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Show yj&v J AMERICM r Farialti Ord.ir University of Utah Fait LQkeClty, C'112 Utah SALT LAKE CITY, UTAH VOLUME 16, NUMBER 241 Group Asks Legislature To Unify Utah Courts (FHviou Imom of The Dally Bee-ha- ve outlined flie efforts to create a unified court system In Utah and the stepa which could bo Immediately taken by the 1173 State Legislature. Now, this article outlines the suggested refornmendatlons to be Implemented between 1174 and 1178.) i By Daniel K. Cunningham Dally Record Columnist To create a unified court system In an orderly fashion, the Unified Cotfrt Advisory Committee of the Utah Legislative Council has suggested the following steps be taken over a five or six-yeperiod.' Replace the present system of city, county and state courts with a single District Court with statewide jurisdiction. This would make it possible for administrative reforms to be effdently and uniform-- . ly carried out at once, without having to work through four different courts. Retain ail present district judges and name all City Court Judges and Juvenile Court Judges as District Judges. District Judges would have to periodically stand A serious problem for will result, the committee says, when city judges are certified to the District branch because then ar : the state will have to pay their salaries. Create the position of Chief Judge for each geographic Judicial District The Chief Judge would be selected by his fellow district judges and would be responsible to the Judicial Council for the efficient operation of courts in his district Create within each Judicial District the office of District Court Administrator to assist the Chief Judge in carrying out his administrative duties. In smaller judicial districts where the demand for a e administrator would not be great the administrator could also perform the duties of clerk. .Continue the use of Judicial districts where the demand for a e administrator would not be great the administrator could also perform the duties of cleric. Continue the use of Judicial Districts for dividing the geographical responsibilities of the court system. Create the position of District Magistrate as a subordinate judicial officer of the District Court After abolishing the office of Justice of the Peace, the State Legislature should create the position of magistrate, a subordinate judicial officer who would assist the District Judges. The decisions of magistrates would be subject to a review by a District Judge on the record. full-tim- and could be subject to further review by a writ of certiorari to the Supreme Court Magistrates would be selected similar to a judge by being nominated by a local nom-naticommission, appointed, and perithen standing for would District magistrates odically. be attorneys when determined necessary, though they could be ng on non-attorne- ys. Magistrates would be compensated by salary, not by a fee system. Give the Judicial Council authority to create appropriate di- visions within the District Court A Family Court division of the District Court should be assigned jurisdiction over all juvenile-famil- y related matters. The Juvenile Court, as a separate court should be (This is a most complex '9?ommendation and interested persons should refer to the committee report Utah Courts Tomorrow, ). Pages Provide for a separate personemnel system for all ployees of tiie judicial department, '.vering salaries, appointment, removal and advancement . Retain and use existing court personnel whenever possible. All courts should be part of a d system, administered by the Judicial Department Provide for the preparation of . consolidated budget for the judicial department to present directly to the Legislature. Provide for a uniform accounting, budgeting, auditing and fiscal procedure for all the courts in the unified court system. Replace the present provisions if the Utah Constitution, relating to the judiciary, with a new Judicial Article. Create a new Judicial Code simplifying the existing Code and consolidating in one place the various provisions of the Utah Code governing or affecting the judiciary. Create a new section of the Utah Code for Court Rules. 41-3- non-judici- al state-funde- full-tim- PRELIMINARY ORGANIZATION CHART STATE COURT ADMINISTRATOR ASSISTANT Utah Supreme Court Decisions Punishment william Cotterell TALLAHASSEE (UPI) By - SEARCH AND SEIZURE HELD ADMISSIBLE The Florida legislature voted emphatically to reinstate capital for premeditated punishment UTAH v. SHIELDS Trial Court: Grand larceny conviction indeterminate term. murder and child rape, December 1. Florida thus becomes the second state to bring back the death penalty in some form, California having acted through a referendum in the Plaintiff counsel: full-tim- --Magistrate's Robert J. Stansfield, 12 Exchange Place See details page 4 NAM Assails Bill Curbing Women's Work Motives Money, Plants Abroad Change of Pace - -- itt user. The tall also requires that a jury will issue an advisory sentence of life or death and a Circuit Judge wUl then approve or reverse foe jurys recommendation. Florida has not had an execution since May 12, 1964. Gov. Askew, who appointed a special commission to study capital punishment, said his main concern was not in foe sentence itself but in the way it .was being applied most often against foe poor and foe black. State Atty. Gen. Robert L. Shevin, ' who wanted mandatory death penalties for proscribed crimes, said y he will fight to defend the discretionary system as best he can. He predicted it will be early 1975 before the U.S. Supreme Court finally decides a case under the new Mil. Herbert Packer, Stanford Law Scholar, Dead FRANCISCO Vernon B. Romney, David Young, David Irvine Defendant counsel: The Florida legislature also passed a Mil making it a life felony to hijack an airplane. Convicted skyjackers would have to be sentenced to at least 30 years in prison, with a miximum of life, but could be eligible for parole after 18 years. If they killed someone during a hijacking, the sentence could be death because the capital punishment law presumes premediation when someone is killed during SAN .... .... November 7 election. Both states actions seemingly invite an eventual new confrontation in foe U.S. Supreme Court over whether the death penalty is constitutionally proscribed cruel and unusual punishment. commission of a felony. The vote, which ended a four-da- y special legislative session, called by-Gov. Reuben Askew primarily to deal with foe U.S. Supreme Courts June 29 decision knocking out foe death penalty, went 116-- 2 in foe House and 38-- 1 in foe Senate. Sen. and Reps. Jack Gordon, Gwen Cherry, and Gene Island, voted not to Tubbs, have a new capital punishment law. An aide to Askew said the governor will approve foe bill. It provides foe death penalty for premeditated murder, the rape of a child undo: 11 by a person over 17 or foe sale of heroin when that sale results in a fatal overdose for foe . . . Supreme Court: Affirmed. Case controlled by Chambers v. Maroney evidence admissible seized from automobile in which accused was of arrest, after vehicle taken to police station time at riding and searched without warrant. (OR DEPUTY) Assistant acts as court administrator for Juvenile Court until all functions of that court are phased out or consolidated with the state court system, at which time e this administrator becomes deputy to State Court Administrator. --Probation -- Family Court Florida Brings Back Capital judge-and-jur- JUVENILE COURT SYSTEM MONDAY, LihiLCiMrihiK 18, 1972 (UPI) -- Herbert L. Packer, a Stanford professor nationally known as an .expert on criminal law, died Wednesday at foe age of 47. Millions WASHINGTON (UPI) ANN ARBOR, MICH. (UPI) -of dollars and thousands of jobs and thf U.S. Competitive position would Women work for foe same reason be lost if Congress accepts foe tax now as they did 15 years ago, acprovisions of restrictive trade cording to a University of Michigan legislation expected to be re- study. Money. introduced in 1973, foe National It was the principal reason Association of Manufacturers has mentioned by 89 per cent of foe men asserted. and women The Association released a report, polled during two opinion surveys, and December 5, on the tax provisions of Detroit-base- d the legislation proposed last year by foe only reason given by 55 per cent Sen. Vance Hartke of Indiana and J. of them, sociologist Bevoiy D. Herbert Burke of Florida, a Duncan reports. Although 797 Democrat and a Republican, persons were interviewed in 1956 and 1,881 in 1971, foe reponses were respectively. almost identical. senior vice J. Stanford Smith, Of the reasons president of General Electric Co., the most angiven, said in a. luncheon speech prevalent was of out the house.'' Hie not do I getting that the report nouncing know of any portion of the Burke-Hartk- e men's tendency to mention this bill that would be. good for increased from seven to 12 per cent during foe 15 year interval, inthe economy." ungrowing The bill provides for elimination of dicating their certain tax breaks extended to derstanding of a womans decision American Subsidiaries overseas and to work outside the house," Duncan it calls for tariff and quota protec- notes. A decisive majority of both sexes firms. tion far American-base- d women have special The NAM report was prepared by agreed but the Dr. William Pollert of foe NAM staff problems in working, 73 per has from proportion foe of dropped and focused on tax provisions cent to in 1956 65 cent last per year. bill. One tax provision would repeal the There was less agreement, however, tax credit for foreign taxes paid and over whether these problems should another would apply taxes to the result in job restrictions, Duncan remitted and unremitted earnings of says. Fewer persons objected fo U.S. Subsidies in the same year in which they are earned. factory jobs for women in 1971 thanin in 1956, but a larger number obSmith, citing GE investment Brazil as an example, said if GE jected to mens work. Mens jobs, transformer production earnings including plumbing, welding, highthere were taxed at a 70 per cent way work and construction drew rate and the earnings of its com- objections from 29 per cent of foe women. petitor, Philips of the Netherlands, men and 25 per cent of the also men of An increased number were not taxed at all how do you objected to women performing jobs expect us to compete? There are really big competent which involved hard labor or dirty or giants that are ready to take dangerous conditions. But less than 10 per cent of the respondents in both American jobs away," he said. Smith said the biggest reason for years opposed women holding adgoing overseas is to open up markets ministrative positions, and only and exploit them effectively." He about two per cent now object to a said it was common myth" that woman holding any job on the companies only seek the benefit of grounds that it 'takes jobs, away low foreign tax rates. from men,. The 1971 study asked 1,881 Detroit non-econom- ic some 200 question including those related to women working from previous years studies. adults By comparing the answers, Duncan and other DAS researchers can demonstrate the change, or lack of change, which is occurring in American society." ' |