Iron County (Utah). Probate Court

Concerned about the power of The Church of Jesus Christ of Latter-day Saints in Utah, Congressman Luke Poland sponsored a bill which passed in 1874. The Poland Act revoked Utah county probate courts' jurisdiction in criminal and civil affairs with the exception of divorce cases. In 1887 the Edmunds-Tucker Act revoked the probate courts' jurisdiction over divorces as well. At statehood county probate courts were abolished altogether. In Iron County, Fifth District Court: Iron County assumed the jurisdiction over estates previously held by the Iron County Probate Court.

Iron County, originally called Little Salt Lake County, was one of the original six counties organized in the newly created Utah Territory in 1850. The Iron County Probate Court handled civil and criminal cases in addition to the estate and guardianship matters traditionally handled by probate courts from 1852 to 1874. Civil cases heard by the Iron County Probate Court include divorce, naturalization, and property disputes. In 1872 the Probate Court began holding special session to adjudicate land claims in Iron County's cities and towns. After 1874 the court no longer handled criminal or civil cases, with the exception of divorces, which it continued to hear until 1887.

The Territorial Legislature initially appointed probate court judges for four year terms, and the Governor issued their commissions. Judges were required to reside in the county and to preside at all sessions of the probate court. In practice, probate judges were often also Mormon ecclesiastical leaders. The Poland Act (1874) made probate court judges publicly elected officials and the Edmunds-Tucker Act (1887) provided that the judges should be appointed by the President of the United States.

County probate courts met quarterly in March, June, September and December. Originally the judge of each county probate court appointed a clerk to keep a true and faithful record of all the proceedings of the court (Compiled Laws of Utah, 1876, chapter 3, section 32). In 1880 the probate court clerks became elected officials, elected for two year terms (Compiled Laws of Utah, 1888, chapter 4, section 91). Originally the probate judge also presided over the County Court, which later became the County Commission, and the clerk officiated in both courts.