| (1) |
Terms Used In Utah Code 78A-11-110- Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13 and this chapter. See Utah Code 78A-11-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
| (a) |
A hearing may be conducted before a quorum of the commission. |
| (b) |
Any finding or order shall be made upon a majority vote of the quorum. |
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| (2) |
Alternatively, the commission may appoint three special masters, who are judges of courts of record, to hear and take evidence in the matter and to report to the commission. |
| (3) |
| (a) |
After the hearing or after considering the record and report of the masters, if the commission finds by a preponderance of the evidence that misconduct occurred, it shall order the reprimand, censure, suspension, removal, or involuntary retirement of the judge. |
| (b) |
When a commission order is sent to the Supreme Court, it shall also be:
| (i) |
publicly disclosed; and |
| (ii) |
sent to the entity that appointed the judge. |
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| (c) |
In recommending any order, including stipulated orders, the commission may not place, or attempt to place, any condition or limitation upon the Supreme Court’s constitutional power to:
| (i) |
review the commission’s proceedings as to both law and fact; or |
| (ii) |
implement, reject, or modify a commission order. |
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| (4) |
When the commission issues any order, including a stipulated order, that is sent to the Supreme Court, the record shall include:
| (a) |
the original complaint and any other information regarding violations, or potential violations, of the Code of Judicial Conduct; |
| (c) |
all correspondence and other documents which passed between the commission and the judge; |
| (d) |
all letters which may explain the charges; |
| (e) |
all affidavits, subpoenas, and testimony of witnesses; |
| (f) |
the commission’s findings of fact and conclusions of law; |
| (g) |
a transcript of any proceedings, including hearings on motions; |
| (h) |
a copy of each exhibit admitted into evidence; |
| (i) |
a summary of all the complaints dismissed by the commission against the judge which contained allegations or information similar in nature to the misconduct under review by the Supreme Court; |
| (j) |
a summary of all the orders implemented, rejected, or modified by the Supreme Court against the judge; and |
| (k) |
all information in the commission’s files on any informal resolution, including any letter of admonition, comment, or caution, that the commission issued against the judge prior to May 1, 2000. |
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Enacted by Chapter 3, 2008 General Session
