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S.B. 129

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PRIVILEGED INFORMATION IN CIVIL ACTIONS

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Pete Suazo

5    AN ACT RELATING TO THE JUDICIAL CODE; CLARIFYING THAT CERTAIN
6    INFORMATION CONCERNING JUDGES BROUGHT TO THE JUDICIAL CONDUCT
7    COMMISSION OR THE SUPREME COURT IS PRIVILEGED INFORMATION AND MAY
8    NOT BE DISCLOSED UNTIL AFTER A FINAL ORDER IS ENTERED.
9    This act affects sections of Utah Code Annotated 1953 as follows:
10    AMENDS:
11         78-7-30, as last amended by Chapter 120, Laws of Utah 1996
12    Be it enacted by the Legislature of the state of Utah:
13        Section 1. Section 78-7-30 is amended to read:
14         78-7-30. Authority of Judicial Conduct Commission -- Procedure for removal,
15     suspension, censure, reprimand, or involuntary retirement.
16        (1) The Judicial Conduct Commission is authorized to receive any complaint directly from
17    the complainant.
18        (2) (a) After an investigation, the Judicial Conduct Commission may order a formal
19    hearing to be held concerning the removal, suspension, censure, public or private reprimand, or
20    involuntary retirement of a justice, judge, or justice court judge.
21        (b) The commission shall provide the justice or judge with all information necessary to
22    prepare an adequate response or defense, which may include the identity of the complainant.
23        (c) A formal hearing may be conducted before a quorum of the commission. Any finding
24    or order shall be made upon a majority vote of the quorum.
25        (3) (a) Alternatively, the commission may appoint three special masters, who are justices
26    or judges of courts of record, to hear and take evidence in the matter and to report to the
27    commission.

1        (b) After the formal hearing or after considering the record and report of the masters, if
2    the commission finds good cause, it shall order the removal, suspension, censure, reprimand, or
3    involuntary retirement of the justice, judge, or justice court judge.
4        (4) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
5    46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the commission shall make
6    rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, governing
7    the issuance of private reprimands, including rules for disclosing the information to the Judicial
8    Council. A private reprimand may be issued only if a formal hearing is not conducted regarding
9    this matter.
10        (5) (a) Prior to the implementation of any commission order under Subsection (1) or (2),
11    the Supreme Court shall review the record of the proceedings on the law and facts and may permit
12    the introduction of additional evidence. The Supreme Court shall enter its order implementing,
13    modifying, or rejecting the commission's order.
14        (b) (i) Upon an order for retirement, the justice, judge, or justice court judge shall retire
15    with the same rights and privileges as if the justice, judge, or justice court judge retired pursuant
16    to statute.
17        (ii) Upon an order for removal, the justice, judge, or justice court judge shall be removed
18    from office and his salary or compensation ceases from the date of the order.
19        (iii) Upon an order for suspension from office, the justice, judge, or justice court judge
20    may not perform any judicial functions and may not receive a salary for the period of suspension.
21        [(6) The following documents are privileged in any civil action:]
22        [(a) the] (6) The transmission, production, or disclosure of any complaints, papers, or
23    testimony in the course of proceedings before[: (i)] the Judicial Conduct Commission[; (ii)], the
24    masters appointed under Subsection (2)[;], or [(iii)] the Supreme Court[; (b) any] are privileged
25    in any civil action. No complaints, papers, or testimony may not be disclosed by the commission,
26    masters, or any court until the Supreme Court has entered its final order in accordance with this
27    section, except:
28        [(i)] (a) upon order of the Supreme Court; or
29        [(ii)] (b) upon the request of the judge or justice who is the subject of the complaint[; or].
30        [(iii) the dismissal of a complaint or allegation against a judge or justice shall be disclosed
31    without consent of the judge or justice to the person who filed the complaint or allegation.]

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1        (7) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
2    46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the Judicial Conduct
3    Commission shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative
4    Rulemaking Act, outlining its procedures and the appointment of masters. A justice, judge, or
5    justice court judge who is a member of the commission or the Supreme Court may not participate
6    in any proceedings involving the justice's, judge's, or justice court judge's own removal or
7    retirement.
8        (8) Retirement for disability or involuntary retirement as provided by Sections 78-7-28
9    through 78-7-30 shall be processed through the Utah State Retirement Office, and the judge
10    retiring shall meet the requirements for retirement as specified in Sections 78-7-28 through
11    78-7-30.




Legislative Review Note
    as of 1-15-97 4:04 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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