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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room 223 - State Capitol Building

February 23, 2004


MEMBERS PRESENT:    Rep. Ben C. Ferry, Chair
        Rep. J. Stuart Adams, Vice Chair    
        Rep. Chad E. Bennion
        Rep. Scott Daniels
        Rep. Neal B. Hendrickson
        Rep. Eric K. Hutchings
        Rep. M. Susan Lawrence
        Rep. Dana C. Love
        Rep. Rosalind J. McGee
        Rep. J. Morgan Philpot
        
MEMBERS ABSENT:    Rep. Katherine M. Bryson
        Rep. Greg J. Curtis
        Rep. Mike Thompson        

STAFF:    Jerry D. Howe, Policy Analyst
        Cherri White, Committee Secretary            

NOTE:    A list of visitors and handouts are filed with the committee minutes.

    Representative Adams called the meeting to order at 8:07 A.M.

S.B. 161    Judicial Conduct Commission (Sen. M. Waddoups)

    The sponsor introduced the bill and explained its intent.

MOTION:    Representative Hendrickson moved to amend:

1.    Page 3, Lines 64 through 69s
    Senate 3rd Reading Amendments
    2-18-2004 :    

             64          (2) During the course of any investigation, the commission:
             65          (a) shall refer any information relating to the criminal conduct alleged and any
             66      evidence which relates to the allegation to which the judge has been accused, unless plainly
             67      frivolous, to the local prosecuting attorney as provided in Subsection (1)(b);
  S [and] s      

             68          (b) may order a hearing to be held concerning the reprimand, censure, suspension,
             69      removal, or involuntary retirement of a judge[;] [S [.] ;

             69a          
[[   (c) SHALL, IF IT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT JUDICIAL

             69b      MISCONDUCT OCCURRED:
             69c          (I) REVIEW THE RECORD OF ALL COMPLAINTS PREVIOUSLY DISMISSED AGAINST THE JUDGE;
             69d          (II) REVIEW THE RECORD OF ALL PREVIOUS ORDERS OF REPRIMAND, CENSURE, OR
             69e      SUSPENSION ISSUED BY THE COMMISSION AGAINST THE JUDGE; AND
             69f          (III) REVIEW ALL INFORMATION IN THE COMMISSION'S FILES ON ANY INFORMAL
             69g      RESOLUTION, INCLUDING ANY LETTER OF ADMONITION, OR CAUTION, THAT THE COMMISSION
             69h      ISSUED TO THE JUDGE PRIOR TO MAY 1, 2000; AND
             69i          (d) MAY DISMISS RELATIVELY MINOR MISCONDUCT WITH A WARNING, OR ON CONDITIONS
             69j      OF NO FURTHER MISBEHAVIOR, EVEN IF IT FINDS BY A PREPONDERANCE OF THE EVIDENCE
             69k      THAT MISCONDUCT OCCURRED, UNLESS ONE OR MORE OF THE FOLLOWING CONDITIONS HAVE
             69l      BEEN MET:
             69m      (i) THE RESPONDENT JUDGE HAS PREVIOUSLY RECEIVED A PUBLIC REPRIMAND, CENSURE, OR
             69n      SUSPENSION;
             69o      (ii) THE RESPONDENT JUDGE HAS PREVIOUSLY RECEIVED ANY INFORMAL REPRIMAND FROM THE
             69p      COMMISSION PRIOR TO MAY 1, 2004; OR
             69q      (iii) THE MISCONDUCT UNDER CONSIDERATION HAS BEEN WIDELY REPORTED OR IS WIDELY
             69r      KNOWN AMONG COURT EMPLOYEES, PARTICIPANTS IN THE JUDICIAL SYSTEM, OR THE GENERAL
             69s      PUBLIC s   ]] .

The motion passed unanimously with Representatives Bryson, Curtis, and Thompson absent for the vote.

    Speaking to the bill:


        Colin Winchester, Executive Director, Judicial Conduct Commission
        Rick Schwermer, Administrative Office of the Courts

MOTION:    Representative Ferry moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bryson, Curtis, Philpot, and Thompson absent for the vote.

S.B. 219    Amendments to Justice Court Operations (Sen. E. Mayne)

    The sponsor introduced the bill and explained its intent.

    Richard Catten, Deputy City Attorney, West Valley City spoke in favor of the bill.

    Rick Shwermer, Judicial Council, expressed concerns with the bill.

MOTION:    Representative Hutchings moved to amend:

1.    Page 2, Lines 32 through 41
    Senate 3rd Reading Amendments
    2-18-2004 :    

                 
             33      courts shall be open and judicial business shall be transacted [every day except as provided by
             34      law including the provisions of Section 78-3-24 regarding court administration.]:
             35          (a) five days per week; or
             36          (b) no less than four days per week for at least 11 hours per day.
             37           S (4) THE LEGISLATIVE BODY OF THE COUNTY, CITY, OR TOWN SHALL ESTABLISH
             37a      OPERATING HOURS FOR THE JUSTICE COURTS WITHIN THE REQUIREMENTS OF SUBSECTION (3)
  AND THE CODE OF JUDICIAL ADMINISTRATION       .

             37b      [(4)] (5) s The hours the courts are open shall be posted conspicuously at the courts and in
             38      local public buildings. [The judges of county and municipal courts shall attend the court at
             39      regularly scheduled times.]
             40           S [(5)] (6) s The clerk of the court and judges of county and municipal courts shall attend the
             41      court at regularly scheduled times
[[   S AS ESTABLISHED BY THE LEGISLATIVE BODY s   ]] .

The motion passed unanimously with Representatives Bennion, Bryson, Curtis, and Thompson absent for the vote.

MOTION:    Representative Love moved to amend:

1.     Page 1, Line 32:

    32    (3)
  [County]            [[   Notwithstanding Subsection 78-3-24 (10), county   ]] and municipal justice


The motion passed unanimously with Representatives Bennion, Bryson, Curtis, and Thompson absent for the vote.

MOTION:    Representative Hutchings moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bryson, Curtis, and Thompson absent for the vote.

2nd Sub. S.B. 45    Uniform Parentage Act (Sen. L. Hillyard)

    The sponsor introduced the bill and explained its intent.

1.    Page 15, Line 436 :    

             436      (15) "Man"
  , AS DEFINED IN THIS CHAPTER,       means a male individual of any age.


The motion passed 8-2-3 with Representatives Hutchings and Love voting against the motion, and Representatives Bryson, Curtis, and Thompson absent for the vote.

MOTION:    Representative Bennion moved to pass the bill out favorably as amended. The motion passed unanimously with Representatives Bryson, Curtis, and Thompson absent for the vote.

MOTION:    Representative Bennion moved to adjourn. The motion passed unanimously with Representatives Bryson, Curtis, and Thompson absent for the vote. The meeting adjourned at 9:30 A.M..





                ___________________________________
Rep. Ben C. Ferry, Chair