H.B. 119 Enrolled

JUDICIAL CONDUCT COMMISSION
REVISIONS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Katherine M. Bryson
This act modifies provisions pertaining to the Judicial Conduct Commission. The act
clarifies that a judge formally charged with a crime may be suspended without pay by the
Supreme Court. The act also requires that the judge be acquitted and reinstated to
judicial office to receive pay and benefits lost during the suspension. This act also
provides circumstances under which the Supreme Court may suspend or remove a judge
on its own motion.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-8-103, as renumbered and amended by Chapter 148, Laws of Utah 2000
78-8-104, as last amended by Chapter 331, Laws of Utah 2002
78-8-107, as last amended by Chapter 331, Laws of Utah 2002
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 78-8-103 is amended to read:
78-8-103. Grounds for reprimand, censure, suspension, removal, or involuntary
retirement of justice, judge, or justice court judge -- Suspension.
(1) The commission may issue an order, subject to the Supreme Court's review and
issuance of a final order implementing, rejecting, or modifying the commission's order, that any
judge be reprimanded, censured, suspended, removed from office, or involuntarily retired, for:
(a) action which constitutes willful misconduct in office;
(b) final conviction of a crime punishable as a felony under state or federal law;
(c) willful and persistent failure to perform judicial duties;
(d) disability that seriously interferes with the performance of judicial duties; or
(e) conduct prejudicial to the administration of justice which brings a judicial office
into disrepute.

(2) In addition to the reasons specified in Subsection (1), the Supreme Court shall order
the reprimand, censure, suspension, removal, or involuntary retirement of any justice court judge
who fails to obtain and maintain certification from the Judicial Council for attendance at required
judicial training courses or who fails to meet the minimum requirements for office, including
residency.
(3) (a) The Supreme Court may, on its own motion, suspend or remove a judge from
office [without salary or compensation if the judge is convicted of a crime punishable as a felony
under state or federal law.] if the judge:
[(b) If the judge is not convicted of the criminal charge, the suspension is terminated and
the judge shall be paid the salary or compensation for the period of suspension.]
(i) develops a physical or mental disability that seriously interferes with the performance
of his judicial duties as provided in the Utah Constitution, Article VIII, Section 13, Paragraph 4;
(ii) becomes unqualified to hold the judicial office as provided in the Utah Constitution,
Article VIII, Sections 7 and 10, and Section 78-7-2 ; or
(iii) brings the judicial office into disrepute by engaging in conduct prejudicial to the
administration of justice as provided in the Utah Constitution, Article VIII, Section 13, Paragraph
5.
(b) The Supreme Court shall provide notice to the judge and an opportunity to be heard.
Section 2. Section 78-8-104 is amended to read:
78-8-104. Criminal investigation of a judge -- Administrative leave.
(1) (a) If the commission, during the course of its investigation into an allegation of
judicial misconduct, receives information upon which a reasonable person might conclude that a
misdemeanor or felony under state or federal law has been committed by an appellate court
judge, a district court judge, an active senior judge, a juvenile court judge, a justice court judge,
an active senior justice court judge, or a judge pro tempore, the commission shall immediately
refer the allegation and any information relevant to the potential criminal violation to the chief
justice of the Supreme Court.
(b) The chief justice of the Supreme Court may place the appellate court judge, district

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court judge, active senior judge, juvenile court judge, justice court judge, active senior justice
court judge, or judge pro tempore on administrative leave with or without pay if the chief justice
has a reasonable basis to believe that the alleged crime occurred, that the appellate court judge,
district court judge, active senior judge, juvenile court judge, justice court judge, active senior
justice court judge, or judge pro tempore committed the crime, and that crime was either a felony
or a misdemeanor which conduct may be prejudicial to the administration of justice or which
brings a judicial office into disrepute.
(2) (a) If the commission, during the course of its investigation into an allegation of
judicial misconduct, receives information upon which a reasonable person might conclude that a
misdemeanor or felony under state or federal law has been committed by the chief justice of the
Supreme Court, the commission shall immediately refer the allegation and any information
relevant to the potential criminal violation to two justices of the Supreme Court.
(b) Two justices of the Supreme Court may place the chief justice of the Supreme Court
on administrative leave with or without pay if the two justices have a reasonable basis to believe
that the alleged crime occurred, that the chief justice committed the crime, and that crime was
either a felony or a misdemeanor which conduct may be prejudicial to the administration of
justice 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 misdemeanor
or any felony under state or federal law and if the Supreme Court has not already acted under
Subsection (1) or (2), the appropriate member or members of the Supreme Court as provided in
Subsection (1) or (2), shall place the judge on administrative leave[,] with or without pay[,]
pending the 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 and
49-18-301 .
(c) If the judge is not convicted of the criminal charge, and if after an investigation and
final disposition of the case by the Judicial Conduct Commission, the judge is reinstated by the
Supreme Court as provided in Subsection (4), then the judge shall be paid the salary or

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compensation for the period of administrative leave, and all contributions withheld under
Subsection (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 who
ordered the judge on administrative leave [with pay,] shall order the reinstatement of the judge:
(a) if the prosecutor to whom the allegations are referred by the commission as required
under Section 78-8-107 , determines no charge or indictment should be filed; or
(b) after final disposition of the criminal case, if the judge is not convicted of a criminal
charge and if the Judicial Conduct Commission has not ordered the removal of the judge.
Section 3. Section 78-8-107 is amended to read:
78-8-107. Authority of Judicial Conduct Commission -- Disclosure of criminal
misconduct or information -- Procedure for reprimand, censure, removal, suspension, or
involuntary retirement -- Certain orders made public.
(1) (a) The commission shall receive and investigate any complaint against a judge.
(b) (i) If the commission receives a complaint that alleges conduct that may be a
misdemeanor or felony under state or federal law, it shall, unless the allegation is plainly
frivolous, immediately refer the allegation of criminal misconduct and any information relevant
to the potential criminal violation to the local prosecuting attorney having jurisdiction to
investigate and prosecute the crime.
(ii) If the local prosecuting attorney receiving the allegation of criminal misconduct of a
judge practices before that judge on a regular basis, or has a conflict of interest in investigating
the crime, the local prosecuting attorney shall refer this allegation of criminal misconduct to
another local or state prosecutor who would not have that same disability or conflict.
(iii) The commission may concurrently proceed with its investigation of the complaint
without waiting for the resolution of the criminal investigation by the prosecuting attorney.
(2) During the course of any investigation, the commission:
(a) shall refer any information relating to the criminal conduct alleged and any evidence
which relates to the allegation to which the judge has been accused, unless plainly frivolous, to
the local prosecuting attorney as provided in Subsection (1)(b);

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(b) may order a hearing to be held concerning the reprimand, censure, suspension,
removal, or involuntary retirement of a judge;
(c) may, with the written consent of the judge being investigated, resolve a complaint by
issuing an informal order of reprimand which shall be disclosed to:
(i) the person who filed the complaint;
(ii) the judge who is the subject of the complaint;
(iii) the Judicial Council for its use in the judicial recertification process;
(iv) the Supreme Court for issuance of its final order as provided in Subsection (7); and
(v) the person who appointed the municipal justice court judge; and
(d) may, with the written consent of the judge receiving the informal order of reprimand
under Subsection (2)(c), publicly disclose the commission's informal order of reprimand.
(3) The commission shall provide the judge with all information necessary to prepare an
adequate response or defense, which may include the identity of the complainant.
(4) (a) A hearing may be conducted before a quorum of the commission.
(b) Any finding or order shall be made upon a majority vote of the quorum.
(5) Alternatively, the commission may appoint three special masters, who are judges of
courts of record, to hear and take evidence in the matter and to report to the commission.
(6) (a) After the hearing or after considering the record and report of the masters, if the
commission finds by a preponderance of the evidence that misconduct occurred, it shall order the
formal reprimand, censure, suspension, removal, or involuntary retirement of the judge.
(b) When a commission order is sent to the Supreme Court, it shall also be:
(i) publicly disclosed; and
(ii) sent to the [person or entity who] entity that appointed the judge.
(c) Subsection (6)(b)(i) does not apply to a commission informal order of reprimand.
(7) When the commission issues any order, including a stipulated order, that is sent to the
Supreme Court, the record shall include:
(a) the original complaint and any other information regarding violations, or potential
violations, of the Code of Judicial Conduct;

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(b) the notice of charges;
(c) all correspondence and other documents which passed between the commission and
the judge;
(d) all letters which may explain the charges;
(e) all affidavits, subpoenas, and testimony of witnesses;
(f) the commission's findings of fact and conclusions of law;
(g) a transcript of any proceedings, including hearings on motions;
(h) a transcript of the evidence;
(i) a summary of all the complaints dismissed by the commission against the judge which
contained allegations or information similar in nature to the misconduct under review by the
Supreme Court;
(j) a summary of all the orders implemented, rejected, or modified by the Supreme Court
against the judge; and
(k) all information in the commission's files on any informal resolution, including any
letter of admonition, comment, or caution, that the commission issued against the judge prior to
May 1, 2000.
(8) (a) Before the implementation, rejection, or modification of any commission order
issued under Subsections (2), (6), and (7) the Supreme Court shall:
(i) review the commission's proceedings as to both law and fact and may permit the
introduction of additional evidence; and
(ii) consider the number and nature of previous orders issued by the Supreme Court and
may increase the severity of the order based on a pattern or practice of misconduct or for any
other reason that the Supreme Court finds just and proper.
(b) In recommending any order, including stipulated orders, the commission may not
place, or attempt to place, any condition or limitation upon the Supreme Court's constitutional
power to:
(i) review the commission's proceedings as to both law and fact; or
(ii) implement, reject, or modify a commission order.

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(c) After briefs have been submitted and any oral argument made, the Supreme Court
shall, within 90 days, issue its order implementing, rejecting, or modifying the commission's
order[; and].
(9) (a) Upon an order for involuntary retirement, the judge shall retire with the same
rights and privileges as if the judge retired pursuant to statute.
(b) Upon an order for removal, the judge shall be removed from office and his salary or
compensation ceases from the date of the order.
(c) Upon an order for suspension from office, the judge may not perform any judicial
functions and may not receive a salary for the period of suspension.
(10) (a) The transmission, production, or disclosure of any complaints, papers, or
testimony in the course of proceedings before the commission, the masters appointed under
Subsection (5), or the Supreme Court may not be introduced in any civil action.
(b) The transmission, production, or disclosure of any complaints, papers, or testimony in
the course of proceedings before the commission or the masters appointed under Subsection (5)
may be introduced in any criminal action, consistent with the Utah Rules of Evidence. This
information shall be shared with the prosecutor conducting a criminal investigation or
prosecution of a judge as provided in Subsections (1) and (2).
(c) Complaints, papers, testimony, or the record of the commission's confidential hearing
may not be disclosed by the commission, masters, or any court until the Supreme Court has
entered its final order in accordance with this section, except:
(i) upon order of the Supreme Court;
(ii) upon the request of the judge who is the subject of the complaint;
(iii) as provided in Subsection (10)(d); or
(iv) to aid in a criminal investigation or prosecution as provided in Subsections (1) and
(2).
(d) Upon the dismissal of a complaint or allegation against a judge, the dismissal shall be
disclosed without consent of the judge to the person who filed the complaint.
(11) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah

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Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
(12) A judge who is a member of the commission or the Supreme Court may not
participate in any proceedings involving the judge's own removal or retirement.
(13) Retirement for involuntary retirement as provided in this chapter shall be processed
through the Utah State Retirement Office, and the judge retiring shall meet the requirements for
retirement as specified in this chapter.

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