Legal Opinion

Tucker v. Banks

Utah Supreme Court

Decided April 6, 1978No. 15678PublishedCited by 4 opinions

1Opinion of the Court

ELLETT, Chief Justice:

This is another case where a twice-adjudged guilty drunk driver seeks a loophole through which he hopes to escape his just desserts.

His first claim is that the city judge pro tempore who originally tried him was not a judge in the city court. Our statute provides that when a city judge is unable to act, the mayor may appoint a judge pro tempore to hold court.1 The statute provides:. the judge pro tempore so appointed shall possess all the qualifications required of the city judge and shall be vested with the same powers and authority. [Emphasis added.]

The qualifications…

2Cases cited2 opinions

  1. State v. LyteUtah Supreme Court · 1930
  2. Salt Lake City v. PerkinsUtah Supreme Court · 1952

3Cited by4 opinions

  1. State v. MartinezMontana Supreme Court · 2003
  2. State v. MartinezMontana Supreme Court · 2003
  3. State v. TaylorUtah Supreme Court · 1983
  4. State v. TaylorUtah Supreme Court · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API