Sunday, January 30, 1977

Color Country Spectrum

Location: Saint George, Utah

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Color Country Spectrum (Newspaper) - January 30, 1977, Saint George, Utah Color Country Spectrum Sunday, January 30.1977 The printed voice of Utah's booming Southwest! Volume 13 Number 245 Local forecast Cedar City: Generally fair tnrough Monday; light winds, highs Sundav and Monday about 50: lows Sunday night near 20. St. George1 Generally fair mild daytime tem- peratures through Monday; light higns Sunday and Monday -n the lower 60s: low s Sunday night near 3U. Cedar City faces bond election The architect's model gives residents a view of the proposed municipal building. Residents will vote Tuesday on a bond to finance the bundling of the proposed structure. Residents to vote on building issue CEDAR CITY-The last of the arguments about the pros and cons of a Si-million bond issue are now being heard as Cedar City residents prepare to vote Tuesday on the bond to build a new municipal building. Several groups organized themselves on both sides of the issue, the "Citizens For A New City Building pushing for passage of the bond and the Iron County Tax Payers Association calling for a rejection of the bond. The city council and administration have worked over the past month for passage of the bond by holding information meetings at local civic groups and public meetings. In a public meeting Thursday. Cedar City Mayor Kerry- Jones told the group that if this bond doesn't pass, the city offices will remain where they are and another year or two will pass before holding another election. He also stated that the cost of building would make the required bond higher to meet the increased building costs. Voters will be able to vote from 7 a.m. to 8 p.m. at two locations Districts 1-8 will vote at the SUSC Fieldhouse and Districts 9-16 will vote at the North Elementary' School. The Cedar council proposes abandoning the present city offices for the new structure. City courts may go judges support it justices of the peace oppose it By PAUL ROBERTS Spectrum Staff Writer ST. GEORGE-St. George may lose its city- court. Legislation is currently in the Utah Legislature that would dissolve all city courts in me State of Utah and replace them with circuit courts if it is passed. The new system would be a means of in- suring a separation of powers between the judicial and other branches of the local governments, according to Judge Robert F. Owens of the St. George City Court. Under the present system, the justices of the peace are appointed at the pleasure of the city council. Owens explained. In many cases throughout the state, the justices of the peace answer to the city council. There are times when city court judges are pressured by city councils to raise revenues for the city. (This, however, is not the case in St. George, the judge said.) Under the circuit court system, this would not be possible, the judge said. The state would be in charge of the courts. Owens said one basis justifying the circuit court system is the grounds of efficiency. All citv courts would be turned into circuit courts More jurisdiction would be given to the circuit courts than are presently granted the city courts. This would lighten the load on the district courts and bringing cases to trial much more quickly. Owens said efficiency is not the only reason for adopting the circuit court system. Secondary to the improved judicial system is the revenue. Although the circuit court would be a revenue user, it would still draw revenures for the local governments. Owens said St. George should do better from the standpoint of revenue. The circuit court will continue to carry all traffic violations within the city. If the accused pleads guilty, the city will get 100 per cent of the fine. However, if it is contested and taken to the district court. 75 per cent will go to the city and 25 per cent w ill go to the state. This For Cedar City, Page will apply on both the city and county level throughout the state. The jurisdiction of the circuit court would be enlarged over that of the city courts, Owens explained. In civil suits, the circuit court will handle all cases up to while the city court currently has jurisdiction over all of up to Criminal cases to be handled by the circuit court would include Class A misdemeanors while the city courts presently handle matiers up to Class B misdemeanor. An advantage to this. Owens said, is that the courts will be able to better serve the people because the people will not have to wait for district court to make its rounds to a given area. Owens said he cannot see any way the bill would hurt St. George City if it is passed. ''I don't see that from the standpoint of the interest of St. George there will be any detriment in it.'" he said. -'It's the type of uniformity that really doesn't detract from the local controls of the local courts." Owens said the proposed court system would allow a local judge to utilize state facilities for post-sentence rehabilitation. Presently all the city judge can do is fine the convicted, put him on probation or send him to jail. If the proposed legislation passes, there will oe two circuit judges in Washington. Iron. Beaver and Millard Counties-Judge Owens and Christian Ronnow. Cedar City judge. St. George City Atty. John Palmer said he favors anything that will "upgrade the quality of the court system in Utah." There are two areas of concern when it cornes to changing the court system, he said. One is what will it do to the quality of the judicial system. Another one is what will it cost? Palmer said he believes the former is much more important of a consideration than the latter. However, if the cost becomes too high, that must be taken into consideration. One major advantage the bill offers is the elimination of trails de novo-new jury trials at different levels of court. Once a jury trial has been completed, and the accused is found guilty, the case may be appealed to a higher court. However, the higher court will only- rule on constitutional matters rather than hearing the evidence all over again. Currently a person may have a jury trial in the city court then appeal to the district court and Lave another trial. Palmer said this is a waste of time. "If you can have two complete trials, way not three or Palmer said the judges will be able to move from one circuit to another where the need exists. This will make a limited number of judges throughout the state possible. The bill calls for no more than 12 circuits and 33 judges. A circuit will be no smaller than a county and no larger than a judicial district. The justices of the peace in the state have taken a stand against the bill. Judge Wiilard Farr. justice of the peace for Washington County, said the cost of the system is prohibitive and is greater than that represented by the backers of the proposal- According to a position paper prepared by the Utah State Justice of the Peace Association, Ogden City stands to lose as much as S330.000 per year if the bill is ap- proved. The proponents of the bill have neglected such costs as building rental, at- torney costs, police costs directed to courts, election costs, inspection services, collections and process serving. The position statement said "revenue will shift from local levels to state levels under this proposal. That fact plus the increased cost, much of which remains unidentified, will result in a net loss of revenue at the local level in most instances." Counties will receive 50 per cent of fines levied against those who violate state statutes while they have been getting all of it. "They will get 100 per cent of violations of county ordinances, but... for all city courts for fiscal year 1975 that amounted to a total of only S455.50." Continued on page 2 To outlaw pornography Ordinance goes before counci By BILL COOPER Spectrum Staff Writer ST. GEORGE-The Concerned Citizens for Moral Decency, a self created group of citizens formed to abolish the sale and distribution of pornography in St. George, mav have at least pan of their demands granted Thursday as the city council will consider adopting an ordinance outlawing the distribution of the material. City attorney John Palmer indicated that an ordinance will be ready for the council to consider in the Thursday meeting. Palmer was directed in the last council meeting to draft an ordinance and have it ready for the Thursday meeting. Palmer indicated that the ordinance, "will undoubtably require some amendments In the last council meeting, the citizens group, headed by Dr. John Welch, asked the council to draft an ordinance similar to an ordinance for Orern. "It will not be patterned after the Orem Palmer indicated. He said that ordinance sets up powers that may not be enforceable In the council meeting Palmer suggested the council wait until a model ordinance had been created by the state. "My main concern is that we remain somewhat rational." In the council meeting many representatives of the citizen's group demanded the council act immediately to create the ordinance. According to Palmer, the ordinance will define what is obscene, and make it a Class B misdemeanor to break the ordinance. He also indicated that the ordinance will contain some provision for injunctions that would prohibit violators from further breaking the ordinance. The ordinance wanted as a pattern for St. George, sets up a citizens committee to review questionable material. Palmer in- dicated the St. George ordinance would not set up a committee to control the distribution of the material. Palmer indicated he felt voluntary com- plaince was the best for the community, but said his concern is that a committee may cause problems if it developed into a vigilante group The city currently has no ordinance governing the distribution of the material in question, however Palmer stated in the past council meeting that the state has an or- dinance. He alpo stated that the city has troubles administering the state ordinance Roving Reporter Board okays air service suspension WHAT IMPACT ON LIFESTYLES IS THE INFLUX OF "OUTSIDERS" HAVING ON SOUTHERN UTAH? CEDAR CITY. Utah Hughes Airwest has been told it can suspend its air service 10 Cedar City and Page. Ariz., for three providing another carrier provides at least two daily round trips during the week. Airwest petitioned the Civil Aeronautics Board last year for permission to drop the flights. Both cities are currently part of a regular run between Salt Lake City and Las Vegas. N'ev. Hearings were held in Cedar City by Judge Wiliam Kane Jr. last summer He recom- mended to the CAB that Ainvest's authority to serve the cities should not be un- conditionally suspended. The ?B ruling contains several conditions, including a requirement that the suspension order would terminate within one month if Sky West Aviation of St. George, or another acceptable commuter line, ceased or failed to provide at least two daily round trips Monday through Kndav and one round trip on Saturday and Sunday between Cedar and either Sait Lake or Las Vegas. T-wo daily round trips will be required Monday through Friday and one per weekend between Page and either Salt Lake or Las Vegas, under the order. Sky West now makes regular flights along the same route served by Hughes. Rates charged by the commuter line will not be allowed to exceed the fares now charged by- Hughes Airwest. The CAB order states, "Our review of the record leads us to conclude that the future need for local air service at these small communities can most successfully be met by reliable, small aircraft service." Judge Kane had earlier said that a small commuter line service would probably need some form of subsidy over the long haul. The annual subsidy to Hughes Airwest for the route was estimated at nearly or more than per passenger. "I think It's good because it gives mere business to our town." Schnelter, Bloomlngton bring money into my place. I'm not brainwashable since I've got no brain." Steve LaFevre, Cedar City "The growth is good for the community. Personally, I don't like the growth. I like the small town because you don't have much crime and you kind of know everybody." -Brent Whitney, St. George "I feel they get along well. I think they like it, and we are friendly with them. Outsiders like Cedar." -Colleen Murdock, Cedar City. "I think it's a good idea. It brings people together. I think it's a good influence." Alan Limb, Cedar City "it's good, I think. We're bringing in people who know how other people live." Norman Cox, St. George