The membership of the commission consists of the following 11 members:
Terms Used In Utah Code 78A-11-103
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13 and this chapter. See Utah Code 78A-11-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Complaint: includes :
(i)
a written complaint against a judge; or
(ii)
an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102
Judge: includes the chief justice of the Supreme Court, a justice of the Supreme Court, an appellate court judge, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state. See Utah Code 78A-11-102
Quorum: The number of legislators that must be present to do business.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)
two members of the House of Representatives to be appointed by the speaker of the House of Representatives for a four-year term, not more than one of whom may be of the same political party as the speaker;
(b)
two members of the Senate to be appointed by the president of the Senate for a four-year term, not more than one of whom may be of the same political party as the president;
(c)
two members of, and in good standing with, the Utah State Bar, who shall be appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may reside in the same judicial district;
(d)
three persons not members of the Utah State Bar, who shall be appointed by the governor, with the advice and consent of the Senate, in accordance with 2, for four-year terms, not more than two of whom may be of the same political party as the governor; and
(e)
two judges to be appointed by a majority of the Utah Supreme Court for a four-year term, neither of whom may:
(i)
be a member of the Utah Supreme Court;
(ii)
serve on the same level of court as the other; and
(iii)
if trial judges, serve primarily in the same judicial district as the other.
(2)
(a)
The terms of the members shall be staggered so that approximately half of the commission expires every two years.
(b)
Members of the commission may not serve longer than eight years.
(3)
The commission shall establish guidelines and procedures for the disqualification of any member from consideration of any matter. A judge who is a member of the commission or the Supreme Court may not participate in any proceedings involving the judge’s own removal or retirement.
(4)
(a)
When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the appointing authority for that position for the unexpired term.
(b)
If the appointing authority fails to appoint a replacement, the commissioners who have been appointed may act as a commission under all the provisions of this section.
(5)
Six members of the commission shall constitute a quorum. Any action of a majority of the quorum constitutes the action of the commission.
(6)
(a)
At each commission meeting, the chair and executive director shall schedule all complaints to be heard by the commission and present any information from which a reasonable inference can be drawn that a judge has committed misconduct so that the commission may determine by majority vote of a quorum whether the executive director shall draft a written complaint in accordance with Subsection 78A-11-102(2)(b).
(b)
The chair and executive director may not act to dismiss any complaint without a majority vote of a quorum of the commission.
(c)
A member of the commission described in Subsection (1)(d) shall comply with the conflict of interest provisions described in 3.
(7)
It is the responsibility of the chair and the executive director to ensure that the commission complies with the procedures of the commission.
(8)
The chair shall be nonvoting except in the case of a tie vote.
(9)
The chair shall be allowed the actual expenses of secretarial services, the expenses of services for either a court reporter or a transcriber of electronic tape recordings, and other necessary administrative expenses incurred in the performance of the duties of the commission.
(10)
Upon a majority vote of the quorum, the commission may:
(a)
employ an executive director, legal counsel, investigators, and other staff to assist the commission; and
(b)
incur other reasonable and necessary expenses within the authorized budget of the commission and consistent with the duties of the commission.
