Members
Present: Chief Justice Michael D. Zimmerman Hon. Pamela T. Greenwood Hon. Robert Braithwaite Hon. Rodney Page James C. Jenkins, Esq. Hon. John Sandberg Hon. Kent Nielsen Hon. Stephen A. Van Dyke Hon. Anthony W. Schofield Hon. Anne M. Stirba Hon. Leonard H. Russon Hon. Jerald Jensen Members Excused: Hon. Joseph
Jackson
|
Staff
Present:
Daniel
J. Becker
Guests:
Winslow
Johnson
|
Welcome and Approval of Minutes:
Motion:
A motion
was made by Judge Stirba to approve the minutes as amended. The motion
was seconded and carried unanimously.
Report
from Chair:
Efforts
by some legislators are still being undertaken to amend the Judicial Nominating
Commission Rules. Ongoing discussions regarding this issue, with those
legislators and the Governor will take place during the course of this
year.
To assist
with the ever increasing administrative duties borne by the Chief Justice
as chair of the Council, Chief Justice Zimmerman has delegated his duties
as chair of the Management Committee to Judge Pamela T. Greenwood. The
Chief Justice will continue to serve on the committee.
Court
Administrator's Report:
An Alternative
Work Arrangement Committee has been named by Dan Becker. The committee
has been charged with reviewing alternative work arrangements for employees,
i.e., increased use of flex time, non-traditional work weeks, telecommuting
and alternative work sites. Larry Gobelman, Third Judicial District Court
Executive, has been named the chair of the committee. The committee has
been asked to complete their work within six to eight weeks.
Judge Philip
K. Palmer has announced his pending retirement which will be effective
November 1, 1997.
The Bountiful
Courthouse was officially opened on April 23, 1997. The facility has adequate
room to accommodate additional growth.
On April
8, 1997, the Murray City Municipal Council passed, approved, and adopted
a resolution declaring Murray City's intention to create a municipal justice
court has been rescinded.
The Utah
State Building Board, based upon an allocation from the Legislature, approves
improvement and renovation projects for State Government. This year the
courts received $270,000 for several projects.
Recently,
the Human Resources Department analyzed 3 7 job classifications which were
not included in last year's salary survey. The survey results are as follows:
a) 18 job classifications require an adjustment to a higher range; b) 16
job classifications are in competitive salary ranges; c) three job classifications
are higher than current market ranges. Of 94 employees affected by the
survey 69 employees require an adjustment to a higher range and 25 employees
are in competitive salary ranges. Out of employees requiring a range adjustment
there are 68 that require a 2.75% salary adjustment and one employee that
requires a 5.5% salary adjustment.
The implementation
costs for FY98 are estimated at $41,184 for salaries; and $9,061 for salary-
based benefits for a total of $50,245.
The objective
of the salary survey is to bring pay ranges within one pay grade (5.5%)
of current market ranges. Implementation includes the commitment that jobs
will be surveyed every three years.
Judicial
Council Sub-Committee Reports:
Management
Committee Report:
The Management
Committee approved the following judges to serve as tax court judges: Hon.
Pat B. Brian, Hon. Glen R. Dawson, Hon. Lynn W. Davis, Hon. Guy R. Burningham,
Hon. Jon Memmott and Hon. L.A. Dever.
The Salt
Lake County Bar is sponsoring an art contest. Once the winning artwork
is announced, the bar is requesting that the art be displayed in the Scott
M. Matheson Courthouse. Management Committee members voiced their support
of the program but believe that the courts should not become the owner
of such artwork.
Policy
and Planning Committee Report:
Judge Burton
indicated that the minutes are reflective of the last Policy and Planning
meeting.
Ethics
Advisory Committee Update:
Brent Johnson
provided a brief report to the Council on behalf of Hon. Gregory Orme,
Ethics Advisory Committee Chair. The Ethics Advisory Committee issued three
informal opinions in 1996 which addressed the following questions: a) Should
a judge of a justice court designated as full-time in the Judicial council's
certification process be prohibited from the practice of law under Canon
4G? b) Does Canon 3E of the Code of Judicial Conduct require disqualification
of a trial judge in every case where a court employee or a member of the
employee's family is a party? and c) Must a judge enter disqualification
in a case in which the attorney representing one of the paries has represented
another client in a previous suit against the judge? Similarly, must a
judge disqualify him or herself in a case where the attorney representing
one of the parties represented another client in presenting a complaint
about the judge to the Judicial Conduct Commission? The Committee answered
questions one and two in the affirmative and question number three in the
negative.
FY97-98
Commissioners' Salaries:
By rule,
the Judicial Council reviews and establishes the salary of commissioners
each year. The court reviewed what the Legislature appropriated for judges
and for staff. Judges received a I% salary increase and staff received
a 2.67% cost of living increase. The Management Committee of the Council
recommended that the Judicial Council approve an increase of 2.67% to commissioners'
salaries.
Motion:
A motion
was made by Judge Stirba that the Judicial Council approve a 2.67% increase
in commissioners' salaries. The motion was seconded by Judge Jensen and
carried with one opposing vote.
Motion:
A motion
was made by Judge Jensen that the Council approve the inclusion of commissioners'
salaries with those of employees for the purpose of budget planning by
Dan Becker. The motion was seconded by Judge Page and carried unanimously.
Juvenile
Board Update:
Hon. Kay
A. Lindsay, Chair of the Juvenile Court Board, was present to provide the
Judicial Council an update on the Board's activities. Recently, the juvenile
court judges had a conference in St. George which provided an opportunity
for discussion of funding for implementation of sentencing guidelines.
John McNamara
and Mike Phillips have discussed the needs of juvenile offenders throughout
the State of Utah with numerous probation officers and have ascertained
that there is a need for family intervention, counseling, psychological/interactive
classes, monitoring of juvenile offenders' time, and a school component
catering to the offender's particular style of learning.
An issue
brought to the attention of the Board of Juvenile Court Judges is that
of ex-parte communication by judges with probation officers. Judge Lindsay
indicated she would like direction on this issue by the Judicial Council.
Members of the Council suggested the Board of Juvenile Court Judges request
an informal ethics opinion from the Ethics Advisory Committee.
Members
of the Council expressed their appreciation to Judge Lindsay for her presentation
on behalf of the Board of Juvenile Court Judges.
Justice
Court Study; Membership & Charge,
On behalf
of Peggy Gentles, staff to the Justice Court Study Committee, Richard Schwermer
reported on proposed membership of the Justice Court Study Committee. Mr.
Schwermer referred to the names of individuals recommended to the Management
Committee at their last meeting. The Management Committee approved the
recommendation of proposed members and a suggestion was made that Judge
Anthony Schofield chair the committee. Council members discussed the merits
of having varying points of view represented on the committee.
Motion:
A motion
was made by Judge Page to approve composition of the committee with the
addition of a second member of the defense bar and Judge Anthony Schofield
serving as chair. The motion was seconded by Judge Jensen and carried unanimously.
The charge
of the committee is set by legislation and includes the following issues:
a) exclusive jurisdiction; b) promote stability of planning and revenue;
c) judicial independence; and d) equitable distribution of revenue.
Video
Pilot Program:
Tim Shea
reported that the rules of the Judicial Council permit a court to provide
an overflow room from which the public can observe trial court proceedings
on monitors. The rule effective, April 1, 1997 and approved by the Judicial
Council prohibits the signal transmitted to the overflow room from being
recorded except as part of a pilot program approved by the Council.
The Policy
and Planning Committee approved the following guidelines for the pilot
program: a) recording facilities shall be built, equipped, and maintained
at no cost to the state; b) the signal to the overflow room shall not be
broadcast or transmitted, such as to a broadcast vehicle or broadcast center;
c) the overflow room may be used to observe and record proceedings for
which a video recording system (or an audio portion of the video system)
is used to maintain the record. However, the overflow room may be used
to observe but not record proceedings for which a video recording system
is not used to maintain the record; and d) to ensure that recordings can
be made only as authorized, the signal from the courtroom to the recording
devices shall be capable of being blocked without blocking the signal to
the monitors.
Motion:
A motion
was made by Judge Stirba that the Judicial Council approve the creation
of a pilot program consistent with the proposed standards approved by the
Policy and Planning Committee, that the pilot program be within the Third
Judicial District, that the program commence as soon as possible after
the move into the Scott M. Matheson Courthouse, and that other districts
be allowed to seek joinder into the program upon approval by the Council.
The motion was seconded by Judge Page and carried unanimously.
Grant
Requests:
Holly M.
Bullen presented three grant requests to the Judicial Council. One grant
request was from the Fourth Judicial District requesting funding to pay
the salary of a Victim Coordinator position in that district. The other
two requests are from within the Third Judicial District; one is a grant
renewal for further development of the "Victim Coordinating Office" and
the other request is for funding victim related programs.
Motion:
A motion
was made by Judge Jensen to approve the request for the grant proposals
with the understanding that by approving the request the Judicial Council
is not binding itself to specified programs which may require financial
assistance in the future. The motion was seconded by Justice Russon and
carried with one opposing vote.
Fourth
District Drug Court:
Utah County
has applied for and received a drug court planning grant in the amount
of $19,000. Utah County would like to use these funds to allow judges to
attend out of state training conferences. A representative from the county
has requested that district court judges be involved in the training process.
Judges Lindsay (Juvenile Court), Harding, Stott and Howard (District Court)
have expressed an interest in attending these training conferences.
Motion:
A motion
was made by Judge Anthony Schofield that the Judicial Council authorize
Fourth District Court judges' involvement in the drug court study. The
motion was seconded by Judge Van Dyke and carried with two opposing votes.
Judge Jensen
stressed the importance of a review of the language of the Judicial Council's
own rules dealing with specialized courts.
Adjourn:
There being
no further business, Chief Justice Zimmerman adjourned the meeting.