Comments of Chief Justice Christine Durham misleading

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I read with great interest the comments of Chief Justice Durham regarding justice courts ("Justice courts should stay in cities," Jan. 22). I have great respect for Justice Durham, but her comments are somewhat misleading.

Utah's justice courts handle nearly all traffic violations. Chief Justice Durham complains of a "perception" that justice courts are "revenue generators" by noting that justice courts generated $72 million in revenue in 2007 and are expected to generate $84 million in 2008. Here is why that statement is misleading: Those revenues are a direct reflection of traffic citations written by local, county and state law officers. A statewide bail schedule, set by a statewide bail commission, is used to set fines. If you are charged with speeding 10 mph over the limit in Panguich, Salt Lake City or Hyrum, you will pay $82. (By the way, that figure used to be $50, until the state of Utah added a $32 surcharge for every traffic violation.)

I prosecute in three justice courts. And in virtually all traffic cases, the bail schedule fine is assessed. In speaking to other prosecutors, this is true on a statewide basis. Fines have been, and continue to be, the most effective method to control traffic violations. Is there some other alternative to check aggressive driving, speeding and uninsured drivers? Should we not fine $82 for speeding or improper lane travel? Should we not fine $400 for not having insurance or $300 for driving when your license is suspended?

These are bail schedule fines. Thus, in an era of careless and irresponsible driving, which we see in today's society, when tickets increase, revenues increase. This is not a function of whether the fine is collected by a justice court or a district court. That notion is misleading. Revenue will decrease only when citizens decide that safe driving is important and that violations of law are not worth the fines imposed. My children get tickets too -- and they often deserve them. It's a great lesson in responsibility.

Justice Durham's remarks were made for a reason. Sen. Lyle Hillyard, R-Logan, has introduced a bill mandating state control of the selection, retention and income of justice court judges. This change will result in the closure of many local justice courts because, unlike the state of Utah, municipalities are not obligated to sponsor courts. Many will simply close their courts. We will return to the "good old days" when you drove to the county seat to see a state judge to contest your citation. How unfortunate for the local citizens of Utah.

Nielsen is city attorney and prosecutor for North Salt Lake, West Bountiful and Woods Cross.

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