Utah Chief Justice urges resources for Justice Reinvestment, proposes licensed paralegal practitioners

Chief Justice Durant addressed the Utah Senate on Jan. 25, 2016, urging further resources and structural changes to make the Justice Reinvestment Initiative (JRI) work as intended. He described House Bill 348 as "the most significant change in Utah criminal justice policy in decades" and cautioned that, absent treatment capacity, "the system will likely worsen."

Durant told senators the JRI reforms, many of which took effect in October, shift the system away from incarceration and toward treatment and evidence-based sentencing. That shift, he said, requires training judges in new tools and—critically—additional treatment resources for defendants with substance abuse and mental-health needs. "Without adequate treatment resources to balance the equation, the promise of this model will not be realized," he said.

On indigent defense, Durant summarized a Judicial Council Committee report (about 192 pages) that identified three problems and three solutions. The committee recommended creation of a statewide indigent defense commission to set data-collection standards, compile information on local delivery of counsel, and monitor appointment and performance of defense counsel. Durant said Senator Weiler (with Representative McKay) will introduce legislation this session to implement that recommendation.

Durant also described pretrial-release reform work carried out by a broadly representative study committee. He said the committee prepared 12 recommendations that include using short, validated risk-assessment tools so that release decisions rely on flight and reoffense risk rather than wealth. He noted Senator Hilliard will sponsor legislation reflecting these recommendations.

To expand access to civil justice, Durant described a Supreme Court committee proposal to create a licensed paralegal practitioner—modeled in part on physician assistants—to provide limited services in debt collection, landlord-tenant, and family-law matters at lower cost than lawyers. He framed the proposal as part of a market-driven approach to increase access to justice, complementing online court assistance, modest means programs, and pro bono work.

Durant closed by noting the courts' continuing needs: two new judges (a Fourth District juvenile court judge and a Fifth District district court judge covering Washington, Iron and Beaver counties) and appreciation for previous legislative pay steps. He cited a court survey showing 95 percent of respondents reported being treated with courtesy and respect and urged the Legislature to address resource shortfalls tied to implementation of JRI.