State of the Judiciary, 1992
| Publication year | 1992 |
| Pages | 8 |
| Citation | Vol. 5 No. 3 Pg. 8 |
Gordon R. Hall, Chief Justice.
Monday, January 13, 1992, to the Legislature
STATE OF THE JUDICIARY ADDRESS
Governor Bangerter, President Christensen, Speaker Moody, special guests and friends.
I remember vividly the last time I addressed you in this setting. We were all very anxious about the looming Persian Gulf War which erupted less than 24 hours later. During the war, each of us felt the personal impact of the sacrifices made by military men and women to protect the future of our country, and the liberties we hold dear.
Later in the year, another momentous event reminded us of the value of our hard-won freedoms. This event, of course, was the dissolution of the Soviet Union. Almost like the witch in the Wizard of Oz, the mighty enemy, against whom we had marshalled so much of our will and wealth over the decades, dissolved before our eyes. Now. each of the constituent parts of the old Soviet empire is struggling to establish a framework for a democratic society based upon the rule of law and respect for individual rights.
These two major turning points in 20th \ century history gave deeper meaning to our recent celebration of the bicentennial of the Bill of Rights. As we celebrated our legacy of constitutional government, we were reminded of what we must do to keep these foundations strong. Preserving our rights and liberties is not a "one shot" effort. Since change is inevitable, maintaining a strong justice system is a task in which we must be continuously engaged. I hope to review with you today the progress the judicial branch has made in the last year, and our concerns about the immediate and long range challenges we face.
COMMISSION ON JUSTICE IN THE 21st CENTURY
Freedom to choose, as individuals, or as members of a representative body, is a privilege we have zealously guarded for two centuries. Our living Bill of Rights has been a valuable tool in defending this privilege. Today, each of us is free to choose from among a multitude of policies and programs. But, of course, no one can free us from the consequences of those choices.
So we try to choose carefully; to do our homework, to fit today's decisions into a frame-work for a better tomorrow. Your leadership in the Utah Tomorrow Planning Project demonstrated your commitment to Utah's future. I appreciated your invitation to the Judiciary to participate with you in this important process. It was based on your example that the Judicial Council appointed the Commission on Justice in the 21st Century.
The Commission comprised a broad and diverse group. In addition to judges from each level of court, members included lay citizens, religious leaders, educators, lawyers, business people, legislators, and representatives of the Executive Branch. They were charged with critically examining the Utah Judiciary, and setting a course for a justice system able to meet the challenges of the next century.
You will soon be receiving a copy of the Commission's final report, prepared under the direction of Commission Chair Roy Simmons. The report contains over 100 recommendations for improving the quality of justice for future generations. Much of the excellent work of the Commission has been integrated into the Utah Tomorrow Benchmarks. It is the responsibility of all us to see that your benchmarks and the recommendations of the Simmon's Commission serve as a litmus test for our future policy decisions.
THE PRACTICE OF LAW
Lawyers play an essential role in the fair administration of justice. But in performing their duties, they frequently I become the focal point of the anger, frustrations and disappointment frequently present in disputes. Often overlooked are the significant voluntary contributions bar members make to the quality of justice.
During this past year Utah lawyers have donated more than 22, 000 hours of volunteer time to help individuals with their legal problems. Scores of local lawyers have volunteered to participate in the Tuesday Night Bar program, which offers free consultation to assist individuals in resolving legal problems. Lawyers have stepped forward to donate legal representation in habeas corpus cases which otherwise would require taxpayer support. A dedicated corps of lawyers also volunteers hundreds of hours each year as pro tempore judges in small claims court.
During the last year, after several years of study new model civil jury instructions were published. This taxing and complex task was accomplished through the research and staff support contributed by members of the Bar. In addition, over eighty lawyers from across the state donated hundreds of hours of their time and law office resources each month to research and evaluate proposed amendments to the rules of evidence and procedure.
Pursuing our constitutional mandate to regulate the practice of law, the Supreme Court appointed a Special Task Force on the Management and Regulation of the Practice of Law in May of 1990. The Task Force was charged with conducting a comprehensive review of all financial and management issues confronting the state bar.
The task force commissioned a survey of every member of the bar, and held meetings throughout the state to gain input and gather responses to its initial recommendations. This "ground zero" evaluation of the management of the Bar inevitably caused some anxiety and operational challenges. But the strong leadership of the...
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