Second Substitute S.J.R. 6

Representative John Dougall proposes the following substitute bill:

1 LEGISLATOR COMMUNICATIONS WITH
2 JUDICIARY JOINT RULES RESOLUTION
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: John L. Valentine
6 House Sponsor: John Dougall
7
8 LONG TITLE
9 General Description:
10 This bill creates a chapter in the legislative rules relating to communications with the
11 judiciary.
12 Highlighted Provisions:
13 This resolution:
14 . provides guidelines and restrictions for legislators when communicating with
15 judges;
16 . prohibits legislators from communicating with a judge in reference to a particular
17 judicial case or proceeding until a final order has been made;
18 . provides guidelines for communicating with the Administrative Office of the Courts
19 or the clerk of the court in other circumstances; and
20 . provides an exception for communications made in the ordinary course of a
21 legislator's private employment, except where a legislator attempts to use his or her
22 status as legislator to exert undue influence.
23 Special Clauses:
24 None
25 Legislative Rules Affected:

26 ENACTS:
27 JR6-6-101
28 JR6-6-102
29
30 Be it resolved by the Legislature of the state of Utah:
31 Section 1. JR6-6-101 is enacted to read:
32 CHAPTER 6. COMMUNICATIONS WITH OTHER BRANCHES OF GOVERNMENT
33 JR6-6-101. Communications with the Judiciary.
34 (1) As used in this section, "final decision or order" means a decision or order that
35 determines the rights of the parties and concerning which appellate remedies have been
36 exhausted or the time for appeal has expired.
37 (2) (a) A legislator may not communicate, either verbally or in writing, with a judge in
38 reference to a particular judicial case or proceeding until a final decision or order has been
39 made on the matter.
40 (b) Inquiries to the judiciary that are merely technical or logistical in nature should be
41 made with the Administrative Office of the Courts or a clerk of the court.
42 Section 2. JR6-6-102 is enacted to read:
43 JR6-6-102. Exceptions -- Acting in Normal Course of Private Employment.
44 The restrictions in this chapter shall not apply to a communication that a legislator
45 makes with the judiciary in the normal course of the legislator's private employment, provided
46 that the legislator does not use his or her status as a legislator in an attempt to unduly influence
47 the judiciary.