Justice Court Report Table of Contents
This report may be downloaded in a Word format.
Utah Family Court Task Force
Final Report To The Utah Judicial Council
December 16, 1994
Published by The Administrative Office of the Courts
230 South 500 East Suite 300
Salt Lake City, Utah 84102
(801) 578-3800
I. Table of Contents i
A. Formation of Task Force 17V. Need for a Family Department 25
B. Models Considered 17
C. Input Process 18
D. Modifications of Preliminary Recommendations1. Effective DateE. Report Nomenclature 20
2. Assignment of Judicial Applicants to the Family Department 20
A. Unique Nature of Family Disputes 25VI. Cases Assigned to the Family Department 33
B. Lack of Delay in Utah Trial Courts 26
C. Fragmented Jurisdiction 26
D. Multiplicity of Cases Affecting a Family 27
E. Specialization 27
F. Improve the Delivery of Justice to Families 281. Improved Case Management 28G. Conclusion 30
2. Improved Information 29
3. Improved Coordination of Cases and Services 29
4. Nonadversarial Procedures 30
A. Cases Recommended 33VII. The Family Department and the Delivery of Services 39
B. Cases Not Recommended 351. Intrafamily Crimes 35
2. Minor Traffic Offenses 36
A. Family Department as a Court of Law 39VIII. Family Department Organization and Operations 49
B. Dissolution of the Marriage 39
C. Delivery and Coordination of Services 401. Introduction 40
2. Advocacy for Services 41
3. Delivery of Services 42a) Services in the Marketplace 434. Alternatives 44
b) Services within State Government 43
c) Employee Services or Contract Services 43
5. Separation of Judges from Program Supervision 45
6. List of Programs 45
A. Department of the District Court 49
B. Permanent Judge Assignment 501. Burnout 50
2. Fiefdoms 51
3. Equivalent Departments 51
4. Generalist Judge 52
5. Disadvantages of Rotation 52
6. Impediments to Calendar and Case Management 52
7. Advocacy for Programs 53
8. Alternatives to Rotation and Permanent Assignment 53
9. Recommendation: Permanent Assignment 54
C. Administration 541. Judicial Council 55
2. Board of Judges 55
3. Presiding Judge 55
4. Statewide Administrator 56
5. District Executive 56
6. Clerk of the Court 56
D. Operations 56IX. Transition to a Family Department of the District Court 811. Case Management 56a) Case Management Objectives 562. Enforcement of Court Orders 63
b) Case Management Functions 57(1) Clerical 57
(2) Screening 58
(3) Case Coordination 59
(4) Service Coordination 60
(5) Information to Parties 62
(6) Training for Case Managers 62
(7) Periodic System Evaluations 63
3. One Family -- One Judge: Direct Calendaring 65a) Master Calendar 664. Mediation of Domestic Disputes 69
b) Individual Calendar 66
c) Direct Calendar 66
d) Guidelines for Direct Calendar Case Assignment 69a) Promise of Mediation 695. Public Trial and Records 73
b) Process of Mediation 70
c) Concerns about Mediation 71
d) Qualification of Mediators 72
e) Other Methods of Alternative Dispute Resolution 72
6. Appeals 76
7. Hours of Operation 76
8. Facilities 76
9. Rules of Procedure 77
A. Local Planning 81
B. Incumbent Judges 811. Self Selection of Assignment 82C. Incumbent Court Commissioners and Staff 84
2. Rotation 82
3. Recommendation: Prospective Application of the Family Department 82
X. Family Department Caseload 87
XI. Appendix A: History of Utah Juvenile Court Studies 91
XII. Appendix B: Family Court Features of Other States and National Standards 95
A. Other States 95
B. ABA Standards Relating to Court Organization 96
C. National Council of Juvenile and Family Court Judges 97
D. Family Courts: An Effective Judicial Approach to Resolution of Family Disputes by Robert W Page 99
XIII. Appendix C: Bibliography 101
I. Task Force Members
James B. Lee Parsons, Behle & Latimer Task Force Chair |
Hon. Judith M. Billings Utah Court of Appeals Task Force Vice-Chair |
Hon. J. Mark Andrus Second District Juvenile Court |
Hon. L. Kent Bachman Second District Juvenile Court |
Frederick N. Green Green & Berry |
Hon. Leslie A. Lewis Third District Court |
David E. Littlefield Littlefield & Peterson |
Hon. Gordon J. Low First District Court |
Hon. Sharon P. McCully Third District Juvenile Court |
Rosalind J. McGee Citizen Representative |
Russell Y. Minas Mooney & Associates |
Mary T. Noonan, Director Division of Family Services |
Hon. Frederic M. Oddone Third District Juvenile Court |
Hon. Boyd L. Park Fourth District Court |
Grethe B. Peterson Citizen Representative |
Hon. Sandra N. Peuler Third District Court |
Kim Rilling Rilling & Associates |
Hon. Joanne L. Rigby Salt Lake County Justice Court |
Craig M. Snyder Utah Bar Commission |
Hon. Louis G. Tervort Sixth District Juvenile Court |
Billy L. Walker Office of the Attorney General |
Roy W. Whitehouse Court Executive Third District Juvenile Court |
Kellie F. Williams Corporon & Williams |
|
Timothy M. Shea Task Force Counsel |
Vihn Lee Task Force Intern |
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.