Chief Justice Durham tells Utah Senate courts are shifting to problem-solving approach, urges statewide access-to-justice initiative

Chief Justice Christine Durham told members of the Utah State Senate that the state’s courts have shifted from pure case disposition toward outcome-focused, "problem-solving" justice, and urged lawmakers to support a statewide effort to expand access to civil legal services.

"Access to justice is a fundamental right in a just society," Durham said in her State of the Judiciary remarks, calling for a broad-based initiative that would bring together court leaders, lawmakers, legal providers and community organizations. She cited existing efforts — the Community Legal Center, clinical pro bono programs at law schools and the "And Justice for All" fundraising project — and said the bar estimates Utah lawyers have donated more than $10,000,000 in services and cash to assist people of limited means.

Durham described administrative steps the judicial council has taken to focus limited resources on programs that demonstrably work, noting the courts have downsized by "about 100" nonjudicial positions, roughly 8 percent of that workforce. She emphasized that efficiencies must be matched by investments in legal representation and services to ensure fair outcomes.

To illustrate the human impact of recent juvenile reforms, Durham read a letter from a child who wrote, "Love, Josh," describing being placed in foster homes and later finding a permanent family. She said the average length of time a Utah child used to spend in foster care was "2 to 3 years. Now, it's 10 and a half months," a change she credited in significant part to legislative work and new court practices.

Durham highlighted "problem-solving" courts such as drug courts, mental-health courts and domestic-violence courts as part of a broader shift that includes new technology, staffing and partnerships with service providers. She also noted a pilot program opening juvenile proceedings to the public, saying participating courts worked to develop awareness and protocols and hoped the pilot would inform future practice.

In a question-and-answer period, senators asked about the courts’ role in signaling statutory gaps to the Legislature, adequacy of criminal defense representation and the costs and effects of expanding jury trials in juvenile or other civil contexts. Durham said the Utah Supreme Court governs admission and practice of lawyers, acknowledged concerns about heavy public defender caseloads, and recommended strengthening existing systems while studying targeted reforms.

The Senate received Durham and members of the Supreme Court in a committee of the whole, expressed appreciation after the presentation and then dissolved the committee and adjourned.