Ogden weighs court benefits

Council faces bond vote for $2.4 million
By JOHN WRIGHT
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Standard-Examiner Staff
jwright@standard.net
November 14, 2005

OGDEN -- A justice court would bring an additional $168,000 a year for Ogden by 2011, according to what city officials call a conservative estimate.

Nevertheless, they say revenue is not the motivation for a plan to start a justice court.

The City Council is scheduled to vote Tuesday on whether to set in motion the clock for issuing up to $2.4 million in 20-year sales tax revenue bonds for a justice court. The bonds would cover renovation of the former Weber-Morgan Health Department building, 2570 Grant Ave., to house the court, plus cover personnel costs in the fiscal year beginning July 1.

Although the bond debt would be guaranteed with sales tax revenue, it would be repaid using revenue from fines, fees and forfeitures associated with the court, officials say.

Because of debt service and operations, the court would be in the red for its first two years, according to a five-year pro forma released by the city. But it would bring in at least $41,000 in fiscal 2009, $92,000 in fiscal 2010 and $168,000 in fiscal 2011.

"We know we'll do better than that," Ogden Fleet and Facilities Manager Richard Brookins told the City Council during a Thursday evening work session on the proposed justice court.

Chief Administrative Officer John Patterson said the court would expedite justice and give the city more control over things like code enforcement.

"This is not a cash cow, as some may have suggested," Patterson told the council.

Justice Courts have come under fire in parts of Utah because of the revenue they generate -- Salt Lake City's brings in about $5 million annually -- as well as high conviction rates and the fact that judges are not independent of municipal officials.

But Deputy City Attorney Andrea Lockwood said the court would allow for better handling of misdemeanor cases. The justice court would have jurisdiction over class A and B misdemeanor, traffic and small claims cases, which currently go to 2nd District Court.

"District court Judges, they see them as a nuisance," Lockwood said of misdemeanors.

Ogden Management Services Director said justice should be revenue-neutral, but includes the cost of operating such things as the police department.

"The city bears the the cost of most of the other end of that," he said.

According to the city's estimates, the justice court would handle 18,368 traffic, 5,097 criminal and 3,500 small claims cases a year.

City treasurer Mike Goodwin told the council it would mark the first time Ogden has issued sales tax-revenue bonds, which were not allowed in Utah until about four years ago.

Other local government entities that have issued sales tax-revenue bonds include Weber County, which used them to build its new health department building, and North Ogden, which used them for its recreation center.

"There would be no need for anything like a tax increase," Lockwood said.