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Show tfm kilt 1973 February, .. . Utah Farm Bureau News Utohs Judicial System Editor1! noto: The following is a continuation of ttia information designed to familiarise members with the courts in Utah. Recently this information explained the Supreme and District courts. Utah Foundation Report number 3M is the source providing this material. CITY COURTS Governing bodies of Utah cities of all classes have authority to establish dty courts. Where city courts exist, the city judge acts as ex officio justice of the peace within his jurisdiction. Over the years, the importance of city courts has tended to increase, and the role of justices courts in urban areas to diminish. City courts have exclusive original jurisdiction in alleged violations of city ordinances. They also have jurisdiction to try misdemeanors and to hold preliminary examinations in felony cases, and have concurrent jurisdiction with juvenile courts in cases of juveniles charge! with traffic offenses. Civil jurisdiction of city courts covers actions involving claims up to $1,000. City courts have authority to order . rehabilitative treatment for alcoholics and narcotics addicts. City judges are elected to six-ye- ar terms on nonpartisan ballots, elections being held concurrently with municipal elections, in years. When a city has more than one judge, terms are not staggered, but all judges are elected at the same time, at six-yeintervals. The number of judges a city may have is fixed by statute mi a population basis: cities of more than 150,000 inhabitants, up to five judges; cities with 75,000 to 150,000 population, three judges; cities of more than 30,000 but fewer than 75,000 maximum two; and odd-number- ed ar court judges are appointed by the Governor to terms, apinhabitants, one judge. from a list made pointments being City judges salaries are set by of two names to the submitted the cities governing bodies, after Governor Juvenile Court the by the holding of public hearings, as Commission. are salaries of other city officials. cities with fewer than 30,000 six-ye- ar JUVENILE COURTS Utahs juvenile courts are operated as a part of the over-a- ll court system, under a 1965 amendment to the law. From 1941 to 1965, juvenile courts were under the supervision of the State Welfare Commission (now Family Services Division). In 1941, supervision had been transferred to the Welfare Commission from the previously-existin- g Juvenile Court Probation Commission. Utah Juvenile courts are courts of record and have equal status with district courts, being directly under the Utah Supreme Court both for administration and for questions of appeal. Utah has five juvenile court districts, as follows: District (1), Box Elder, Cache, Davis, Morgan, Rich, and Weber Counties; (2) Salt Lake and Tooele Counties; (3) Juab, Millard, Sanpete, Summit, Utah, and Wasatch Counties; (4) Beaver, Garfield, Iron, Kane, Piute, Sevier, Washington, and Wayne Counties; (5) Carbon, Daggett, Grand, Duchesne, San Juan,' Emery, and Uintah Each district has one juvenile court judge except District (1) which has two judges, and District (2) which has three. All juvenile court judges may be assigned to serve temporarily in districts other than their own, as they may be needed. Juvenile Counties. Juvenile Courts have exclusive jurisdiction in cases of neglect, dependency, and delinquency of children under eighteen years of age. In cases where the offense, if committed by an adult, would be a felony, the juvenile court has discretion to bind a child over to district court if authorities feel that this would be in the best interests of society and of the child. In cases of felonies against or involving a district courts have jurisdiction but must inform child, juvenile authorities who may take any protective measures within their jurisdiction" on behalf of the child. Juvenile court jurisdiction extends to adults in connection with the custody and charged with mis-demeano- rs treatment of children. Joint aims of the juvenile court program are to protect and rehabilitate the child offender, and to protect society against juvenile violence and law breaking. Justices of the peace and justices courts were once the most of and may be commissions, reviewed annually. Justices courts have jurisdiction in civil matters involving sums of less than $300. Their criminal jurisdiction extends to all misdemeanors, such as petit larceny, simple assault and battery, traffic matters, and other minor breaches of the peace punishable by fine of less than $300 and imprisonment not exceeding six months. Justices in cities and towns have exclusive original in cases arising out of jurisdiction town oror of violation city dinances. Prior to 1965, Utah justices of the peace acted as ex officio coroners to conduct inquests into deaths under suspicious circumstances, to determine whether a crime had been committed. Utahs 1965 medical examiner law removed this duty, and provided for a and medical professionally-traine- d adequately-equippe- d examiner to perform this duty in all parts of the state. SMALL CLAIMS COURTS JUSTICES COURTS important arbiters Utah, but no justice of the peace is elected in cities having city courts. Compensation of justices is related to a schedule of fees for services performed. The schedules are set by the several county minor disputes. They retain their importance in rural areas and small towns of Utah, but are becoming more and more controversial in urban areas, where the more d sophisticated and city and district courts are readily accessible. Justices courts do exist and operate in all counties of better-equippe- Both justices and city courts also function as small claims courts, which have jurisdiction in actions for the recovery of sums not exceeding $200. Simplified procedures are followed and parties may represent themselves (although they may be represented by counsel if they so desire). As with other judgments of city and justices courts, decisions of small claims courts may be appealed to district court. r Water Commission Stirs Issues Looking Recognition of social uses and noneconomic uses of water as a basis for establishing water rights. In total, there are 16 chapters in the 1,100 page report. Each chapter is a condensation of the studies primarily by private contractors. These studies have produced much valuable information. However, the report should create alarm in most states of the nation. The principal cause of concern springs from the basic recommendation: that users of water be charged the full cost of development as well as management of water projects. i 8. Prepared by Leonard H. Johnson Assistant Director Natural Resources Department American Farm Bureau Federation The National Water Commissions Report is now available for review in a preliminary draft form. A number of disturbing agricultural issues involving water resources are clearly identified. This Blue Ribbon Commission was created by on September 26, 1968. By law the Public Law Commission is charged with making recommendations to the President and Congress as to future national water policy. This is a Commission to study water issues such as the PLLR Commission studied public lands. Members of the Commission are: Charles F. Luce of New York, Chairman; Howell Appling, Portland, Oregon; James R. Ellis, Seattle, Washington; Roger C. Ernst, Phoenix, Arizona; Ray K. Linsley, Palo Alto, California; James E. Murphy, Kalispell, Montana; and Josiah Wheat, Woodville, Texas. The Commission has now completed its studies and prepared a tentative report of its findings and recommendations. The following are a few of the provacative ideas: 1. The engineering, design and construction activities of the Bureau of Reclamation should be phased out. 2. All costs of new irrigation facilities should be recovered from irrigators, with interest at prevailing rates. 3. Beneficiary charges should provide full repayment of flood control, drainage and shoreline protection. 4. A basic concept found in the report is that the market system should be used to establish a price for water area by area. 5. One of the Commissions studies uses three models of irrigation water pricing: $15.00 an acre-fooand $30.00 an $22.50 an acre-foo- t; . acre-footThe $30.00 an acre-foo- t price for water is reported in detail in the Com90-51- 5, t; missions tentative report. 6. A review of acreage limitations, with a recommendation that limitations be abolished. to resolve the 7. A recommendation Reservation Water problems, not only of Indian claims, but also the Reservation doctrine claims. in-dep- moved out of production by the year 2000. The production losses from irrigated lands would be picked up in agricultural lands that are receiving payments to be idle. The Commission recommendation to charge for benefits received is extended to include water transportation, flood control, navigation, etc., but not recreation. This policy would increase costs of water based transportation. It is estimated that a ship using the Columbia River locks facilities would have an average charge of $2,800 for each time it used the river. The development of a national water policy that has balance between conflicting needs and varied points-of-viewill be achieved easily. A review of the new facts and ideas produced by the Commission studies should be helpful in many areas. However, the Commissions findings that additional water development for food production is not needed, that the development of water projects is no longer important to social, economic or employment opportunities, that funds invested in water conservation and development could be better invested in other areas, and that die noneconomic uses of water should be given water rights, indicates much more discussion and study is needed. It is too early to determine what these extensive Water Commission findings- will spawn. The Commissions studies could set in motion sounder water project planning and development or do irreparable damage to the west and the nation. Whether the economic principles outlined by the Commission are sound is uncertain, but the Commissions concept for allocating water resources should be understood and studied carefully in policy development by all state Farm Bureaus, particularly in all areas of significant water use. - by President EDUCATION PROGRAM NATIONAL Searcy, Arkansas WIIAT AMERICA NEEDS MOST Fifty years ago the Vice President of the United States, Thomas Riley Marshall, made a flippant remark that has been repeated up through the years probably more than any other remark by an American leader. What this country needs, he said jokingly to the Chief Clerk of the United States Senate, is a good five-cecigar. He had nt got a whiff of smoke while visiting in the Senates sanctum sanctorum (the famed Senate Goak Room where the air was always filled with cigar smoke) and found it noxious and obnoxious. His tongue-in-chee- k remark about the need for a good five-cecigar has been widely repeated throughout the nt years since 1923. What this country needs and this is a serious today 50 observation unmatched great, is sound in- struction in the American of constitutional system government and in our unique economic system based on private ownership of property, the profit motive, the com- -' petitive market, and the personal requirement of for all the There is so much to report on this growing demand that our next several columns will be devoted to it. For instance, Arizona recently passed a law requiring all its schools to teach the facts about our American free enterprise system (well have more on this later). Louisiana has had such a law since 1961, but not until a new State Superintendent of Education was elected (this year) has it been implemented. Cause and Effect Oklahoma public schools are cooperating in citizenship seminars which emphasize the great benefits of the private enterprise system (as opposed to government operation of the facilities of production and distribution Socialism). We are now witnessing a of in interest the resurgence self-relian- ce able-bodie- d. Youth Citizenship Seminars which we helped to establish in 11 states in the past few years. We presently are working with leaders in other states to establish more such annual seminars. People in still other states have contacted me on some aspect of the same problem. It wasnt a foul-smelli- ng smoke that caused so many concerned citizens to speak out or act upon the need for citizenship education. What has stirred up the interest, I think, has been the obnoxious spectacles, mainly displayed on TV newscasts, of so many and hippie types attacking the principles and foundations of our American system. And perhaps even more provocative has been the fact that so many school children, high school pupils and college students have come home from school to confront their parents with superficial and wholly uninformed attacks on the establishment and the system. Youngsters Our Hope Whatever the cause and of most the Im certain that dirt work has been deliberately carried on by forces bent on the destruction of our nation millions of our young people have been alienated from the American system. In recent weeks weve g reported on how well the inhave propagandists flitrated textbooks and how widely these books condemning the American system have been put to use. There are instances too (and well report on some) in which textbooks teaching patriotism and giving objective facts about our American system have been boycotted. left-win- Yet Im convinced, on the basis of my personal experience in American citizenship education, in every school in the land, from elementary through college. More and more people are making this same conclusion and saying the same thing in words of their own. It would be a great boon to the future security, prosperity and happiness of the people of the United States if a great chorus would rise out of the grass-root- s among thousands of young people in 1972, that our youngsters given half a will become the most chance effective advocates and states: needs government, and American of our 50 country What this is good citizenship education for all its its citizens, especially children. Demand Grows 3 values embedded peaceniks Dr. George S. Benson th If implemented, the studies indicated that from nine to 20 million acres of irrigated land would be w Ahead Page My mail and my telephone in recent months nave brought more communications on this need than at any time in the last 10 to 12 years. The dimate is swiftly developing for the integration into the American school system of courses on the . . defenders of those principles and values that have so surely proved their worth to our society through more than two centuries. Our column next week will report on the development of in American history, American Mini-cours- es for wide spread economics use in the schools of America. Yes this is what America needs most in this fateful decade of the 70s. |