S.B. 142

1

INFORMATION AVAILABLE TO SENATE
2 JUDICIAL CONFIRMATION COMMITTEE
3 2006 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: D. Chris Buttars
6 House Sponsor: Stephen H. Urquhart
7
8 LONG TITLE
9 General Description:
10 This bill requires the governor to provide certain information about judicial appointees
11 to the Senate Judicial Confirmation Committee.
12 Highlighted Provisions:
13 This bill:
14 . requires application materials and letters about judicial nominees to be made
15 available to the Senate Judicial Confirmation Committee for each time a judicial
16 candidate was nominated by a Judicial Nominating Commission.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 67-1-2, as last amended by Chapter 291, Laws of Utah 2004
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 67-1-2 is amended to read:
27 67-1-2. Sending list of gubernatorial nominees to Senate and to Office of

28 Legislative Research and General Counsel.
29 (1) Unless waived by a majority of the president of the Senate, the Senate majority
30 leader, and the Senate minority leader, 15 days before any Senate session to confirm any
31 gubernatorial nominee, except a judicial appointment, the governor shall send to each member
32 of the Senate and to the Office of Legislative Research and General Counsel:
33 (a) a list of each nominee for an office or position made by the governor in accordance
34 with the Utah Constitution and state law; and
35 (b) any information that may support or provide biographical information about the
36 nominee, including resumes and curriculum vitae.
37 (2) When the governor makes a judicial appointment, the governor shall immediately
38 provide to the president of the Senate and the Office of Legislative Research and General
39 Counsel:
40 (a) the name of the judicial appointee; and
41 (b) the judicial appointee's:
42 (i) resume;
43 (ii) complete file of all the application materials the governor received from the
44 Judicial Nominating Commission; [and]
45 (iii) any other related documents[, including];
46 (iv) any letters received by the governor about the appointee, unless the letter
47 specifically directs that it may not be shared[.]; and
48 (v) if the candidate appointed by the governor was previously nominated by a Judicial
49 Nominating Commission, for each time the candidate was nominated:
50 (A) a complete file of all application materials the governor received from the Judicial
51 Nominating Commission; and
52 (B) any letters received by the governor about the appointee, unless the letter
53 specifically directs that it may not be shared.
54 (3) The governor shall inform the president of the Senate and the Office of Legislative
55 Research and General Counsel of the number of letters withheld pursuant to Subsection
56 (2)(b)(iii).
57 (4) (a) Letters of inquiry submitted by any judge at the request of any judicial
58 nominating commission shall be classified as private in accordance with Section 63-2-302 .

59 (b) All other records received from the governor pursuant to this Subsection (4) may be
60 classified as private in accordance with Section 63-2-302 .
61 (5) The Senate shall consent or refuse to give its consent to the nomination or judicial
62 appointment.




Legislative Review Note
as of 1-13-06 6:42 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel