78A-11-106 - Criminal investigation of a judge -- Administrative leave.
78A-11-106. Criminal investigation of a judge -- Administrative leave.
(1) (a) (i) If the commission, during the course of its investigation into an allegation ofjudicial misconduct, receives information upon which a reasonable person might conclude that amisdemeanor or felony under state or federal law has been committed by a judge other than thechief justice of the Supreme Court, the commission shall immediately refer the allegation andany information relevant to the potential criminal violation to the chief justice of the SupremeCourt.
(ii) (A) Unless the allegation is plainly frivolous, the commission shall also immediatelyrefer the allegation of criminal misconduct and any information relevant to the potential criminalviolation to the local prosecuting attorney having jurisdiction to investigate and prosecute thecrime.
(B) If the local prosecuting attorney receiving the allegation of criminal misconduct of ajudge practices before that judge on a regular basis, or has a conflict of interest in investigatingthe crime, the local prosecuting attorney shall refer the allegation of criminal misconduct toanother local or state prosecutor who would not have the same disability or conflict.
(C) The commission may concurrently proceed with its investigation of the complaintwithout waiting for the resolution of the criminal investigation by the prosecuting attorney.
(b) The chief justice of the Supreme Court may place a justice of the Supreme Court, anappellate court judge, district court judge, active senior judge, juvenile court judge, justice courtjudge, active senior justice court judge, or judge pro tempore on administrative leave with orwithout pay if the chief justice has a reasonable basis to believe that the alleged crime occurred,that the justice of the Supreme Court, appellate court judge, district court judge, active seniorjudge, juvenile court judge, justice court judge, active senior justice court judge, or judge protempore committed the crime, and that the crime was either a felony or a misdemeanor whichconduct may be prejudicial to the administration of justice or which brings a judicial office intodisrepute.
(2) (a) If the commission, during the course of its investigation into an allegation ofjudicial misconduct, receives information upon which a reasonable person might conclude that amisdemeanor or felony under state or federal law has been committed by the chief justice of theSupreme Court, the commission shall immediately refer the allegation and any informationrelevant to the potential criminal violation to two justices of the Supreme Court and the localprosecuting attorney in accordance with Subsection (1)(a)(ii).
(b) Two justices of the Supreme Court may place the chief justice of the Supreme Courton administrative leave with or without pay if the two justices have a reasonable basis to believethat the alleged crime occurred, that the chief justice committed the crime, and that the crime waseither a felony or a misdemeanor which conduct may be prejudicial to the administration ofjustice or which brings a judicial office into disrepute.
(3) (a) If a judge is or has been criminally charged or indicted for a class A misdemeanoror any felony under state or federal law and if the Supreme Court has not already acted underSubsection (1) or (2), the appropriate member or members of the Supreme Court as provided inSubsection (1) or (2), shall place the judge on administrative leave with or without pay pendingthe outcome of the criminal proceeding.
(b) The administrator of the courts shall, for the duration of the administrative leave,withhold all employer and employee contributions required under Sections 49-17-301 and49-18-301.
(c) If the judge is not convicted of the criminal charge, and if after an investigation andfinal disposition of the case by the Judicial Conduct Commission, the judge is reinstated by theSupreme Court as provided in Subsection (4), then the judge shall be paid the salary orcompensation for the period of administrative leave, and all contributions withheld underSubsection (3)(b) shall be deposited in accordance with Sections 49-17-301 and 49-18-301.
(4) The chief justice of the Supreme Court or two justices of the Supreme Court whoordered the judge on administrative leave shall order the reinstatement of the judge:
(a) if the prosecutor to whom the allegations are referred by the commission determinesno charge or indictment should be filed; or
(b) after final disposition of the criminal case, if the judge is not convicted of a criminalcharge and if the commission has not ordered the removal of the judge.
Renumbered and Amended by Chapter 3, 2008 General Session