Compendium of Budget Information for the 2011 General Session

Infrastructure & General Government
Appropriations Subcommittee

Line Item: Judicial Conduct Commission

Function

The Judicial Conduct Commission is a quasi-independent agency that investigates and resolves complaints against Utah judges. The executive director manages claims, assigns investigators, and prosecutes judges when necessary. The commission dismisses approximately ninety percent of all complaints, resolves five percent by stipulation, and conducts formal hearings for five percent of all complaints.

Statutory Authority

A constitutional amendment passed in 1984 established the Commission as part of Article VIII, Section 13 of the Utah Constitution. Following investigations and hearings, if the commission finds cause as outlined in Section 13, it may recommend that the Supreme Court reprimand, censure, suspend, remove, or involuntarily retire any justice or judge.

Commission composition is defined in UCA 78A-11-103 as:

Two members from the House of Representatives
Two members of the Senate
Two members of the Utah State Bar
Three non-members of the Bar, appointed by the governor with consent of the Senate
One member of the Utah Court of Appeals
One judge from a trial court of record

Intent Language

Under Section 63J-1-603 of the Utah Code the Legislature intends that appropriations provided for the Department of Administrative Services - Judicial Conduct Commission in Item 39 of Chapter 396 Laws of Utah 2009 not lapse at the close of Fiscal Year 2010. The use of any nonlapsing funds is limited to the following: Hiring of Temporary Contractors or Part-time Employees on an as-needed basis - $78,300.

Performance

The commission is required to file an annual report to the Legislature. The following data comes from its FY 2010 report.

Measure: Complaints received per year.

Goal: Promote public confidence in the judicial system and create greater awareness of proper judicial conduct for judges and the citizens they serve.

Methodology: Count of investigations received and their disposition.

Measure Type: Output.

Funding Detail

Current expense in this budget is used to hire outside investigators and temporary employees based on case load.

Sources of Finance	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
General Fund	$244,500	$254,700	$237,200	$218,400	$207,200
General Fund, One-time	($600)	$0	$0	($1,600)	$0
Beginning Nonlapsing	$54,000	$59,200	$97,500	$105,500	$72,400
Closing Nonlapsing	($59,200)	($97,500)	($105,500)	($78,300)	($39,300)
Lapsing Balance	$0	$0	$0	($22,100)	$0
Total	$238,700	$216,400	$229,200	$221,900	$240,300

Programs:	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
Judicial Conduct Commission	$238,700	$216,400	$229,200	$221,900	$240,300
Total	$238,700	$216,400	$229,200	$221,900	$240,300

Categories of Expenditure	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
Personnel Services	$184,600	$183,100	$185,200	$186,800	$196,200
In-state Travel	$3,100	$2,700	$3,500	$2,600	$3,500
Out-of-state Travel	$6,600	$4,400	$13,500	$2,000	$13,500
Current Expense	$33,400	$21,900	$21,100	$23,100	$21,200
DP Current Expense	$11,000	$4,300	$5,900	$7,400	$5,900
Total	$238,700	$216,400	$229,200	$221,900	$240,300

Other Indicators	2007 Actual	2008 Actual	2009 Actual	2010 Actual	2011 Approp
Budgeted FTE	1.9	2.0	2.0	1.5	2.0

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