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• S.R. 1

S.R. 1 Senate Rules Resolution - Senate Judicial Confirmation Committee

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Bill Sponsor: Sen. Weiler, Todd D.

Floor Sponsor:

• Drafting Attorney: Christine R. Gilbert
• Fiscal Analyst: Steven M. Allred

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  • Introduced
  • Enrolled

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  • Fiscal Note

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• Information
  • Last Action: 12 Mar 2024, Senate/ to Lieutenant Governor
  • Last Location: Lieutenant Governor's office for filing

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Enrolled

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S.R. 1

3 SR3-3-202

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SENATE RULES RESOLUTION - SENATE JUDICIAL CONFIRMATION COMMITTEE 2024 GENERAL SESSION STATE OF UTAH Chief Sponsor: Todd D. Weiler

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LONG TITLE

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General Description:

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This resolution modifies Senate rules related to the Senate Judicial Confirmation

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Committee.

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Highlighted Provisions:

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This resolution:

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▸removes the requirement that the Office of Legislative Research and General Counsel

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provide a judicial appointee's resume to the news media; and

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▸makes technical changes to align legislative rule with the Utah Code.

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Other Special Clauses:

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None

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Legislative Rules Affected:

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AMENDS:

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SR3-3-202,

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Be it resolved by the Senate of the state of Utah:

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Section 1. SR3-3-202 is amended to read:

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SR3-3-202. Senate Judicial Confirmation Committee -- Confirmation process.

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(1) (a)The Senate Judicial Confirmation Committee shall comply with the procedures

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established in this rule.

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(b)Each committee member shall ensure that records received by them that are

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classified "private," "protected," or "controlled" under Utah Code Title 63G, Chapter

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2, Government Records Access and Management Act, are released only if the

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requirements of that act are met.

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(2)After the a Judicial Nominating Commission announces the nominees and forwards

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those names to the Office of Legislative Research and General Counsel as required by

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Utah Code Section 78A-10-103 78A-10a-203 , that office shall provide the resume of

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each nominee to each member of the Senate.

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(3) When the governor provides the president of the Senate with the nominees' resumes,

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application materials, and other related documents, the president shall provide that

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information to the members of the Senate Judicial Confirmation Committee.

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(4) (3) After the governor announces the appointee and provides the information required

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by Utah Code Section 67-1-2:

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(a)the chair of the Senate Judicial Confirmation Committee shall direct the preparation

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of a news release which shall include:

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(i)a brief description of the judicial position to be filled;

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(ii)the name of the appointee;

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(iii)a brief description of the functions of the Senate Judicial Confirmation

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Committee;

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(iv)a request that members of the Senate wanting to make comments contact the

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chair or the Office of Legislative Research and General Counsel by the deadline

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specified in the news release, which may not be less than 10 business days after

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publication of the news release;

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(v)a request that members of the public wanting to make comments contact the

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Office of Legislative Research and General Counsel by the deadline specified in

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the news release, which may not be less than 10 business days after publication of

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the news release; and

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(vi)a notice that any person wanting to comment submit a written statement detailing

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the substance of their testimony, including the person's name, telephone number,

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and mailing address, to the Office of Legislative Research and General Counsel;

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and

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(b)the Office of Legislative Research and General Counsel shall provide:

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(i) provide the resume of the appointee the appointee's resume and the news release

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described in this Subsection (4) to: Subsection (3) to each senator;

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(A) each member of the Senate; and

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(B) (ii) the news release described in this Subsection (3) to the news media,

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including television, radio, and the major circulation newspapers in Salt Lake City

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and the geographical area served by the judicial office to be filled by the

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appointee; and

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(ii) (iii) provide the appointee's resume, application materials, and other related

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documents the materials described in Utah Code Subsection 67-1-2(4)(b) to each

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member of the Senate Judicial Confirmation Committee.

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(5) (4) (a)The chair of the Senate Judicial Confirmation Committee may direct its staff

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to investigate:

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(i)the background, qualifications, and fitness for judicial office of the appointee

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generally; and

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(ii)specific issues raised or revealed by any member of the committee, any senator,

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or any member of the public, or that may arise at any time during the Senate

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confirmation process.

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(b)In conducting the investigation, committee staff may contact any person or

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organization that might have information about the nominee's fitness for judicial

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office.

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(c)The chair may direct staff to ask the governor, the chair of the Judicial Nominating

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Commission, or both, whether or not certain facts revealed by the investigation were

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known to the governor or the nominating commission at the time the candidate was

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considered by either of them.

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(6) (5) (a)The chair of the Senate Judicial Confirmation Committee shall provide

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public notice of each committee meeting.

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(b)The public notice shall include an explanation that:

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(i)any person wanting to testify regarding the appointee shall submit a written

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request to testify to the Office of Legislative Research and General Counsel at

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least 24 hours before the meeting is scheduled to begin; and

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(ii)portions of the meeting may be closed under Utah Code Title 52, Chapter 4, Open

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and Public Meetings Act.

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(7) (6) Before convening a meeting of the Senate Judicial Confirmation Committee, the

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chair shall:

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(a)review all written statements from persons desiring to address the committee

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regarding the governor's appointee;

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(b)review all records to be distributed to the committee and classify each record as

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"public" or "private" by applying the standard contained in Subsection 63G-2-302

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(1)(f)(i);

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(c)determine which persons making a timely request to testify under Subsection (6)(a)

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(5) may address the committee; and

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(d)if necessary, establish reasonable time limits for public comment.

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Section 2. Effective date. This resolution takes effect upon a successful vote for final passage.