H.B. 40 Enrolled

JUDICIAL CONDUCT COMMISSION AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Gary F. Cox
AN ACT RELATING TO THE JUDICIAL CODE; ADDING A JUDGE TO THE
MEMBERSHIP OF THE JUDICIAL CONDUCT COMMISSION; AND MAKING
TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-7-27, as last amended by Chapters 194 and 243, Laws of Utah 1996
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-7-27 is amended to read:
78-7-27. Judicial Conduct Commission -- Creation -- Members -- Terms -- Vacancies
-- Voting -- Expenses.
(1) The membership of the Judicial Conduct Commission established by Article VIII,
Section 13 of the Utah Constitution consists of:
(a) two members of the House of Representatives to be appointed by the speaker of the
House of Representatives for a two-year term, not more than one of whom may be of the same
political party as the speaker;
(b) two members of the Senate to be appointed by the president of the Senate for a
two-year term, not more than one of whom may be of the same political party as the president;
(c) three members from the board of commissioners of the Utah State Bar, who shall be
appointed by the board of commissioners of the Utah State Bar for a four-year term;
(d) two persons not members of the Utah State Bar, who shall be appointed by the
governor, with the advice and consent of the Senate, for four-year terms, not more than one of
whom may be of the same political party as the governor; and
(e) one judge, and one alternate judge, of a trial court of record, to be selected by the
nonjudicial members of the Judicial Conduct Commission for [a] four-year [term] terms. The
judge and the alternate judge shall coordinate attendance for meetings so that, if possible, at least

one is in attendance at each meeting. If both judges are in attendance at a meeting, the alternate
judge shall not be counted for quorum purposes nor vote on any issue before the commission.
(2) The terms of the members shall be staggered so that approximately half of the
commission expires every two years. The judges shall be appointed so that the terms expire in
staggered two year increments.
(3) If [the] a judge serving on the commission is disqualified from participating in any
proceeding, the Judicial Conduct Commission shall select a substitute judge of a trial court of record.
(4) The Judicial Conduct Commission shall establish guidelines and procedures for the
disqualification of any member from consideration of any matter.
(5) (a) When a vacancy occurs in the membership for any reason, the replacement shall be
appointed by the appointing authority for the unexpired term.
(b) If the appointing authority fails to appoint a replacement, the commissioners who have
been appointed may act as a commission under all the provisions of this section.
(6) Six members of the commission shall constitute a quorum. Any action of a majority of
the quorum constitutes the action of the commission.
(7) (a) (i) Members who are not government employees shall receive no compensation or
benefits for their services, but may receive per diem and expenses incurred in the performance of the
member's official duties at the rates established by the Division of Finance under Sections
63A-3-106 and 63A-3-107.
(ii) Members may decline to receive per diem and expenses for their service.
(b) (i) State government officer and employee members who do not receive salary, per diem,
or expenses from their agency for their service may receive per diem and expenses incurred in the
performance of their official duties from the commission at the rates established by the Division of
Finance under Sections 63A-3-106 and 63A-3-107.
(ii) State government officer and employee members may decline to receive per diem and
expenses for their service.
(c) Legislators on the committee shall receive compensation and expenses as provided by
law and legislative rule.

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(d) The chair shall be allowed the actual expenses of secretarial services, the expenses of
services for either a court reporter or a transcriber of electronic tape recordings, and other necessary
administrative expenses incurred in the performance of the duties of the commission.
(8) Upon a majority vote of the quorum, the commission may:
(a) employ a director, legal counsel, investigators, and other staff to assist the commission;
and
(b) incur other reasonable and necessary expenses within the authorized budget of the
commission and consistent with the duties of the commission.

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