(1)  The commission may issue subpoenas in aid of an investigation of a complaint filed with the commission. The subpoena shall have the same authority as an order of the district court. Commission subpoenas shall be issued in the manner and form prescribed for subpoenas by the Utah Rules of Civil Procedure. Commission subpoenas shall be served in the manner prescribed for subpoenas by the Utah Rules of Civil Procedure.

Terms Used In Utah Code 78A-11-113

  • 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
  • Investigation: means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, Section 13. See Utah Code 78A-11-102
  • Person: means :Utah Code 68-3-12.5
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    • (2)  The commission may administer oaths and compel testimony under oath in aid of an investigation of a complaint filed with the commission and at hearings before the commission.

    (3)  If a person fails to comply with a subpoena, or if a person appears before the commission and refuses to testify to a matter upon which the person may be lawfully questioned, the person is in contempt of the commission, and the commission may file in the district court a motion for an order to show cause why the penalties established in 3, should not be imposed.

    Renumbered and Amended by Chapter 3, 2008 General Session

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