OCR Text |
Show f - I M REVIEW. November 18.1965 i Legal Opinions Editorials (Continued from juge l Sdme Loaded Flood Control least two full time lawynrs on the prosecution staff. Mr. Banks said he knew of no laws or other restrictions to having fulltime attorneys serve the county attorney now. During his tenure as chief criminal deputy, he said, the lawyer to whom a case was originally assigned would follow that case to its conclusion at preliminary bearing. If the lawyer worked fulltime or part-tifor the county attorney he was expected to be available for assignment ur oo a call basis and he was expected to schedule his private business to give priority to his responsibility in the county office. Complaints have been uniform that such priority is lacking under the present system. The district attorney, whose county attorney record was recalled and praised Tuesday by veteran deputy sheriffs, emphasized that several Improvements have been made In Mr. Giles department la recent months In some phases of preparing the county case for district coiui prosecution. After citing previous failure of some deputy county attorneys to provide the district attorney with sufficient information on which to prosecute. Mr. Banks displayed case examples of Deputy County Attorney Kay Lewis for their excellence of preparation. Members of the legal profession interested In Improvements In fnction of the county attorneys staff cited the experience of the Infant (less than one year old) Salt Lake Legal Defender Association.. Jimi Mitsunaga, SLLDA director, some legal observers noted, began functioning with a full time lawyer aided by parttlma lawyers. It was apparent at once that the system wouldnt work and be abandoned parttime lawyers at once, one legal representative observed. Complaints of police agencies of failure of deputy county attorneys to properly prepare to prosecute cases, as disclosed last week in the Review, Involved five areas including: 1. Felony cases frequently reassigned for preliminary hearing prosecution by aa attorney who first sees the case as little as IS minutes before the hearing begins; 2. Deputy county attorneys appear to prosecute trials In Justice of the peace Courts without having heard of the case or having opportunity to prepare for trial. In some such cases. Juries and witnesses stand by until the deputy county attorney can be briefed on toe case. 3. On certain major felonies, complaints may be obtained only through toe chief criminal deputy, who may not be available for most of a day. 4. Reluctance erf the county attorney's staff to Issue complaints in cases where an officer has- - first been assured by a representative of toe district attorney's sr attorney geeecalf staff tost a good issue indictments and effect arrests Monday against persons last Friday to appear for preliminary hearing on the scheduled already 30 thiss t- - - i. SeSfSfrW or "W 5. In some cases, prosecution has failed continuances and retime-consum- ing cesses are asked because toe prosecuting county attorney has tailed to give timely We Agree ,,.But Apparent lack of cooperation and close liaison between law enforcement agencies in Salt Lake County and the office of County Attori ey GroverA. Giles, as covered last week and this in tho piges of The Review, has elicited from Mr. Giles an opinion in which he and we are in full accord: Its a rotten system. to last week's exposure of unpreparedness of .criminal cases set for preliminary hearings is information contained In sheriffs records that the county attorneys office is delinquent in providing at least one arm of county government with solicited legal opinions. Effective law enforcement is frustrated by a system of parttime effort, imposed upon the public decades ago as a budget-parithat even devise, that is so young lawyers employed and anxious to display knowledge they have so recehtly acquired in law school, lack both the time and freedom of initiative on the job to function in the role to which they are assigned. Even defense lawyers, appreciative of contributions the system makes to toe release of their clients, join police in acknowledgement that Justice often is evaded because of Inability of an elected official and his appointed chief deputies to take positive action toward modification of a prosecution program that doesnt seem to work. Mr. Giles and The Review are agreed that failures of the system are inherent; that Mr. Giles inherited his problems by election and by reelection. What concerns us most at present is that while the weaknesses are not new; while toe sorry results of toe weaknesses are of long and costly duration, Mr. Giles now intends to take first measures to correct the system. We are disturbed that neither Mr. Giles nor others responsible for good law enforcement in the courts have, in toe extended past, taken toe same initiative that is now promised with toe prodding that toe Review has undertaken to provide. ng self-defeati- ng notification to witnesses, or has failed to subpoena witnesses or evidence. Mr. Giles, who stated that some of these problems are Inherent in toe system be inherited, Tuesday added that be Is acting to modify toe system. Granite District (Continued frum pare 1 ) trlct oo April 27, 1965, allowing a financing by general obligation. The current issue, as toe first of that sum, takes toe district up to its maximum authorized limit. That limit must be determined every vear oo toe basis of toe assessed valuation of property in 00 toe district. 1 lac. Wtrt Newz, try Ode Tburniky by Great at 2245 South West Ttmplt, Mill City, F. TMeptaot: 417-7- SxX Lt lth 42 Stephan Rosenblatt and UantgU Editor Norma Rosenblatt Editorial Staff . Joyce Stout TovMeod Ge JinCbaldrti ftjffljjijl AOwtuMf Manager - Wilfred Gee Circulation Manager Mae Dace Classified Advertising - Sen Watkln Leif Start Advertising Production Entered aa second class matter at (ha Post Often at Salt Late City, Utah ndnr toe act of March 1, 1171. -- Carrier nfcncriptk $3.00 per year Mail rtbneriptioa $3.00 per year Member; Utah State Press Association American Newspaper Representative Tonight, But All Part Of The Job ) member. Any member would be eligible for reappointment and service on the commission would not bar the member from participation in other government ) service. The other group, toe flood control advisory board, with John C. Conder, a Utah Power and Light executive, as chairman, is in the process of seeking to find if a bond issue should be attempted at this time, and if so for how much, and for what specific purposes. There is no overall plan for priorities on flood control projects at toe present time. Flood control Ray H. Leavitt proposed such a plan, with 13 projects In early August, but these were not approved, and any projects are being considered on a Because of toe confusion in its status toe eight man committee consisting of Mr. MacFarlane, Brigham D. Scott, South Salt Lake Mayor Vern Bolinder, Herman C. Nielsen, Salt Lake City Commissioner George B. Catmull, Murray Mayor Ray P. Greenwood, r and Midvale Mayor Henry Becks tead - has not met since September IS. The advisory committee has not held any official meetings either, although apparently informal conversations gooe on. have Flood control administration is generally under toe control of toe commission ay as a whole, although toe actual work Is under Commissioner Jenson, as bead of toe roads and bridges department. A general lack of concurrence oo most programs has apparently been responsible lor lack of coordinated effort on toe part of toe commission In this area. The major questions that now lay before the county commission are how toe flood control program should be financed, and what speed and order the projects should taks. day-to-d- . During 1965 toe flood control department ran on 2.5 mills, or about $1.6 million dollars. For this amount toe Jordan River was straightened, a considerable amount of malntalnance and emergency work was carried on, and several projects were s aeted, most notably engineering on a storm drainage line to run along 4800 South east from toe Cottonwood Mall. Besides this time has been spent by toe countys flood engineer David I. Gardner preparing agreements between the county and toe valley's canal companies for toe county use of toe privately owned toe Irrigations, canals Jhat criss-cro- ss valley fog floed conical useTOeeejfpw, mentsVeilie to f3hf4etn, be presented to toe commission soon ac- cording to Commissioner Jenson. The Choices open for financing flood control projects are to pass a bond, which would accomplish toe work on a faster basis, basis, or to got oo a accomplishing toe first phase over a ten year period. Commissioner Jenson has previously expressed favor with the bon method, because of toe damage that would be caused In the cowty by floods during toe interim, and belonger cause of higher construction costs likely in toe future. There Is a question in toe minds of toe commission as to toe possibility of passing a bond issue now. The commissioners art concerned about toe high tax burden already existing, but realize that some severe measures are necessary for flood control. Though they arent saying, they may have some concern about toe public relations linage of county government -go (Continued from page The proposed act provides that the commission would serve without pay, but would be compensated for expenses; the commission would be charged with functioning at minimum administrative costs to make maximum funds available for the training of peace officers. Any police academy established in toe state would be subject to commission discipline and control as to curricula, instructor qualifications and students. The commission would have authority to approve or to revoke approval on failure of toe academy to meet established minimum requirements. (Continued on jug .Z) Plan (Continued from pve 1 ) or a tempermental engine. A motor pool will remedy sloppy care of disabled rolling stock, making it easier to keep all vehicles in repair and to assure more uniform use. Metro-minior is it odd? Oddly enough when and how the motor pool will with a slower clutch here. no one-c- ar This is crash. "Hey! Over there in the field. Theres one on its top. How many hurt in that one? Wouldnt you know it. They Just crawled out of it. Thats them in that car by the side of the road; couple of kids with function. a motor be able parking the Hall he said, vehicles must be in enclosures and protected against indiscriminate use. Nevertheless, an undetermined but significant cost savings to toe taxpayer should result once the pool can be established, toe police administration declared. Asst. Chief C. C. Whitehead, a member of toe police department administrative troika in charge of housekeeping facilities, cites imminent plans for his division as being revolutionary,'' at least for this area. Most immediate cost savings will be reflected in adoption about Jan. 1 of a new and sharply revised system of report writing by officers in toe field. Officers will do very little writing. Mostly they will check or answer yes or no to basic questions. The police records division presently Is developing new report forms, adaptable to police duplication equipment, which will be carried by each officer on his tour of duty. The officer also will have special pens with duplicating ink. She new formwwril contain evejy kntv Mestion offirer shqrtd ask iy JFU basfckpCiat eategoriesM eacyrf TMU- questions can be answered by complainants, victims or witnesses and can be recorded by checks or very brief answers. The form, when completed, can be duplicated without processing by clerk -- typists, said Asst. Chief Whitehead. ( Continued on page A 9 ) ) . ng Said Chief Knudson: To make pool operational, we first must to work out the geography of the and vehicle storage facilities at ' of Justice. To be controlled at all times, 1 mat was. up State Street. A rear-end- er We watched it. The gas tank drops to the ground and sparks flash like a barrel full. Wonder why it doesnt explode. Call the dispatcher. To toe dispatcher; "Well standby, dispatcher, til you get a car down here. Later; That guy in toe back. I took He told me I wasnt him to Jail once. I took him gonna take him anywhere. by surprise, then I took him to jail. Lets do that joint in Magna. Theres trouble buildin' up out there. We gotta keep em honest. From the dispatcher: "We have a pj on Redwood near 29th South. A man is pinned in the car. We have a car close? And toe guy wasn't We were close. pinned in the car. He Just wasnt going anywhere. There was a big gash in his forehead and his face was ashen. He wasn't going anywhere. ; The car had ripped out a front yard fence. Thats toe gate snagged on the How do you figure he front bumper. missed that pole? And that apple tree? There isnt room between them for a sample (A sample is any compact car), He didnt leave much less that rig. a mark on either erf them. He left a nark on that other tree, Look. The engine is wrapped though. around the trunk. No, that guy isnt goin anywhere until the ambulance gets Police basis. them. Lets get goin. Traffic can handle it from here. See how those guys coRosies a detective now, but operate? hell stick with that new boy to see he doesnt have any problems. We have our assignments, but we do anything that comes along. See that place? t lousy place for kids. No trouble In there, but Its out here in nowhere and toe kids can po in either direction from here and get in ' trouble. Hey! Anybody watching that second floor in that place out fcouth? Theyre (robbers) goin to hit that place on a Kennecott payday. Whefrdoes Kenne-co- tt pay next? See these bumps in toe road? They put them in here for us. Kids speeding In and out of here. They put in toe bumps; toe kids don't play around here anymore. We used to get calls here about kids swlmmin in toe pool without any clothes on. Next nighj w? fret a caH kids . its -- ffleir t HM. "Where, we ask. Hell, We're Sfttln at Meadow Moor. Theres no kids here. "You ready for coffee'' O K. Hey! Does this outfit still have that dingie night watchman? "No He quit. Now hes tryinto get on toe sheriffs department. Youre liddin. After coffee, another run of the go-strip. Its still a dead night. The girls already have gone home. We see one Joint with a card and dice table, covered tight. Well check that after toe grand Jury expires. "You havin much trouble with marijuana out this way? We searched half toe Marijuana? night in a field one night, tryln to find some marijuana we heard about. A (Continued from pure 1 ) You guys in toe wrong guy says: place. You should search toe house. te Inspection and Storm Drainage "The stuff grows all over toe place. and Flood Control. Couple more hours and we can knock Mr. Jenson said that all of these units It off. Sure Is dead for a Friday night. will be housed In the same now. building after January 1, and they are under instructions Strong complaints have been registered Jim Baldwin from toe County Commission to hold Joint with toe commission oo proposals constaff meetings regularly to expedite phases cerning upper Mil lc reek, by residents of of inspection and control that have tost area. On Tuesday Commissioner proved J enson announced that plans for toe upper . irritating to developers in toe county Land about and home builders in Millcreek area should be ready by developers the county, meanwhile, May or June. He said they would have protested that been ready In January except that citizen Salt Lake County procedures result in miracle minimum delays of eight months, complaints caused toe engineers to take average delays of one year, and occasional a closer look at alternate proposals, causi delays of more than two years from the ing a six month delay. time of rezoning of property to toe turn-ingtoe first shovel at a project site. The same procedures are concluded In some places, including Phoenix, one developer declared, in an average of only The following applications for zoning 60 days. M. SANDERS changes will be considered by the Salt Developers protested laxity in toe counLake Planning and Zoning Commission ty surveyors office where, they complained, documents repeatedly must be at their regular meeting Friday, November 19, at 10 A M. at toe Zoning Administaken for signature to toe Elks Lodge, tration Building, 201 East 3rd South. where hes always playing pinochle. At times, some complained, neither the Holladay Builders, 4800 South Bon Air A to Rcounty surveyor (elected to office) nor his Paul Kimball 6741 Highland Drive H- -2 authorized deputies are available when go Builders Hit Delay Off-Si- Zoning Change . Appli cations of BRAN WELL I . 7 -5 . Rodaj Mountain 1 Little Dull.. A ting in the flood control field, and the status of each is unclear. Commissioner Jenson clarified at least his thinking on toe function of each committee Tuesday by saying that toe eight man Storm Control and Flood Drainage Board was, in his mind the official board whose reccommendations we are seeking. 24-ho- same offenses as those contained in the indictments? Was it, as has been rumored, because of failure of the county attorney to have necessary witnesses, or failure of the defense to have all the principles on hand through several continuances? Is there any. significance to the action of Judge Aldon J. as trial dates Anderson in his selection of December 28-the of the (in advancefqf; grand jury midnight expiration December 3 1?1?' These questions appear in the Review, but they can be through the corridors and rooms of the rig and elsewhere, questions. facts which have initiated these questions also have initiated the nasty rumor that the grand jury DeLyles is aimed, in fact, at possible misconduct of. .a. member of the judiciary. The rumor involves both. district and city court level of the judiciary with one received as unbelievable and the other substituted as more readily believed. The purpogs the grand jury, it has been declared, is to take aorfon in4 exposing failure of government to act. Where is ne failure here of government to act? The history of current complaints' against the DeLyles and the delays and con lancet involved may point to failures already exposed by Th6 Review as a characteristic of the county . attorney system. A If the ..problem, does the grand Jury solve it by taking a pi on to bypass the county attorney function in these cases? ? If, on yie otner.band, there are other underlying motivations forVfhe grand Jury action more particularly, if such underlying, jnotives do not exist, the grand jury should take immediate action to dispel rumors of bribery or other misconduct in the local judiciary. Added (Continued fr m page me Why did tne bait Lake County Grand Jury (Cont.nued from page AFTER THE MORNING Commission ) having at Questions Peace I UV reel TO MAIL. IT MAfcK ME wawteP. needed and no one will give authorization needed for fear they'll get the axe Mr. Leavitt expressed the opinion that his proposal could eliminate much confusion in the area of issuance of permits. He asserts that consolidation of all development functions will save the county thousands of dollars in administrative costs and will save the citizens hundreds of thousands of dollars through better and more immediate service Land developers and builders surveyed by The Review were in accord with Mr. Leavitt only in principle. They were unanimous in their assertions that lack of government coordination under present procedures is costing builders and thousands of ultimately home buyers dollars annually in unnecessary costs. The Home Builders Association of Greater Salt Lake, after a special meetup to discuss the Leavitt proposal, issued a statement in wtuch the coocept of centralization "of all county departments directly related to zonii, land development and construction' was endorsed. We have for a long time been opposed to 'having to deal with various departments in toe procurement of building permits, toe statement noted. The present syystem not only is a time consuming nuisance to the applicant (for various permits), but the inefficiency of toe procedure is costly to the county. to R- -4 H R to A Don to C-- Shosted 4719 South Redwood Road C-- 2 Andrus 4480 South 9to East R-- 2 Lucille Stringham 3900 South 500 West S-- 2 to C- -l Metcalf, R-- 5 R-- 4 Smith, 4567 South 2300 East 2022 East 4500 South R- -3 to to R-- Siegel 3125 South State Street R- toC-- 3 Ned Johansen 4850 South Bon Air -5 R-- 3A to R- -5 Tempest Development 600 West 3900 South A -- 2 to M- -l The following Conditional Use permits will also be considered Loren C. Spencer 3195 Scuth 200 West, Auto repair shop Gordon and Bush Inc 3770 South 900 East residential development with any number of dwelling units per structure per lot halt Lake Water Dept. 7600 South Wasatch Drive, Steel Tank Water Resevoir Coy L. Ginn 4164 South State Lounge Ned H Johansen 2220 East 4800 South residential development with any number of dwelling units per structure per lot |