Utah Court Rules – Published for Comment
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Posted: March 29, 2007
CJA 11-202. Judges pro tempore. Amend. Requires 5 years minimum experience to serve as a small claims judge pro tempore. Requires initial and continuing education in small claims cases. Expands background check. Permits the Supreme Court to appoint a justice court judge or a court commissioner as a judge pro tempore for up to 5 days. Proposed Effective Date: November 1, 2007.
I have served as a Judge pro tempore for over 20 years. I am not sure why there is a need to have practiced law for 5 years or more to be a pro tem. I think a recent graduate probably has knowledge on more areas of the law, than someone who has practiced longer. Invariably, over time we forget areas that we do not work in. Besides, won’t it make it that much harder to find volunteers willing to be pro tems?
As a judge pro tempore, I strongly feel that the responsibility of the position is such that annual mandatory training and miminum practice requirements should be in place. Justice is not served, and the court’s integrity is not maintained, when a decision issues from a judge pro tempore who has little or no procedural and substantive training.
I think this is a positive rule change. With the increased jurisdictional limit and the variety of cases coming before small claims courts, having a little more experience isn’t a bad thing.
I support continuing education aimed at small claims court as well. I’m not sure 3 hours annually is necessary, if the materials can be adequately covered in less time. I’m not opposed to that number.
I presume at least part of the CLE will be on the canons of judicial conduct and/or other ethical considerations. Aside from the importance of the topic, practitioners sometimes have difficulty getting the requisite ethics CLE hours, and this will help with that as well.
I agree with RLong, minimum practice requirements should be in place