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SALT LAKE CITY (AP) -- The Utah Supreme Court has upheld the state's municipal court system -- for now.
Attorney Mike Martinez had argued justice courts are unconstitutional, and that municipal judges can't be impartial when they are hired and fired by the cities and counties they serve.
Municipal courts handle class B and C misdemeanors, including the majority of the state's drunken-driving charges, ordinance violations, small-claims cases and infractions.
In a unanimous ruling issued Friday, the high court said it couldn't fully consider the constitutional attack due to "completely deficient briefing and lack of evidence" from Martinez. He represented a West Jordan man appealing his convictions for driving without insurance and failure to appear in court.
But the justices made clear the issue isn't dead, while commending a brief filed by the Utah Association of Criminal Defense Attorneys.
"We are not foreclosing future challenges to the validity of the justice court scheme, and in fact, we encourage the Legislature to give serious consideration to some of the arguments raised in the amicus brief," wrote Justice Jill N. Parrish for the court.
"It is theoretically possible that a justice court judge may be unable to exercise his judicial functions with the necessary impartiality because of pressure to generate revenue for his municipal employer," they added, "or that a municipal government may exercise such control over its justice court that it violates fundamental principles of separation of powers."
But a successful challenge will require "specific evidence and cogent legal argument," the opinion said.
Attorney Kent Hart, who wrote the defense association's brief, said his group contends the primary motivation to start justice courts is a financial one.
"This opinion is as much directed at the legislature as it is directed at the justice courts themselves, because the legislature has created a scheme where the cities have incentive to establish courts as money makers," he said.
"These courts will only remain in operation if they produce enough revenue . . . not just to support the court, but to make it a worthwhile endeavor," Hart said.
A new eight-member committee is reviewing justice court rules and the selection and retention of justice court judges. Made up of Utah Judicial Council representatives, two justice court judges and state court administrators, the committee was set up earlier this year. It also is charged with identifying any improvements that could be made through legislation.
(Copyright 2006 by The Associated Press. All Rights Reserved.)
