78A-11-103 - Judicial Conduct Commission -- Members -- Terms -- Vacancies -- Voting -- Power of chair.
78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies --Voting -- Power of chair.
(1) The membership of the commission consists of the following 11 members:
(a) two members of the House of Representatives to be appointed by the speaker of theHouse of Representatives for a four-year term, not more than one of whom may be of the samepolitical party as the speaker;
(b) two members of the Senate to be appointed by the president of the Senate for afour-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 beappointed by a majority of the Utah Supreme Court for a four-year term, none of whom mayreside in the same judicial district;
(d) three persons not members of the Utah State Bar, who shall be appointed by thegovernor, with the consent of the Senate, for four-year terms, not more than two of whom may beof the same political party as the governor;
(e) one member of the Utah Court of Appeals to be selected by a majority of the UtahSupreme Court for a four-year term; and
(f) one judge from a trial court of record to be selected by a majority of the UtahSupreme Court for a four-year term.
(2) (a) The terms of the members shall be staggered so that approximately half of thecommission 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 ofany member from consideration of any matter. A judge who is a member of the commission orthe Supreme Court may not participate in any proceedings involving the judge's own removal orretirement.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shallbe appointed by the appointing authority for that position for the unexpired term.
(b) If the appointing authority fails to appoint a replacement, the commissioners whohave 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 majorityof the quorum constitutes the action of the commission.
(6) (a) At each commission meeting, the chair and executive director shall schedule allcomplaints to be heard by the commission and present any information from which a reasonableinference can be drawn that a judge has committed misconduct so that the commission maydetermine by majority vote of a quorum whether the executive director shall draft a writtencomplaint in accordance with Subsection 78A-11-102(2)(b).
(b) The chair and executive director may not act to dismiss any complaint without amajority vote of a quorum of the commission.
(7) It is the responsibility of the chair and the executive director to ensure that thecommission 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 ofservices for either a court reporter or a transcriber of electronic tape recordings, and othernecessary 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 thecommission; and
(b) incur other reasonable and necessary expenses within the authorized budget of thecommission and consistent with the duties of the commission.
(11) The commission shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, outlining its procedures and the appointment of masters.
Renumbered and Amended by Chapter 3, 2008 General Session