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MINUTES OF THE

HOUSE JUDICIARY STANDING COMMITTEE MEETING

Room W020 - House Building, State Capitol Complex

February 28, 2011

MEMBERS PRESENT:
    Rep. Kay McIff, Chair
                Rep. Francis Gibson, Vice Chair
                Rep. Jackie Biskupski
                Rep. Derek Brown
                Rep. LaVar Christensen
                Rep. Fred Cox
                Rep. Chris Herrod
                Rep. Ken Ivory
                Rep. Brian King
                Rep. Paul Ray
                Rep. Mark A. Wheatley
                Rep. Brad Wilson

MEMBERS ABSENT:    Rep. Eric Hutchings
        
STAFF PRESENT:        Jerry D. Howe, Policy Analyst
                Linda Black, Committee Secretary
    

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

Rep. McIff called the meeting to order at 8:05 a.m.

MOTION:    Rep. Ivory moved to approve the minutes of February 24, 2011. The motion passed unanimously, with Rep. Biskupski, Rep. Brown and Rep. King absent for the vote.

1st Sub. S.B. 133    Grand Jury Amendments (Sen. J. Valentine)

Rep. Gibson moved to replace S.B. 133 with 1st Substitute S.B. 133. The motion passed, with Rep. Cox voting in opposition. Rep. Brown was absent for the vote.

Sen. Valentine presented the bill to the committee.

Spoke in favor
of the bill:        Ron Gordon, Executive Director, Commission on Criminal and Juvenile Justice
            Paul Boyden, Statewide Association of Prosecutors
            Jeff Buhman, Utah County Attorney

Spoke in opposition
to the bill:        Sean Hullinger, Utah Association of Criminal Defense Lawyers
            Jerry Salcido, Utah Association of Criminal Defense Lawyers
            Ms. Darcy VanOrden, citizen, Utah Rising




MOTION:    Rep. Brown moved to pass 1st Substitute S.B. 133 with a favorable recommendation.

SUBSTITUTE
MOTION:    Rep. Cox moved to amend the bill as follows:


1.    Page 3, Lines 62 through 66 :    

             62          (3) When the attorney general, a county attorney, a district attorney, municipal
             63      attorney, or a special prosecutor appointed under Section 77-10a-12 certifies in writing to the
             64      supervising judge that in his judgment a grand jury is necessary because of criminal activity in
             65      the state, the panel shall order a grand jury to be summoned
  [if]            {   unless   } the panel finds good

             66      cause
  [exists]            {   does not exist   } .


The chair ruled the substitute motion out of order.

The motion to pass 1st Substitute S.B. 133 with a favorable recommendation passed with Rep. Cox, Rep. Ray and Rep. Wilson voting in opposition.

1st Sub. S.B. 212    Judicial Evaluation Amendments (Sen. D. C. Buttars)

Sen. Buttars presented the bill to the committee, and provided a handout.

Spoke to the bill:    Joanne C. Slotnick, Executive Director, Judicial Performance Evaluation Commission.

MOTION:    Rep. King moved to pass the bill with a favorable recommendation. The motion passed unanimously, with Rep. Herrod and Rep. Ivory absent for the vote.

MOTION:    Rep. Cox moved to place 1st Substitute S.B. 212 on the Consent Calendar. The motion passed unanimously, with Rep. Ivory absent for the vote.

H.B. 140    Divorce Waiting Period Amendments (Rep. V. Peterson)

Rep. V. Peterson presented the bill to the committee.

Spoke in favor
of the bill:        Bill Duncan, Sutherland Institute




Spoke in opposition
of the bill:        Stewart Ralphs, Legal Aid Society
            Michael Jensen, attorney

MOTION:    Rep. Christensen moved to pass the bill with a favorable recommendation.

SUBSTITUTE
MOTION:    Rep. King moved to move to the next item on the agenda. The motion failed with Rep. Biskupski, Rep. King and Rep. Wheatley voting in opposition.

SUBSTITUTE
MOTION:    Rep. Biskupski moved to amend the bill as follows:


1.    Page 2, Lines 44 through 48 :    

             44          (1) Unless the court[, for good cause shown and set forth in the findings,] finds that
  the divorcing parties have no children, or      

             45      extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce [shall]
             46      may be held by the court until 90 days [shall have] has elapsed from the filing of the complaint,
             47      provided the court may make [such] any interim orders as [may be] it considers just and
             48      equitable.

The motion to amend passed with Rep. Brown, Rep. Christensen, Rep. Cox, Rep. Herrod and Rep. Wilson voting in opposition. Rep. Ivory was absent for the vote.

The original motion to pass the bill with a favorable recommendation passed, with Rep. Biskupski, Rep. King, Rep. Ray and Rep. Wheatley voting in opposition. Rep. Ivory was absent for the vote.

Rep. McIff adjourned the meeting at 9:33 a.m.



    




    ___________________________________
                    Rep. Kay McIff, Chair