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TAYLORSVILLE, Utah (AP) -- The city of Taylorsville has filed a lawsuit against of its own justice court judges.
The suit was filed yesterday by Lorenzo and Lohra Miller, prosecuting attorneys for Taylorsville. They claim Judge Michael Kwan broke the law when he refused to dismiss a D-U-I case that should have been heard in a higher court.
Last March, Kristine A. Schofield was arrested and charged with D-U-I. Her blood alcohol content was more than four times the legal limit. She pleaded not guilty to the D-U-I charge.
According to the lawsuit, Schofield's not-guilty plea and prior history of D-U-I arrests, lead the prosecutor's office to refer the case to the Salt Lake County District Attorney's Office for felony prosecution.
However, the suit states, Judge Kwan intervened and ordered Schofield to stand trial in Taylorsville on the lesser misdemeanor charge.
Lohra Miller says when people commit multiple D-U-Is, they need to be prosecuted as a felony, not misdemeanor.
(Copyright 2005 by The Associated Press. All Rights Reserved.)
