Views from the Bench

JurisdictionUtah,United States
CitationVol. 29 No. 3 Pg. 20
Pages20
Publication year2016
Views from the Bench
No. Vol. 29 No. 3 Pg. 20
Utah Bar Journal
June, 2016

May, 2016

From Bar to Bench:

First Impressions and Important Lessons\

Laura S. Scott, Judge

Monday, January 5, 2015. The most terrifying day of my life. Scarier than jumping out of an airplane or getting married for the second time or being peppered with statutory construction questions by Associate Chief Justice Lee. It was my first day on the bench, and I was facing a 100-plus criminal law and motion calendar. Not only did I lack criminal law experience, the last time I reviewed the rules of criminal procedure was in 1993 studying for the bar exam. In the weeks leading up to that day, I observed court, read and re-read the rules of criminal procedure, and bombarded Judge Blanch with questions. But even after extensive preparation and Judge Blanch’s patient mentoring, I still fantasized about getting into a non-fatal single-car accident on the way to court that would result in a short trip to the emergency room, cancellation of the law and motion calendar, and time to re-think my decision to become a judge.

I survived my first day as a criminal-calendar judge in large part because of the prosecutors and legal defenders. Without ego or condescension or attempting to take advantage of my inexperience, they helped me navigate this new world of bond hearings, probation violations, plea colloquies, AP&P reports, competency evaluations, and sentencings. They embodied professionalism and civility by treating everyone with respect, granting continuances and other accommodations, conceding obvious points and unwinnable arguments, and not squabbling about inconsequential matters. After a “mere” three months, I came to truly enjoy the criminal calendar.

I then transferred to a civil calendar, which I naively assumed would be an easier learning curve because of my seventeen years as a civil litigator at a large law firm. I described my civil practice as “broad based.” But “broad” does not begin to describe the diversity of cases on a civil calendar or the sheer volume of them. In a given week, I will review fifty-plus motions, orders, and other pleadings involving everything from adoption to zoning. But unlike at a large law firm, where I had the support Volume 29 No. 3 of associates and paralegals and staff, court resources are limited, and I share my excellent law clerk with two other judges.

Which brings me to this article. A few months ago, Judge Orme asked me to...

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