Utah chief justice praises court reforms, announces leadership transition

SALT LAKE CITY — Chief Justice Christine Durham delivered the State of the Judiciary to the Utah House, saying the judicial branch is “doing remarkably well” while describing a decade of reforms that she said have improved access, reduced delay, and expanded services for vulnerable Utahns.

Durham told legislators that justice court reform, new case-management systems, and the publication of performance measures have strengthened fairness and transparency across the state’s courts. “We are doing remarkably well,” she said, and urged continued support for initiatives that help self-represented litigants and at-risk children.

Durham outlined several concrete achievements: changes to selection and retention practices and compensation in justice courts; a statewide automated case-management and records system; performance transparency noted by the National Law Journal; an expansion of problem-solving courts — she said Utah now has 46 drug courts in district and juvenile courts and mental health courts in 4 of the state’s 8 judicial districts — and enhanced interpreter services. She described the courts’ technology shift as “e everything,” listing e-filing, e-warrants, e-payments and e-transcripts, and said the courts have implemented a new statewide juvenile information system called CARE.

Durham also highlighted cross-branch work on children in foster care under an initiative she called IOU (Initiative for Utah Children in Foster Care), saying it brings together government leaders, education and child-welfare providers, foster and kinship-care organizations, health providers, and faith and business communities to improve education and health outcomes for children in care.

On resource matters, Durham said the courts are not seeking restoration of lost resources or ongoing new funds “with one modest exception” — legislation to define and expand the courts’ self-help center, which would build on a successful pilot and support tens of thousands of Utahns who appear without counsel. “This part of our workload has grown exponentially during the recession,” she said.

Durham described broad operational changes carried out in recent years: retooling of business processes, reorganization of clerks’ offices, use of senior judges and court interpreters, and new civil-litigation rules intended to reduce cost and delay. She said those rule changes are receiving national attention as a model for other states and federal courts.

Durham framed the reforms against a backdrop of leaner staffing — she said the courts are about 20 percent leaner in personnel than a decade earlier — and emphasized that for most residents the work of state courts, not federal courts, determines timely access to justice.

Near the end of her address she announced a planned leadership transition. Durham said she will step down as chief justice in March and that the court has unanimously selected Associate Chief Justice Matthew Durrant to begin a term as chief justice on April 1. “Justice Durrant is blessed with great ability, a great intellect, and a great sense of humor,” she said, adding that his selection will allow an orderly transition.

The House received Durham’s remarks in a Committee of the Whole; Representative Deeb moved to resolve into committee to hear the presentation, the motion passed by voice vote, and later the House dissolved the Committee of the Whole by voice vote. After the address the reading clerk introduced three bills for first reading and referral to the rules committee: House Bill 1 (public education based budget amendments, Rep. Newbold), House Bill 68 (power sport vehicle franchise act amendments, Rep. Sagers), and House Bill 80 (reorganization of administrative support functions in state agencies, Rep. Harper). The House adjourned until Tuesday, Jan. 24, 2012.

Durham closed by thanking legislators and court staff for their work and support of the judiciary, and legislators thanked her for the report and her years of service as chief justice.