seems the latest congressional plan calls for establishment of an independent Office of Congressional Ethics. Will congress get serious about real ethics reform this year? Will they consent to appointing and indpendent agency, to put their membership's feet to the fire? Somehow... we don't believe we'll bet the farm on it.
2008 legislative session preview. For those keen on following Utah legislative action, we link this morning's Std-Ex story, spotlighting some of the new legislation expected to be introduced during the 2008 session.
That's it for now folks. Don't let the cat get your tongues.
16 comments:
ON the SE's Justice Courts:
The editorial, I think, overlooks an important point. It is obviously necessary that decisions in any courts, including justice courts, be rendered impartially and fairly without regard to revenue consequences for the cities involved, or political favoritism. No argument on that. But it is also important that the public perceives the Courts to be operating fairly. And so long as the justice court judges are locally appointed by elected officials, and so long as the fines assessed by them flow into coffers controlled by the elected officials who appoint them, there will be the suspicion of collusion and political influence on the courts. It is not just a matter of people trying to wiggle out of traffic tickets. And it doesn't seem any more likely the whacko red light running speeders with which Ogden is sadly abundantly supplied will be able to beat tickets before a state-paid judge than a locally paid one.
The SE editors do have one good point, I think: it is up to the people advocating the change to establish that it is (a) needed and (b) will achieve the ends desired. The SE argues that absent evidence of judicial abuse by locally appointed and paid judges, no changes should take place. That's a little too strong, but the underlying point is a sound one. Can advocates for the change show that it has worked well in other places? Have there been unanticipated consequences of such a change in other states that have done it? Has the reform, where it's been enacted, corrected the many many problems other states have had with locally-appointed, operated and overseen justice courts? [I am most familiar with the problems NY State has had, where the Justice Courts are and have been a scandal for decades, but where local Court House gang representatives in the state legislature ---- mostly from upstate NY and so, naturally, Republicans --- have blocked all significant reform.]
It is incumbent on those who want to make the change to do the research to establish (a) the need and (b) that the reform will probably achieve the desired ends. And to do that research first as part of the legislative process.
Actually, I'm delighted to see the SE calling editorially for "research first, policy second". Now if they'd just apply the same standard to things like flatland urban gondolas....
The Standard is out of touch with the people, out of step with the times, lacking in any moral compass and peopled by a bunch of hacks that are desperately trying to hold onto their jobs, and so called careers, in a dying company in a dying industry. Their client base is literally dying as well!
Their editorial this morning proves the point. In this piece of drivel they attack the notion of having the local courts not stay local and become responsible to the State Judiciary.
In this sorry assed editorial they completely ignore the underlying reason that the proposed changes are being made. That of course being the fleecing of the citizenry in kangaroo courts administered by lackeys of bush league tyrants like Godfrey and tin horned hacks like Greiner and Williams.
These so called "Justice Courts" are about as far from true justice as you can get. They are all about how much money they can extract from people and every one knows it. Yet here is the irrelevant Standard, in their full propaganda mode, telling us the proposed changes in local courts has nothing to do with money but really is about inter government jealousy and control.
This kind of nonsense from the alleged finest brains of the Standard is one of the reasons they are going the way of the long knives.
"It is incumbent on those who want to make the change to do the research to establish (a) the need and (b) that the reform will probably achieve the desired ends. And to do that research first as part of the legislative process."
Good point, Curmudgeon, but I think we need to suppose the Judicial council already had access to sound statistical evidence, as will the legislature when the proposed legislation comes up for deliberation in the legislature.
Check out the Salt Lake Tribune Story again, referring to data complied by SLC attorney Mike Martinez:
"Martinez points to statistics he has submitted to the court. In West Jordan in 2002, Martinez calculates about 12,744 traffic cases were resolved. Of those, 8,376 people forfeited their bail and 3,468 pleaded guilty, he says. In the 120 traffic ticket trials Kunz presided over, no one was found not guilty.
Martinez has similar numbers for the same year in other jurisdictions including Murray, Sandy and Taylorsville. A 2003 report on Salt Lake City's justice court found higher collections of fines and fees and greater conviction rates than the state-run district court, he said."
I spoke with Mr. Martinez several times during the summer of 2005. Justice court injustice is truly "his baby." He's been compiling comparative statistical data for years; and I'd strongly suspect he furnished his info to the Judicial Commission. With his several appearances before a Utah Suprem Court on this issue, he's on a first-name basis with most appellate judges.
In the final analysis though I think you got it right with this:
"But it is also important that the public perceives the Courts to be operating fairly. And so long as the justice court judges are locally appointed by elected officials, and so long as the fines assessed by them flow into coffers controlled by the elected officials who appoint them, there will be the suspicion of collusion and political influence on the courts. It is not just a matter of people trying to wiggle out of traffic tickets."
What it boils down to is whether our courts should demonstrate the highest ethical standards.
So long as Utah justice court systems operate in a manner which raises the reasonable inference of "potential" conflict of interest, they will never have the confidence of the lumpencitizenry, regardless of the condition of the statistical data.
Of all public institutions, our court systems should most depend upon the public perception of neutrality.
So long as local justice court judges serve "at the will" of local mayors and county commissions, that ideal can never be achieved.
Where will GONDOLA scuffles, in-car urinations, acts of vandalism, gang rapes, drug use, and consumption of vegetable complements other than onions be adjudicated?
Jason
In the great Gondola Courts of the Land Of Oz, that's where.
This new court will be started as soon as practical after Lord Godfrey completes his inner solo and personal channeling with God on the subject.
One thing for certain, the In-Car urinations will be dealt with using the full force of the Law.
You must never forget that Lord Godfrey has Chief Greiner's personal cell phone number and arrests will be made before the urine is even dry.
And by the way, Matt Jones will not be allowed to ride even if he is able to prove he is without urine.
True to Lord Godfrey's true nature, signs will be prominent at all Gondola entry points saying: Piss off Ogdenites.
So what's the big f'n deal channel four? I speak to God every day! He sayeth to me that 49.8% of the voter of Ogden are full of crap and their votes don't count and that I should just go on doing what I have been cause I am the chosen one to bring the people to the promised land by way of a penny arcade, a bowling alley, a water attraction and some pretty cool eating joints that don't even need real plates and silverware. (My legacy so to speak)
The Tire-estial Kingdom (TK - that's what we in the CK call you peonies in Tourist Klass) is just for you losers anyway. But, because there is so many of you we included the day glow miniature golf deal so you don't go away from this earth feeling empty handed. (See how magnanimous I am Sharon - in spite of what you tell everyone about my miniature (tiny) endowments.)
So from me and my 50.2% of the voters I can honestly say to the rest of you crapolas out there - Kiss my holy arse! And by the way, for all of you that claim I am divisive, all I can say is you too can snuggle up, pucker up, and put your lovely little lip prints on my rosy white cheeks. You see, and Curmudgeon can confirm this, in our way of doing things here in the good ole USofA if I get one vote over 50%, the rest of you can go to hell and visit your grandma's. It is called Demo-crazy and it means that I am the decider regardless of how stupid, inane, dishonest and corrupt I want to be on any given day.
From this day forward let it be known throughout the land that I am no longer short in stature or moral bearing. I am a giant amongst midgets and I can single handily kick any one in this town's ass at lying, manipulating and surf riding.
Justice courts in San Juan County and the rest of Southern Utah take pride in their fleecing of the very tourists that bolster their rural economy. They routinely shake down recreational types with snowboards, kayaks or mountain bikes on their cars. I was shaken down by an overzealous San Juan deputy 10 years ago at midnite for a dim license plate lamp. His first words as he appeared at the window were "what are you hiding?" He proceeded to search the car under the pretext of protecting "all of us from any weaponry I may be carrying." I had no weaponry. He then pretexted an extended search by claiming he smelled mary ju hana. After finding a miniscule personal use quantity he spoiled a snowboarding trip for my son and I by taking me in and conveniently relieving me of the only $800 I had to my name at the time. After posting that bail I could rejoin my son in the lobby and get a motel til I could get the car out of impound in the morning. In the AM I walked in to visit a judge and attempt to regain some of my stolen money to no avail. My surrendered bail would be my fine. I was free to go. How convenient. I let the judge and the sheriff know how proud they could be that folks in my area of Arizona could tell many tales of similar unwarranted intrusions in to personal privacy. Their county was and still is notorious for violations of rights and for trumped up probable cause.
They clean up on these procedures. Godfrey's little traffic initiatives are child's play compared to the big league reaming the southern Utah Justice courts administer daily to unwary travelers. The state tourism agency would do well to admonish these hicks for their ignorance and stupidity.
Tec:
There are some websites... I think AAA may operate one... in which notorious speed traps are listed state by state and town by town. [Notorious ones in Louisiana that everyone local knew about were there last time I checked, which was some years ago.]
I agree you were stopped on wildly trumped up charges, Tec --- I've never heard of anyone being pulled over for "dim license plate bulb" --- but, beyond that..., well, Tec, you were carrying. That kind of put all the pieces on Trooper Knuckle Dragger's side of the board, didn't it? When you're traveling through the Great American Heart of Darkness [which includes all of Texas, most of Oklahoma, and all of Louisiana outside of New Orleans and Baton Rouge, and, apparently, southern Utah as well], best not to give the yahoos anything to work with, seems to me.
In retrospect the $800 was well worth the opportunity to bend the ear of the deputies for a couple of hours through booking on cannabis issues and personal freedoms. The judge was a nice enough guy who met with me in his office for nearly an hour to chew the fat on these same issues. I assured him that I would proudly continue cannabis use, expose my children to it and smoke it in his county the next time through. Deterrence is not an option to those of us committed to exercising our constitutional freedoms.
You friggin pot heads are gonna screw up this web site just like you polluted Southern Utah, aint ya!
Get a clue, get high on Jesus like me. they sure as shit aint going to bust for being high on Jesus are they? they aint going to bust for a little Jesus residue are they? That's all I got in my life and I sure as hell aint gonna get busted for it, am I?
JJ
Yes, but can you roll Jesus in a tight joint, or do you have to do him in a bong?
Mr. Tec
your soul is in danger.
Mr. Jones
You are going to hell for sure.
Mr. Bongster
You too are heading to hell on a greased rail for your revealing our old insider lingo about "bongs". (nobody in my waard knows about bongs, and nobody in my waard knows that I know about bongs)
You all make great fun of taking pokes at my precious, up right, holy, rightous little dick head son in law who's only sin is destroying Ogden's economic future and slapping around my daughter when she needs and deserves it.
For that you will all pay dearly in Purgatory where I will be presiding.
Ed,
My soul was in danger the day I was born. Catholic indoctrinarians spilt water on my forehead forever implicating me in the Original Sin.
I have committed my life to the rule of natural law. The moral code needs no written bylaws. The natural world provides all the guidance necessary to live righteously.
Believers must acknowledge that God did place cannabis on this planet as well as coca shrub, opium poppie, peyote, etc. To deny us the knowledge of the healing powers is counter to God's great plan. He WILL pass judgement on those who have denied access to his most powerful of healing herbs.
The Healing of the Nations grows abundantly in the fields and valleys.
Fascist powers have supplanted the natural healing elements with the wicked substances and consented to the silent addiction of the masses to Caffeine, Nicotine, Alcohol, and an encyclopedia of unpronounceable and unspellable synthetic concoctions. The most deplorable is the use of Ritalin on children by the evil school admins and cooperative numbskull parents. This assures a life of pharmaceutical drug usage for everything to the common cold to back pain. Only an overly-medicated society would elect fools like Bush and locally Godfrey. The Christian and Mormon God will not save us, he is complicit in this plan.
I'll add the shocking recent trend of energy drinks, LEGAL for children with massive doses of caffeine and guarana and other intoxicants. Does no one have a sense of reality? I've seen 5 year olds jacked up on this shit. Public schools are just now wrestling with denying sodas and candy in vending machines while trashy parents allow their trashy kids to stock up at 7/11 anyway on supplemental poisons. The corporate poisoning and uglification of our children annoys me to no end. Obese kids and their obese parents set the lowest standard of health and the crazy thing... we have free will to not be this way. So much for humans having the ability to make survivable choices for themselves. No wonder we have Big Brother. These drones wouldn't know which swill to toss down their sludge lined gullets without government approval.
Tec:
Is that you I am reading or does Tom Robbins post on the WCF under your handle?
We have Another Roadside Attraction here in OTown, but it's not The Corpse of The Christ, it's the tiny spawn of the devil and he's the mayor; his lieutenants ushering us into Sheol are named Geiger.
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