WORKLOAD SWAMPS PROVO COURT

Suspended Judge Gets Paid, Can't Handle Cases

PROVO -- Long lines with frustrated patrons and stacks of unopened mail are
just some of the symptoms of overburdened staff and judges at 4th District
Court.

Although it's not the official line, most court officials will confide that
it strikes them ironic that in a time of budget cuts and staff reductions,
the state continues to pay a 4th District judge his $103,000 annual salary
while he is on suspension pending a felony drug charge.

Ray Harding Jr., who is fighting a third-degree felony drug charge stemming
from an alleged drug addiction, has been on paid suspension ordered by the
Utah Supreme Court since July 15, drawing his normal salary. Recent court
hearings indicate that Harding may be on suspension until March, when he is
scheduled to stand trial.

But the absence of the judge has left his fellow judges and court staff
struggling to take up a pile of cases left behind. Paul Sheffield, court
administrator for the 4th District, estimated Harding left behind some 357
felony cases, which had to be distributed among the remaining nine judges.

"It's been a big burden. Our other judges have tried to fill in the best
they can," Sheffield said. "As a result, their other cases back up, it just
kind of plugs up the system."

And because Harding is on paid suspension, court officials cannot replace him.

Harding's arrest and subsequent suspension could not have come at a worse
time for 4th District Court. Sheffield said budget cuts by the Utah
Legislature to the courts forced them to lose four court clerk positions
and one court reporter position. There was also a 12 percent cut to their
travel budget and a 5 percent cut in expenses.

That, combined with the sudden loss of one judge, has court morale low and
the work load high.

"It's been a real scramble," Sheffield said.

Court staff posted a sign at the front counter, apologizing to patrons for
the long lines. There are not enough clerks to help the public, many of
whom take time off work to pay traffic fines, file court documents and the
like.

Sheffield said behind the scenes, there are times when the mail goes
unopened because they are shorthanded. Typically each judge is given two
court clerks, but some judges have lost one clerk due to other demands on
the court.

Utah law requires the court to pay Harding while on suspension, said Tim
Shea, senior staff attorney for the Utah Administrative Office of the Courts.

"He cannot be replaced until there is a vacancy. His cases can be, and are,
being reassigned," Shea said.

Shea said state statutes and the Utah Constitution mandate that a judge on
suspension be paid full salary.

When asked about the irony of the situation, Shea respectfully declined to
comment.

"We'll say no comment to that. It would not be appropriate to characterize
that situation," Shea said.

But Harding's attorney, Ed Brass, said it is unfair to blame all the woes
of 4th District Court on his client.

"He's presumed innocent, and it's the right thing for him to be receiving a
salary," Brass said. "I think to attribute budgetary issues to him is unfair."

Brass said Harding would love to be working, but that the order from the
Utah Supreme Court precludes him from doing so.

And the situation in court is improving. Sheffield said since Harding's
suspension, several judges from all over the state have volunteered to come
to Utah County to handle court calendars, providing a much-needed hand.
Offers from retired judges have also come in. So far, Sheffield said,
several such judges have stepped in to work once a week on the municipal
court calendar, handling traffic tickets and other minor cases. Their
presence, Sheffield said, allows the district judges to deal with the
larger cases.

Sheffield said by January, court scheduling will be reworked to better
handle case distribution, taking some pressure off 4th District judges.