First Substitute S.B. 191

Senator Gene Davis proposes the following substitute bill:

1 JUDICIAL CONDUCT COMMISSION
2 AMENDMENTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Gene Davis
6 House Sponsor: Neal B. Hendrickson
7
8 LONG TITLE
9 General Description:
10 This bill allows the Judicial Conduct Commission to decline to investigate certain
11 complaints.
12 Highlighted Provisions:
13 This bill:
14 . allows the Judicial Conduct Commission to decline to investigate any complaint
15 that is received more than four years after the act or omission that constitutes the
16 misconduct unless the complaint alleges criminal misconduct.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 78A-11-109, as enacted by Laws of Utah 2008, Chapter 3
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 78A-11-109 is amended to read:
27 78A-11-109. Receipt of complaints.
28 (1) The commission shall receive and investigate any complaint against a judge.
29 (2) Unless the complaint alleges criminal misconduct, the commission may decline to
30 investigate any complaint received four or more years after the act or omission which
31 constitutes the alleged misconduct.
32 [(2)] (3) During the course of any investigation, the commission may order a hearing to
33 be held concerning the reprimand, censure, suspension, removal, or involuntary retirement of a
34 judge.
35 [(3)] (4) The commission shall provide the judge with all information necessary to
36 prepare an adequate response or defense, which may include the identity of the complainant.