2006 Utah Code - 78-8-102 — Judicial Conduct Commission -- Creation -- Members -- Terms -- Vacancies -- Voting -- Expenses -- Power of chair.

     78-8-102.   Judicial Conduct Commission -- Creation -- Members -- Terms -- Vacancies -- Voting -- Expenses -- Power of chair.
     (1) The membership of the commission established by Article VIII, Section 13 of the Utah Constitution consists of:
     (a) two members of the House of Representatives to be appointed by the speaker of the House of Representatives for a four-year term, not more than one of whom may be of the same political party as the speaker;
     (b) two members of the Senate to be appointed by the president of the Senate for a four-year term, not more than one of whom may be of the same political party as the president;
     (c) two members of, and in good standing with, the Utah State Bar, who shall be appointed by a majority of the Utah Supreme Court for a four-year term, none of whom may reside in the same judicial district;
     (d) three persons not members of the Utah State Bar, who shall be appointed by the governor, with the consent of the Senate, for four-year terms, not more than two of whom may be of the same political party as the governor;
     (e) one member of the Utah Court of Appeals to be selected by a majority of the Utah Supreme Court for a four-year term; and
     (f) one judge from a trial court of record to be selected by a majority of the Utah Supreme Court for a four-year term.
     (2) (a) The terms of the members shall be staggered so that approximately half of the commission expires every two years.
     (b) All members of the commission shall serve no longer than eight years.
     (3) The commission shall establish guidelines and procedures for the disqualification of any member from consideration of any matter.
     (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed by the appointing authority for the unexpired term.
     (b) If the appointing authority fails to appoint a replacement, the commissioners who have been appointed may act as a commission under all the provisions of this section.
     (5) Six members of the commission shall constitute a quorum. Any action of a majority of the quorum constitutes the action of the commission.
     (6) (a) (i) Members who are not government employees shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) Members may decline to receive per diem and expenses for their service.
     (b) (i) State government officer and employee members who do not receive salary, per diem, or expenses from their agency for their service may receive per diem and expenses incurred in the performance of their official duties from the commission at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
     (ii) State government officer and employee members may decline to receive per diem and expenses for their service.
     (c) Legislators on the commission shall receive compensation and expenses as provided in Section 36-2-2 and Legislative Joint Rule 15.03.
     (d) (i) The chair shall be allowed the actual expenses of secretarial services, the expenses of services for either a court reporter or a transcriber of electronic tape recordings, and other

necessary administrative expenses incurred in the performance of the duties of the commission.
     (ii) At each commission meeting, the chair and executive director shall schedule all complaints to be heard by the commission and present any information from which a reasonable inference can be drawn that a judge has committed misconduct so that the commission may determine by majority vote of a quorum whether the executive director shall draft a written complaint in accordance with Subsection 78-8-101(2)(b).
     (iii) The chair and executive director may not act to dismiss any complaint without a majority vote of a quorum of the commission.
     (7) It is the responsibility of the chair and the executive director to ensure that the commission complies with the procedures of the commission.
     (8) The chair shall be nonvoting except in the case of a tie vote.
     (9) Upon a majority vote of the quorum, the commission may:
     (a) employ an executive director, legal counsel, investigators, and other staff to assist the commission; and
     (b) incur other reasonable and necessary expenses within the authorized budget of the commission and consistent with the duties of the commission.

Amended by Chapter 34, 2006 General Session