In re Judge ChristensenAnnotate this Case
From 2009 onward, Judge Kevin Christensen was employed as a justice court judge by four Utah municipalities. Following an investigation, the Judicial Conduct Commission (JCC) found that the salary of Judge Christensen exceeded the statutory cap on the salaries of justice court judges who are employed by more than one municipality. The JCC recommended that Judge Christensen be censured and ordered to repay the excess amounts. Before the Supreme Court, Judge Christensen argued that the statutory provision he stipulated to having violated was unconstitutional. The Supreme Court adopted the recommendations of the JCC, holding (1) Judge Christensen cannot challenge for the first time in a disciplinary hearing the constitutionality of a statute he has violated; and (2) none of the mitigating factors offered by Judge Christensen would render the proposed sanctions unjust or improper, and the ordered repayments would not violate Utah law.