A University of Utah football crowd, perhaps?
Try the Salt Lake County Council, convened any given Tuesday, to sit in judgment during a citizens' open-records appeal.
But the District Attorney's Office says the lapses in decorum have gone too far.
"The hearing with the little dogs was just a circus," Deputy Attorney Gavin Anderson said, referring to last month's session on whether commercial records should be available to owners of pet businesses.
The antics, he said, impede the council's duty to the law and never would be tolerated in a courtroom.
During a contentious debate this week, council members acknowledged the professionalism problem. But, when convened as the quasi-judicial body for Government Records Access and Management Act (GRAMA) appeals, Councilman Joe Hatch says the behavior swings both ways.
Along with cell chimes and chatter, he notes deputies for the DA have been known to "whoop it up" in applauding some of the council's rulings.
"The lack of consistency in the decisions and the clear bias the DA has in certain outcomes gives us a clear lack of professionalism," said Hatch, a lawyer.
Council members also complained that no protocol exists for when to recuse themselves during the records hearings.
The revelations led Councilman David Wilde to suggest the county renege its GRAMA role and punt the appeals to the state records committee.
"I do not think we do a very good job," Wilde said. "We make decisions that have nothing to do with the law. [Council decisions] have to do with whether we like somebody or not."
Wilde also noted Salt Lake County is the only governing body in Utah that hears such appeals.
But Councilman Randy Horiuchi - singled out earlier by Chairman Michael Jensen when Horiuchi's cell phone rang twice during discussions - said stripping that function is analogous to taking away the county's Board of Equalization powers.
"There's no difference," said Horiuchi, who regards the council "more as jurors" than judges. "Both are quasi-judicial."
Karl Hendrickson, chief deputy for the DA, says the word "quasi" may signal more relaxed behavior, but does not change the council's fundamental legal obligation.
For Hatch, that means continuing to hear appeals, particularly if they have public policy implications. "To pass that on to a state body because we kind of look like jerks occasionally is a complete abrogation of our responsibility," he said.
But Hendrickson says the council must be careful, noting boorish behavior may be more than just a nuisance. He cites a California appeals case last year that was overturned in court due to the lack of decorum by the Los Angeles City Council.
"If you create the impression that you didn't listen carefully or were distracted by other things, it opens you up to challenge on appeal," he said.
The council held off on a vote, but will continue its discussion next week.
djensen@sltrib.com


