| (1) |
Before the implementation, rejection, or modification of any commission order the Supreme Court shall:
Terms Used In Utah Code 78A-11-111- 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
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
| (a) |
review the commission’s proceedings as to both law and fact and may permit the introduction of additional evidence; and |
| (b) |
consider the number and nature of previous orders issued by the Supreme Court and may increase the severity of the order based on a pattern or practice of misconduct or for any other reason that the Supreme Court finds just and proper. |
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| (2) |
After briefs have been submitted and any oral argument made, the Supreme Court shall issue its order implementing, rejecting, or modifying the commission’s order. |
| (3) |
| (a) |
Upon an order for removal, the judge shall be removed from office and his salary or compensation ceases from the date of the order. |
| (b) |
Upon an order for suspension from office, the judge may not perform any judicial functions and may not receive a salary for the period of suspension. |
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Enacted by Chapter 3, 2008 General Session
