5 of 1970 - A resolution urging the District Court Judges, the District Attorney’s Office and the County Attorne ' L -
Resolution No _ _5
? p By Mayor J. Bracken Lee
{r _ COMM memory. - -
Urging the District Court Judges, the
District Attorney' s Office and the
County Attorney's Office to take the
necessary steps to set bail higher than
usual on persons already free on bail
for other charges.
Presented to the Board of Commissioners
AND PASSED
FEB 101970
tqW0.044V6\04e4t0
CITY RECOP
RECEIVED
ALDON J.ANDERSON
JUDGE MAR 2 1970
THIRD JUDICIAL DISTRICT COURT
SALT LAKE CITY I,UTAH
February 25, 1970NVOW*0 �i
wt,Amami
The Honorable Board of City Commissioners
City and County Building
Salt Lake City, Utah
Gentlemen:
Because I am presently serving as the Judge of the
Criminal Division of the District Court, 1 have been asked by
our Presiding Judge, Leonard Elton, to respond to the formally
stated resolution of the City Commission. The spirit of it
seemed to urge the District Court Judges to be aware of your
concern about the increasing crime rate and the number of in-
dividuals who supposedly are committing new offenses while on
bond, and expressed the hope that adequate steps were being
taken to meet these problems.
May i express our personal appreciation for the con-
cern you evidence in a problem that affects all of us. While
we are a different branch of government, we are happy to have
your interest and suggestions. We hope we may in like fashion
call on the executive department for consideration of matters
that cause us concern or affect our area of government when
occasion seems to justify it. We would like to think of our-
selves as partners in providing better public service.
Frankly speaking, the factor which, in my judgment,
most significantly affects the problem which impelled you to
write is that or case backlog and delay in the holding of pre-
liminary hearings. While trials on the District Court level
have been and are being set with little delay, preliminary hear-
ings before January 1 of this year were frequently delayed and
continued over long periods of time, substantially affecting
the quality of justice, depriving individual defendants in too
many instances or the "speedy trial" promised by the 6th amend-
ment to the U.S. Constitution. Such delays, with individuals
under the burden of criminal charge, with employment difficult to
obtain or maintain, stimulate further temptations for lawless
conduct on the part of those under charge. If caught on the
new offense they frequently will try to wash it out in a negoti-
ated plea.
City Commissioners
February 25, 1970
Page 2
When your commission finally found the answer to the
financial problems which held up the appointment of a fifth
judge and made it effective as of the first of this year, we
were greatly encouraged. Since that time, conditions have sub-
stantially improved. My latest check reveals that the two city
judges assigned to criminal matters are now setting cases for
preliminary hearing the last of March or the first of April.
This represents a substantial change for the better which I
am advised will continue to improve. On District Court level
we have assigned two judges to hear criminal matters so that the
backlog won't just be passed up to our court.
Your concern with bail procedures is one with which
the courts have been wrestling for some time. Judicial seminars
throughout the country have had this as a major topic of dis-
cussion for the past two years. In January of this year, a
judicial conference was held in Salt Lake City, Utah, for
all Supreme, District, City and Juvenile judges. Governor Calvin
L. Rampton discussed with the judges opportunities in the field
of bail procedure and the qualification of bail bondsmen under
the Omnibus Crime Control Act. The writer and two of your city
judges have met in committee several times working on proposals
in this field. We have agreed upon and as of the time of your
resolution were carrying out new policies affecting this area
of our work. For example:
1. All those who are presently presuming to file
bonds as professional bondsmen have been interviewed
and examined under oath as to their qualifications.
An affidavit from each under oath has been required to
be filed with the district court supporting their
qualifications. A policy has been established requir-
ing a review of the same at the beginning of each court
term.
2. Individuals brought before the city judges as
committing magistrates are advised that in the event of
any subsequent offenses charged that special settings for
preliminary hearings will be granted, consideration given
to an increase in the amount of the bond required, and
that the district court will generally not permit negoti-
ation of plea involving any such offense, that the
matters will be tried on their merits without regard to
prior charges.
City Commissioners
February 25, 1970
Page 3
3. We are undertaking a study of present bond prac-
tices of the bondsmen and also of the laws in other states
bearing on bail bond qualifications and procedures so
that when the legislature meets next we may propose
amendments to present laws that will implement what our
experience and study show should be done in our commun-
ity.
Other unrelated factors bearing heavily on the success
of the law enforcement effort are careful case preparation in
the field by the investigating police, adequate opportunity to
advise with and be guided by the prosecutor in completing case
investigations, and diligent and dedicated effort by the office
of the District Attorney at trial stage.
From my own experience as a former District Attorney
and a judge, I feel that great benefits for effective law enforce-
ment could be derived from the unification of the office of the
County Attorney and the District Attorney insofar as the prose-
cution of criminal matters is concerned. Also, the attorneys
prosecuting should not be part-time lawyers, but be career men.
The part-time system, where young lawyers seek to gather exper-
ience while developing a civil practice is a bargain basement
product. Justice is not a product that can be bought "cheap"
where crime comes with such a high price tag.
I trust this response will be informative and helpful
to you.
Sinc ely,
i
Aldo J. Anderson
AJA:mks
i, ,cid�Ir«.6' ... �a.w....n,.r.....�rt I.rIWI✓• ___ _�.; .-.r.�-... r a- ar
•
.RECEIVED
ALDON J.ANDERSON
JUDGE
h,4
THIRD JUDICIAL DISTRICT COURT
SALT LAKE CITY I,UTAH
February 25, 1970
The Honorable Board of City Commissioners
City and County Building
Salt Lake City, Utah
Gentlemen:
Because I am presently serving as the Judge or the
Criminal Division of the District Court, i nave been asked by
our Presiding Judge, Leonard Elton, to respond to the formally
stated resolution of the City Commission. The spirit or it
seemed to urge the District Court Judges to De aware of your
concern about the increasing crime rate and the number or in-
dividuals who supposedly are committing new offenses while on
bond, and expressed the hope that adequate steps were being
taken to meet these problems.
May i express our personal appreciation for the con-
cern you evidence in a problem that affects all or us. While
we are a different branch of government, we are happy to have
your interest and suggestions. We hope we may in like fashion
call on the executive department for consideration of matters
that cause us concern or affect our area ci government when
occasion seems to justify it. We would like to think of our-
selves as partners in providing better public service.
Frankly speaking, the factor whicn, in my judgment,
most significantly affects the problem which impelled you to
write is that or case backlog and delay in the holding of pre-
liminary hearings. While trials on the District Court level
have been and are being set with little delay, preliminary near-
ings before January 1 of this year were frequently delayed and
continued over long periods of time, substantially affecting
the quality of justice, depriving individual defendants in too
many instances or the "speedy trial" promised by the 6th amend-
ment to the U.S. Constitution. Sucn delays, witn individuals
under the burden of criminal charge, with employment difficult to
obtain or maintain, stimulate further temptations for lawless
conduct on the part or those under charge. If caught on the
new offense they frequently will try to wash it out in a negoti-
ated plea.
City Commissioners
February 25, 1970
Page 2
When your commission finally found tne answer to the
financial problems which held up the appointment of a filth
judge and made .it effective as of the first of this year, we
were greatly encouraged. Since that time, conditions have sub-
stantially improved. My latest check reveals that the two city
judges assigned to criminal matters are now sett.inu cases for
preliminary hearing the last of March or the first of April.
This represents a substantial change for the better which I
am advised will continue to improve. On Listrict Court level
we have assigned two judges to hear criminal matters so tnat tne
backlog won't just be passed up to our court.
Your concern with bail procedures is one with which
the courts have been wrestling for some time. Judicial seminars '
throughout the country have had this as a major topic of dis-
cussion for the past two years. In January of this year, a
judicial 'conference was held in Salt Lake City, Utah, for
all Supreme, District, City and Juvenile judges. Governor Calvin
L. Rampton discussed with the judges opportunities in the field
of bail procedure and the qualification of bail bondsmen under
the Omnibus Crime Control Act. The writer and two of your city
judges have met in committee several times working on proposals
in this field. We have agreed upon and as of the time of your
resolution were carrying out new policies affecting this area
of our work. For example:
1. All those who are presently presuming to file
bonds as professional bondsmen have been interviewed
. and examined under oath as to their qualifications.
An affidavit from each under oath has been required to
be filed with the district court supporting their
qualifications. A policy has been established requir-
ing a review of the same at the beginning of each court
term.
2. Individuals brought before the city judges as
committing magistrates are advised that in the event of
any subsequent offenses charged that special settings for
preliminary hearings will be granted, consideration given
to an increase in the amount of the bond required, and
that the district court will generally not permit negoti-
ation of plea involving any such offense, that the
matters will be tried on their merits without regard to
prior charges.
. .,. eir.:eL+ay....:r►�uaa:brtalduP� .:0,'4�a3.,�.xa-..._..,�:;,._..,_. ..
City Commissioners
February 25, 1970
Page 3
3. We are undertaking a study of present bond prac-
tices of the bondsmen and also of the laws in Other states
bearing on bail bond qualifications and procedures so
that when the legislature meets next we may propose
amendments to present laws that will implement what our
experience and study show should be done in our commun-
ity.
Other unrelated factors bearing heavily on the success
of the law enforcement effort are careful case preparation in
the field by the investigating police, adequate opportunity to
advise with and be guided by the prosecutor in completing case
investigations, and diligent and dedicated effort by the office
of the District Attorney at trial stage.
From my own experience as a former District Attorney
and a judge, I feel that great benefits for effective law enforce-
ment could be derived from the unification of the office of the
County Attorney and the District Attorney insofar as the prose-
cution of criminal matters is concerned. Also, the attorneys
prosecuting should not be part-time lawyers, but be career men.
The part-time system, where young lawyers seek to gather exper-
ience while developing a civil practice is a bargain basement
product. justice is not a product that can be bou4ht "cheap"
where crime comes with such a high price tag.
I trust this response will be informative and helpful
to you.
Since iv,
Aldo, j. Tnc3erson
AJA:mks
•
REO.66-65-300
ROLL CALL
J Salt Lake City,Utah, February 10 19 70
VOTING Aye Nay .
•
Barker_. . . .
I move that the Resolution be adopted.
Catmull . . .
Garn . .
f(/_ .
Harrison . . .
Mr. Chairman .
RESOLUTION
Result . . . .
�i
WHEREAS, it is apparent that the number of felonies being
committed is increasing at an alarming rate; and
WHEREAS, the evidence indicates that a great number of said
felonies are committed by persons who are already free on bail on
other charges; and
WHEREAS, many persons are freed on two or more successive bonds
at any given time; and
WHEREAS, to continue to release a person on bail charge after
charge allows such person to continue to pursue his criminal activi-
ties pending trial; and
WHEREAS, it is the solemn duty of the duly elected City Board
of Commissioners to represent and protect the rights of the electorate;
and
WHEREAS, the City Board of Commissioners is greatly concerned
with protecting the rights of the law-abiding majority; and
WHEREAS, the City Board of Commissioners is desirous of seeing
that bail is not so easily available on successive charges;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
SALT LAKE CITY, UTAH, on its behalf and on behalf of the citizens
of Salt Lake City, that said Board does hereby urge the District
Court Judges of the Third Judicial District, State of Utah; the
District Attorney's Office of the Third Judicial District, State
of Utah; and the Salt Lake County Attorney's Office to take what-
ever steps necessary to see that bail on subsequent charges is set
substantially higher than usual, taking into account the greater
risk of flight by the accused to avoid several charges rather than
just one and the threat to the public peace and welfare.
BE IT FURTHER RESOLVED that the City Recorder be directed to
send copies of this Resolution to the District Court Judges of the
Third Judicial District, the District Attorney's Office of the Third
Judicial District, and the Salt Lake County Attorney's Office.
Passed by the Board of Commissioners of Salt Lake City, Utah,
this 10th day of February, 1970.
AWERK TEMPORARY CHAIRMAN