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Show i V INewesiOisfrieJ Judge Discusses Court 1 1 By NANCY LYNN KRZTON I Staff Writer LAYTON Fourth .Circuit Court Judge Douglas L. Cornaby of Layton has been named to ; lreplace retiring 2nd District Court Judge I Thornley K. Swan. 7 j Cornaby, 48, a Layton City Court and Circuit Court judge for 19 years, was elated when he v j heard the news. "Its an advancement, so you 71 look forward to it, he admitted. Its a new ; challenge, more responsibility. 5 . i J U The Benjamin, Utah, native was selected by a list of three ap-.-,j plicants after the Judicial Nominating Com- mission had eliminated most of the original 15 lawyers applying for the job. The appointment is effective Jan. 1. Cornaby, a judge for nearly his entire legal career, said, Being a judge is a profession in Gov. Scott Matheson from One would not want the same sentence given to every person arrested for driving while intoxicated, Cornaby noted, explaining that a person under great emotional strain might receive more consideration, for example. In some countries, the prison sentence for DUI is three years, but no one ever gets convicted. The laws so tough, nobody will convict them. We find exactly the same process here. If we said every person caught DUI has to get 90 days in jail, we wouldn't convict half as many people." and of itself. The judge is looking at (the law) from a totally different position. Lawyers are paid by clients to look after their special interests. A judge is looking at whats best for society, or, in a criminal case, to see if there is a reasonable doubt (that the crime was committed) ... Cornaby said he enjoys his work, which involves staying unbiased until he hears both sides of a question. Asked how he would assess his judicial decisions, he said, Im certainly not lenient, and some accuse me of being harsh. A judge ought not to be lenient or harsh. Cornaby said he looks at each individuals situation in making a decision, noting that he is less sympathetic to a continual offender than to a person who has never been in trouble before. Utahs indeterminate sentencing laws are good because they allow individual circumstances to be taken into account, he said. Cornaby said a recently passed law concerning of restitution to crime victims is useful but does not work under all circumstances. , Restitution is real handy with some people, but with some you cant get them to pay, he explained. the payment The law is getting better in providing sentencing alternatives," according to Cornaby. Before, judges were forced to sentence alcoholics to jail for drinking-relate- d offenses. Now, weve really got a lot of alternatives. We can get them medical or psychological help. We dont just have to dump them in jail." Queried about whether a stay in jail does actually rehabilitate a convicted criminal, he said, Some rehabilitation does take place in jail as long as the person is not in too long. He said some judges send a convicted person to jail for a short period of time before sentencing him to give him a taste of what prison is like. The convict is then placed on probation with the knowledge that he will go back to jail if he gets into further trouble. We frequently use that as a tool. However, the judge said, a lot of going to jail is punishment, not just rehabilitation. Index I, Vol. 1 No. 10 Thursday, October 30, 1980 Serving 31,500 Families From Roy Through Centerville . EAST LAYTON More than 50 people gathered at East Layton Elementary School Tuesday night in lieu of watching the Carter-Reaga- n debate to hear the pros and cons of merger with Layton debated by East Layton citizens. The argument centered on such strong concerns as the payment of taxes, fire protection, having a voice in local government, and the quality of life in East Layton. Proponents of dissolving East Layton said merging with Layton would best preserve East Laytons bedroom ! EPISCOP AL MANAGEMENT Corporation President Richard M. Tyler Jr. (left); the Right Reverend E. Otis Charles, bishop of the Episcopal Diocese of Utah ; and Norma Matheson, wife of Gov. Scott Matheson, break ground Wednesdav for a new it elderly housing project to be built in Kaysviile with $2.2 million in federal government funds.' """ j i A groundbreaking KAYSVILLE it ceremony for a $2.2 million senior citizens housing complex was held in Kaysviile Wednesday morning, followed by the opening of a new meal site for the elderly. Norma Matheson, wife of Gov. Scott Matheson, was the honored guest at both occasions. Mrs. Matheson said one of the most satisfying things for her and her husband to see is the growing awareness, commitment, and concern toward senior citizens exemplified by the new housing facility. The project is an example of the commitment of the religious community, the civic community, and individuals to making life better for the elderly, she said. The St. Marks Gardens housing project, 200 West 600 North, is being built under the sponsorship of the Episcopal Management Corporation with funds from the U.S. Department of Housing and Urban Development. Kaysviile Mayor Gar Elison noted that Davis County, a historically young county, may have neglected the older segment of its population in the past. This facility is an indication that we need to be concerned about the welfare of all our citizens. This will serve a very needed purpose when completed. The dignitaries then moved over to the new Kaysviile Meal Site at 34 East North for a ceremony and luncheon. The Kaysviile City Council recently purchased the old Brough home located there and agreed to lease it to the Davis County Council on Aging for the nominal fee of $1 per 100 ribbon-cuttin- g year. This shows what a concerted effort can do . . ., Mrs. Matheson told a crowd of over 100 people gathered iny side the old brick home. two-stor- This is . all about. . . what community spirit is St. Marks Gardens occupancy by low-incom- will be e ready for senior of 1981, according citizens in mid-Jul- y to Episcopal Management Corporation President Richard M. Tyler Jr. The garden-stylapartments will be managed by Danville Development Corp. The city of Kaysviile helped acquire land for the project by contributing $108,000 from a single-stor- y e million dollar HUD Community Development Block Grant. one-ha- lf community atmosphere and would, in the long run, result in lower taxes and improved services. Opponents of the merger said East Layton would lose its unique character and political clout by joining Layton, insisting that East Layton has the ability to survive on its own and will soon attract the commercial tax base it needs. Merger advocate Jon Memmott told the crowd, Its not a question of whether East Layton will be able to exist. Its a question of whats best for the community." He maintained that until East Layton grows, it will not be able to control the cost of services, since it is forced to go to others to buy essential services. If we unite with Layton, we have some economies of scale. In the long run, it will result in a lower cost of services for all of us. Memmott said as director of the Office of Legislative Research, he has studied the tax bases of cities across the state. Theres been a real trend in the state. Cities that have malls or developments have the lowest taxes and are able to provide the best services. Merger opponent Gayle Cloke retorted that East Layton can pay its own bills, noting, Layton currently spends all of its revenues in Layton. If East Layton needs additional revenues, so why not it will have to generate it do it ourselves? We do have a commercial area Business Church Classified Economy Heicv Editorial Home Living Obituaries Sports BA-- 6A 1BB-19- B 1B-2- Staff Writer A ROY park in the west section of Roy is one step closer to becoming reality with the approval of a $170,000 grant by the Utah Outdoor Recreation Agency. Roy City Attorney Roger Dutson said Monday the city received word from Gov. Scott Mathesons office that the funds have been approved through the Land and Water Conservation Fund Program, a federal grant program. The grant is contingent, however, on the passage of the 1981 appropriations bill in Congress. The grant is a 0 matching fund, with the city pledging to come up with an equal amount, which can be in cash or in blind donations of labor and equipment. The park, currently being referred to as West Park, will be located between 4550 and 4450 South and between the Rio Grande Railroad tracks and 3000 West. Dutson said the funding could be re 50-5- i r reduced somewhat if Congress cuts back oin recreation program funds, but, he said, the state approval means the city will get most of the funds needed for the park. "We feel very pleased to get the grant approval, Dutson said. There is a lot of competition for funds, and this 4B-12- God-give- Reviewing The News Scattered throughout todays paper are reports of interviews with candidates about whom local voters must decide Tuesday. . County, school and legislative positions are up for grabs in the election, along with statewide and national s have talked jobs, and about issues they feel are important as well as answered questions about such things as the proposed tax initiatives and constitutional amendments. Polls open at 7 a.m. and will remain open until 8 p.m. Read the summaries and then harass the candidates if you must to know what they believe. But be sure to vote. office-seeker- that requirement. Earlier, Roy City Manager Richard Kirkwood said the city has received well-receive- d. 20,500-square-fo- FUTURE PARK SITE between 4550 South and 4450 South and between the Rio Grande Railroad tracks and 3000 y R waiting to be developed, Councilman Have we Myron R. Nalder said. examined the revenue it will bring in? Responding to the higher taxes question, he stated, Im willing to pay higher taxes to have the atmosphere Ive got. The councilman said that contrary to what proponents of annexation to Layton are saying, I dont think we need to be that fearful of the future. Justice of the Peace Don DeWitt said the best way for undecided voters to look at the merger question is to imagine the best and the worst that could happen if East Layton remains a separate city and then to consider the best and worst results of joining Layton. The decision that you make now will likely last for a long long time, he warned, saying he doubts Layton would want to annex East Layton at a later date and noting that East Layton wont be able to deannex itself once it joins Layton. Layton Mayor Lewis G. Shields urged East Layton voters to Exercise that n right to go to the polls. Take Continued on Page 2A equipment, but 25 percent must be in cash. The park fund money will meet pledges of donations totalling nearly $189,000. Kirkwood said if the city can pay for the park development from donations the city funds can be used for means our application was other park projects. The first phase of the park will inThe City Council has committed clude 8.5 acres and work is scheduled to $138,000 remaining in a city park next spring if the money is begin acquisition fund after $159,000 was used allocated. to purchase property for the park. Dutson said the city has received It will include a commitments from residents for parking lot, utilities including water, donations of cash, labor and equipment sewer and lighting, a restroom, two for the park. pavilions each 20 feet by 40 feet, tot One resident contributed $1,000 to pay lot sand and play structure, for architectural drawings to be sub- sidewalks, two horseshoe pits with mitted with the grant application, fences, 11 benches, automatic Were really excited about this park irrigation system, 140 trees, jogging because it will include a lot of com- path and bleachers. munity involvement, Dutson said. Larger features will include two The citys half of the funding for the soccer fields, one baseball diamond project can be in money, labor or and jogging area. B IBB 14-Ac- re By MARILYN KARRAS B 1TB Utah Agency Approves Funds For New Park in Roy , 9 West in Roy is now bare earth and weeds, i |