1     
SENATE RULES RESOLUTION - SENATE JUDICIAL

2     
CONFIRMATION COMMITTEE

3     
2024 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Todd D. Weiler

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7     LONG TITLE
8     General Description:
9          This resolution modifies Senate rules related to the Senate Judicial Confirmation
10     Committee.
11     Highlighted Provisions:
12          This resolution:
13          ▸     removes the requirement that the Office of Legislative Research and General
14     Counsel provide a judicial appointee's resume to the news media; and
15          ▸     makes technical changes to align legislative rule with the Utah Code.
16     Special Clauses:
17          None
18     Legislative Rules Affected:
19     AMENDS:
20          SR3-3-202
21     

22     Be it resolved by the Senate of the state of Utah:
23          Section 1. SR3-3-202 is amended to read:
24          SR3-3-202. Senate Judicial Confirmation Committee -- Confirmation process.
25          (1) (a) The Senate Judicial Confirmation Committee shall comply with the procedures
26     established in this rule.
27          (b) Each committee member shall ensure that records received by them that are
28     classified "private," "protected," or "controlled" under Utah Code Title 63G, Chapter 2,
29     Government Records Access and Management Act, are released only if the requirements of
30     that act are met.
31          (2) After [the] a Judicial Nominating Commission announces the nominees and
32     forwards those names to the Office of Legislative Research and General Counsel as required by
33     Utah Code Section [78A-10-103] 78A-10a-203, that office shall provide the resume of each
34     nominee to each member of the Senate.
35          [(3) When the governor provides the president of the Senate with the nominees'
36     resumes, application materials, and other related documents, the president shall provide that
37     information to the members of the Senate Judicial Confirmation Committee.]
38          [(4)] (3) After the governor announces the appointee and provides the information
39     required by Utah Code Section 67-1-2:
40          (a) the chair of the Senate Judicial Confirmation Committee shall direct the preparation
41     of a news release which shall include:
42          (i) a brief description of the judicial position to be filled;
43          (ii) the name of the appointee;
44          (iii) a brief description of the functions of the Senate Judicial Confirmation
45     Committee;
46          (iv) a request that members of the Senate wanting to make comments contact the chair
47     or the Office of Legislative Research and General Counsel by the deadline specified in the
48     news release, which may not be less than 10 business days after publication of the news
49     release;
50          (v) a request that members of the public wanting to make comments contact the Office
51     of Legislative Research and General Counsel by the deadline specified in the news release,
52     which may not be less than 10 business days after publication of the news release; and
53          (vi) a notice that any person wanting to comment submit a written statement detailing
54     the substance of their testimony, including the person's name, telephone number, and mailing
55     address, to the Office of Legislative Research and General Counsel; and
56          (b) the Office of Legislative Research and General Counsel shall provide:
57          (i) [provide the resume of the appointee] the appointee's resume and the news release
58     described in this [Subsection (4) to:] Subsection (3) to each senator;
59          [(A) each member of the Senate; and]
60          [(B)] (ii) the news release described in this Subsection (3) to the news media, including
61     television, radio, and the major circulation newspapers in Salt Lake City and the geographical
62     area served by the judicial office to be filled by the appointee; and
63          [(ii)] (iii) [provide the appointee's resume, application materials, and other related
64     documents] the materials described in Utah Code Subsection 67-1-2(4)(b) to each member of
65     the Senate Judicial Confirmation Committee.
66          [(5)] (4) (a) The chair of the Senate Judicial Confirmation Committee may direct its
67     staff to investigate:
68          (i) the background, qualifications, and fitness for judicial office of the appointee
69     generally; and
70          (ii) specific issues raised or revealed by any member of the committee, any senator, or
71     any member of the public, or that may arise at any time during the Senate confirmation process.
72          (b) In conducting the investigation, committee staff may contact any person or
73     organization that might have information about the nominee's fitness for judicial office.
74          (c) The chair may direct staff to ask the governor, the chair of the Judicial Nominating
75     Commission, or both, whether or not certain facts revealed by the investigation were known to
76     the governor or the nominating commission at the time the candidate was considered by either
77     of them.
78          [(6)] (5) (a) The chair of the Senate Judicial Confirmation Committee shall provide
79     public notice of each committee meeting.
80          (b) The public notice shall include an explanation that:
81          (i) any person wanting to testify regarding the appointee shall submit a written request
82     to testify to the Office of Legislative Research and General Counsel at least 24 hours before the
83     meeting is scheduled to begin; and
84          (ii) portions of the meeting may be closed under Utah Code Title 52, Chapter 4, Open
85     and Public Meetings Act.
86          [(7)] (6) Before convening a meeting of the Senate Judicial Confirmation Committee,
87     the chair shall:
88          (a) review all written statements from persons desiring to address the committee
89     regarding the governor's appointee;
90          (b) review all records to be distributed to the committee and classify each record as
91     "public" or "private" by applying the standard contained in Subsection 63G-2-302(1)(f)(i);
92          (c) determine which persons making a timely request to testify under Subsection
93     [(6)(a)] (5) may address the committee; and
94          (d) if necessary, establish reasonable time limits for public comment.
95          Section 2. Effective date.
96          This resolution takes effect upon a successful vote for final passage.