First Substitute S.B. 129

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PRIVILEGED INFORMATION IN CIVIL ACTIONS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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; AND
9 CLARIFYING THAT PRIVATE REPRIMANDS MAY NOT BE ISSUED AFTER
10 INITIATION OF A FORMAL HEARING.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 78-7-30, as last amended by Chapter 120, Laws of Utah 1996
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 78-7-30 is amended to read:
16 78-7-30. Authority of Judicial Conduct Commission -- Procedure for removal,
17 suspension, censure, reprimand, or involuntary retirement.
18 (1) The Judicial Conduct Commission is authorized to receive any complaint directly from
19 the complainant.
20 (2) (a) After an investigation, the Judicial Conduct Commission may order a formal
21 hearing to be held concerning the removal, suspension, censure, public [or private] reprimand, or
22 involuntary retirement of a justice, judge, or justice court judge.
23 (b) The commission shall provide the justice or judge with all information necessary to
24 prepare an adequate response or defense, which may include the identity of the complainant.
25 (c) A formal hearing may be conducted before a quorum of the commission. Any finding
26 or order shall be made upon a majority vote of the quorum.
27 (3) (a) Alternatively, the commission may appoint three special masters, who are justices

1 or judges of courts of record, to hear and take evidence in the matter and to report to the
2 commission.
3 (b) After the formal hearing or after considering the record and report of the masters, if
4 the commission finds good cause, it shall order the removal, suspension, censure, reprimand, or
5 involuntary retirement of the justice, judge, or justice court judge.
6 (4) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
7 46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the commission shall make
8 rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, governing
9 the issuance of private reprimands, including rules for disclosing the information to the Judicial
10 Council. A private reprimand may be issued only if a formal hearing is not conducted regarding
11 this matter.
12 (5) (a) Prior to the implementation of any commission order under Subsection (1) or (2),
13 the Supreme Court shall review the record of the proceedings on the law and facts and may permit
14 the introduction of additional evidence. The Supreme Court shall enter its order implementing,
15 modifying, or rejecting the commission's order.
16 (b) (i) Upon an order for retirement, the justice, judge, or justice court judge shall retire
17 with the same rights and privileges as if the justice, judge, or justice court judge retired pursuant
18 to statute.
19 (ii) Upon an order for removal, the justice, judge, or justice court judge shall be removed
20 from office and his salary or compensation ceases from the date of the order.
21 (iii) Upon an order for suspension from office, the justice, judge, or justice court judge
22 may not perform any judicial functions and may not receive a salary for the period of suspension.
23 [(6) The following documents are privileged in any civil action:]
24 [(a) the] (6) The transmission, production, or disclosure of any complaints, papers, or
25 testimony in the course of proceedings before[: (i)] the Judicial Conduct Commission[; (ii)], the
26 masters appointed under Subsection (2)[;], or [(iii)] the Supreme Court[; (b) any] are privileged
27 in any civil action. S [ No complaints] COMPLAINTS s , papers, or testimony may not be disclosed by the commission,
28 masters, or any court until the Supreme Court has entered its final order in accordance with this
29 section, except:
30 [(i)] (a) upon order of the Supreme Court; S [or] s
31 [(ii)] (b) upon the request of the judge or justice who is the subject of the complaint S [ [ ] ; or
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Amend on 2_goldenrod February 3, 1997 31a [ ] . ] s

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1 S (c) [ [ ] (iii) the dismissal of a complaint or allegation against a judge or justice shall be
1a disclosed
2 without consent of the judge or justice to the person who filed the complaint or allegation.[ ] ] s
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Amend on 2_goldenrod February 3, 1997 3 (7) Rules and procedures in effect prior to July 1, 1996, are exempt from Title 63, Chapter
4 46a, Utah Administrative Rulemaking Act, on or after July 1, 1996, the Judicial Conduct
5 Commission shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative
6 Rulemaking Act, outlining its procedures and the appointment of masters. A justice, judge, or
7 justice court judge who is a member of the commission or the Supreme Court may not participate
8 in any proceedings involving the justice's, judge's, or justice court judge's own removal or
9 retirement.
10 (8) Retirement for disability or involuntary retirement as provided by Sections 78-7-28
11 through 78-7-30 shall be processed through the Utah State Retirement Office, and the judge
12 retiring shall meet the requirements for retirement as specified in Sections 78-7-28 through
13 78-7-30.

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