by Jamie Belnap

STAFF WRITER

The head judge of the 3rd District Court in Utah says many judges don't want to work in Tooele because a posting in the town means being the only judge handling a large, and at times complex, calendar of both civil and criminal cases.

"The job gets a little overwhelming," said 3rd District Court Presiding Judge Robert Hilder.

At the Matheson Courthouse in Salt Lake City, 21 judges handle either civil or criminal matters -- not both -- making the case load more focused and containable. Also, four commissioners help with the pretrial work in divorce cases. The West Jordan Courthouse is comprised of five judges and one commissioner who split up the case load. And in Summit County -- an area dubbed to be the toughest court on judges in the 3rd District because of frequent multimillion-dollar litigation cases -- Hilder himself volunteers one day a week to help the sole judge there get through his busy calendar.

But the Tooele court, which serves a larger population than the Summit court, is still running with only one judge.

In a recent Salt Lake Tribune article, Hilder was quoted as saying that judges disliked working in Tooele because "it's remote and lonely." Hilder said his words were misconstrued, though he believes the case load makes Tooele a challenging court to work in.

Placement of 3rd District judges all boils down to seniority. Judges with more years on the bench are able to pick and choose where they would like to work, leaving newer judges to fill vacancies in smaller, fast-growing areas like Tooele and Summit counties.

"As a general rule, someone who has settled downtown for 10 years at the Matheson Courthouse doesn't just up and move," Hilder said. "There isn't a lot of incentive."

But, Hilder added, that trend is hopefully about to change.

"We need to send experienced judges to Tooele and Summit," Hilder said. "Minimum experience should be a requirement, and then factor in seniority."

Hence the reason Hilder asked Judge Stephen Henriod to consider transferring to fill the 3rd District Court Tooele vacancy left by the departure of Judge Mark Kouris, who fulfilled his two-year tenancy and moved to the West Jordan Courthouse.

"Judge Henriod didn't give me the slightest hesitation," Hilder said. "He is one of our most experienced judges."

Hilder said Henriod's transfer will serve two purposes: First, it will set an example that it's OK for senior judges to go out to Tooele. Second, it will allow a senior judge to observe the court at close quarters, assess its needs and come up with some suggestions of how to ease the case load.

"I don't think a new judge could come back and give me a good understanding of what the court's needs are," Hilder said.

Because of exponential growth in the last few years and future projected growth, Tooele needs another judge to help handle the ever-increasing case load -- a move that needs to start now in order to work its way through the system in time, Hilder said.

Henriod's assessment will help the court begin the process of appealing for additional state funding to pay another judge. Hilder said pulling a judge from one of the other busy courthouses in the district isn't an option.

"Unless we can get the Legislature to fund another judge, where will we get one from?" Hilder asked, adding that a new judge for Tooele won't likely happen until 2010.

Tooele is a place where judges definitely get both feet wet and really get into the fascinating aspects of the job, Hilder said. They just don't typically bid for the opportunity.

"We have not had a judge go to Tooele who hasn't loved it," Hilder said. "That doesn't mean they chose to go, but it is the most popular assignment after they get there. They love the community and the mixed calendar. Most judges, when they try Tooele, enjoy it."

jamieb@tooeletranscript.com