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TUCKER v. BANKS

No. 15678.

578 P.2d 13 (1978)

John Riley TUCKER, III, Plaintiff, v. Honorable Jay E. BANKS, District Judge, Defendant.

Supreme Court of Utah.

April 6, 1978.

Attorney(s) appearing for the Case

Grant M. Prisbrey, Salt Lake City, for plaintiff.

Robert B. Hansen, Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for defendant.

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...

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