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Show Lawsuit Could Open Many Questions by Max C. Jarman When County Attorney, Robert Adkins, filed a friendly law suit against Justice William Lence and the city of Park City, contesting con-testing the legality of the city justice court in Park City last week, he may have opened a Pandora's box of legal inconsistencies in the state's justice courts for years. The "friendly" suit was filed to establish the legality legal-ity of Park City's Justice Court. The suit also seeks to establish the status of a city justice court in relation to a County Justice of the Peace Court. COUNTY ATTORNEYAd-kins ATTORNEYAd-kins maintains that for the court in Park City to be "legal", Park City must first be designated as a judicial precinct by the County Board of Commissioners. The County Attorney can find no trace of such a designation ever being made. As grounds for his complaint com-plaint Adkins cites State Statute 17-16-6 which states in part: The Board of County Commissioners, as public piamt. "Park City," states Nemelka, "does not have to be first designated a legal judicial precinct by the County Commission before it's court can be deemed legal." As grounds for his rebuttal, Carl Nemelka cites State Statute 10-6-30 which states in part: In a city of the third class, (over 800 population) on or before the first Monday in February, following a municipal election, elec-tion, the Mayor with the advice of the City Council shall appoint in each of such cities where in no city court exists, a City Justice of the Peace. Nemelka maintains this statute provides Park City the power to appoint a City Justice of the Peace without first being deemed ;a legal judicial precinct by the County Commissioners. The County Attorney re-butts, re-butts, "We recognize that statute, but it is our interpretation inter-pretation that a judicial precinct pre-cinct must first be established estab-lished by the County Commissioners Com-missioners before a mayor of a third class city can go ahead and appoint a City Justice of the Peace." As to why Park City was never established as a judicial jud-icial precinct and at what point in time Park City first However, Adkins did concede con-cede that there is a possibility possib-ility Park City was designated designat-ed as a judicial precinct by the County Commission numerous years ago and records rec-ords of that designation lost. IF THE FOURTH District Court in Coalville rules that the Park City Court is illegal, il-legal, every case heard in the court, 30 days prior to the verdict, could be overturned over-turned (the statute oflimita-tions oflimita-tions on appeals, grants a 30 day period in which a convicted con-victed person must file an appeal. If he does not file within 30 days, he loses any further rights to do so.) If the office of City Justice Jus-tice is eliminated in Park City," according to Carl Nemelka, "Park City would have no means of enforcing it's city ordinances. Besides," Be-sides," he goes on, "There is a state statute which prohibits pro-hibits County officials from obstructing the vital workings work-ings of a city." If the Park City court is found to be illegal, the city would have no other alternative alter-native but to appeal the cast to the Supreme Court. Nemelka Nem-elka reiterates, "we would have to appeal it other wise we couldn't enforce our ordinances." or-dinances." Justice Lence feels that the case should go to the Supreme Court regardless. It is a situation which exists all over the state," comments com-ments Lence, "if you are going go-ing to start pulling skeletons out of the closet you might as well go all the way with it and clear it up once and for all." If the case goes to the Utah Supreme Court, their ruling will become a case study. A precident to be followed by State Judicial authorities will be set. ' Meanwhile, on the advice of Adkins and Nemelka, Justice Jus-tice Lence has injoined himself him-self from hearing any state cases to avoid dismissals of important cases if the court is found to be illegal. "I have ordered the police not to bring any cases involving-the involving-the violations o f State statutes to me," said Lence, "but to take them to Justice Kilby." On the advice of CarlNem-elka, CarlNem-elka, Justice Lence will continue con-tinue to hear cases which involve city ordinances. ( Continued page four ) convenience may require, shall divide the County into precincts for the election of justices of the peace. Since apparently this was never done in the case of Park City Adkins concludes that the Park City Justice Court may be illegal. CITY ATTORNEY Carl Nemelka, defending attorney for Park City in this case, stands in direct contrast to the County Attorney's corn- appointed a City Justice of the Peace, is anyone's guess. "It is obvious ParkjCityhas had a City Justice Court for a long time," stated Adkins. "Just how long is a matter we are looking deeply into." In contrast to common-law common-law marriages longevity has no bearing on the legality of a court. "If the court is illegal il-legal and unconstitutional in the first place," said Adkins, Ad-kins, "shear longevity would never make it a legal body," ... Lawsuit Supreme Court hands down, will be an original interpretation inter-pretation of at least four ordinances andStateStatutes under question. According to Adkins, there has never been a legal interpretation inter-pretation of these statutes. He goes on, "that is my primary object in filing the suit. To get a declaratory judgment handed down by the courts as to how we should interpret these matters." Evidence points to the tact that County and City Justices exist in overlapping districts dis-tricts all over the state. Up until now, the legality of those precincts has never been questioned. For this reason, Adkins' suit could have far reaching effects within the Justice of the Peace Courts throughout Utah. (Continued from Page Two) According to state statutes Justice Kilby, a County Justice, Jus-tice, may only hear cases involving County ordinances and state statutes. Justice Lence (a City Justice) has sole jurisdiction over cases involving city ordinances, but no jurisdiction over County ordinances. The state statutes involving involv-ing the judicial jurisdiction of a County Justice (Kilby) with respect to a City Justice Jus-tice (Bill Lence) is another matter which Adkins is seeking seek-ing to establish through the suit. ' IF PARK CITY was never designated as a separate precinct, and if Park City was never incorporated in the County precinct, presided presid-ed over by Justice Kilby, which appears to be the case, then Justice Kilby has no jurisdicrion within the City limits of Park City. Justice Kilby has in tjie past held court at the Memorial Building Build-ing in Park City. It if is found that he has no jurisdiction juris-diction in Park City, then those cases heard by Kilby in Park City could be appealed ap-pealed on the grounds that it is unconstitutional for, a election could be overturned. Most of the votes cast for Kilby in the last election (and many elections in the past) HAVE BEEN CAST BY Park have been cast by Park City residents. If Park City is not included in Kilby's precinct then Park City residents are not entitled to vote for him. Nemelka comments, "If Kilby's Kil-by's election deemed illegal then the office he holds would be illegal also and all the cases he has heard will go out the window." As to the legality of his election and subsequently the office he holds, Justice Kilby Kil-by states, "Yes, if it's upheld up-held by the court that Park City does not come under my jurisdiction the Board of County Commissioners would have to vacate my office of-fice and hold a special election." elec-tion." He continues, "However, "How-ever, due to the fact that I ran unopposed in the last election, the County Commissioners Com-missioners might see fit to throw out the Park City ballots and recount only the ballots cast out in the County." Coun-ty." WHATEVER RULING the Fourth District Court, and if it should go that far, the person to be tried in a district dis-trict other than the one where the crime occurred. Since Kilby cannot hear cases involving in-volving city ordinances it must be assumed that the crime occurred in the county. coun-ty. If Park City was never incorporated into the county coun-ty precinct, and if Kilby has no jurisdiction in Park City, it can be assumed that if that crime is tried in Park City it is not in the judicial district where it occurred. ANOTHER IMPLICATION of the matter could involve the illegality of Justice Kilby's Kil-by's court. AccordingtoCity Attorney Carl Nemelka, if Park City were never incorporated in-corporated into Justice Kilty's Kil-ty's pr ecinct then Kilby's |