Washington County (Utah). Probate Court

Entity: 1738
Entity Type: County

Abstract

With the creation of Utah Territory in 1850, federal law gave county probate courts authority over the estates, but the Federal Govenment established district courts with Federally appointed judges to adjudicate civil, and criminal matters. At odds with Federal authority, the Territorial Legislature established control by expanding the jurisdiction of probate courts to include civil and criminal cases, thus granting them parallel jurisdiction with district courts. In 1869, the Territorial Legislature further expanded the court's authority be designating it as a vehicle through which town site lands could be conveyed to private owndership. In 1874 Washington checked the expanded authority of Utah's probate courts with the Poland Act, which limited the court's jurisdiction to probate and divorce cases. With statehood, county probate courts were abolished altogether.

Biography/History Notes

From 1856, when the county government of Washington County was officially organized, the Washington County Probate Court handled civil and criminal cases in addition to estate and guardianship cases. Civil cases included divorce, naturalization, debt collection, and such things as mortgage foreclosures. Criminal cases heard by the Washington County Probate Court included murder, rape, larceny, robbery, and contempt of court. In 1872 the probate court began holding special sessions to adjudicate land claims in Washington County's cities and towns. In 1874, the Probate Court ceased to handle criminal or civil cases with the exception of divorces. It ceased handling divorce cases in 1887.

The Territorial Legislature initially appointed probate court judges and the governor issued their commissions, In practice, probate judges were often Mormon ecclesiastical leaders. John D. Lee, Washington County's first probate judge was a Church leader and also a former member of the Council of Fifty, Salt Lake City's pioneer governing body. When the Poland Act passed (1874), probate judges became publicly elected officials, and the Edmunds-Tucker Act (1887) provided that probate judges should be appointed by the President of the United States.

Territorial probate courts consisted of a probate judge and a clerk. The courts met quarterly in March, June, September and December. From 1856 to 1865, the Washington County Probate Court met at the Judge's home or at the school in Washington. Beginning in 1865 the Court convened in Saint George, the newly created Washington County seat. Up until 1880, when the clerk became an elected official, the Probate Judge appointed his own clerk. As originally established, the probate judge and clerk also presided over the County Court, which later became the County Commission.

Hierarchy

Washington County (Utah)
Probate Court