2006 Utah Code - 78-8-107 — Authority of Judicial Conduct Commission -- Disclosure of criminal misconduct or information -- Procedure for reprimand, censure, suspension, removal, or involuntary retirement -- Certain orders made public.

     78-8-107.   Authority of Judicial Conduct Commission -- Disclosure of criminal misconduct or information -- Procedure for reprimand, censure, suspension, removal, or involuntary retirement -- Certain orders made public.
     (1) (a) The commission shall receive and investigate any complaint against a judge.
     (b) (i) If the commission receives a complaint that alleges conduct that may be a misdemeanor or felony under state or federal law, it shall, unless the allegation is plainly frivolous, immediately refer the allegation of criminal misconduct and any information relevant to the potential criminal violation to the local prosecuting attorney having jurisdiction to investigate and prosecute the crime.
     (ii) If the local prosecuting attorney receiving the allegation of criminal misconduct of a judge practices before that judge on a regular basis, or has a conflict of interest in investigating the crime, the local prosecuting attorney shall refer this allegation of criminal misconduct to another local or state prosecutor who would not have that same disability or conflict.
     (iii) The commission may concurrently proceed with its investigation of the complaint without waiting for the resolution of the criminal investigation by the prosecuting attorney.
     (2) During the course of any investigation, the commission:
     (a) shall refer any information relating to the criminal conduct alleged and any evidence which relates to the allegation to which the judge has been accused, unless plainly frivolous, to the local prosecuting attorney as provided in Subsection (1)(b); and
     (b) may order a hearing to be held concerning the reprimand, censure, suspension, removal, or involuntary retirement of a judge.
     (3) The commission shall provide the judge with all information necessary to prepare an adequate response or defense, which may include the identity of the complainant.
     (4) (a) A hearing may be conducted before a quorum of the commission.
     (b) Any finding or order shall be made upon a majority vote of the quorum.
     (5) Alternatively, the commission may appoint three special masters, who are judges of courts of record, to hear and take evidence in the matter and to report to the commission.
     (6) (a) After the hearing or after considering the record and report of the masters, if the commission finds by a preponderance of the evidence that misconduct occurred, it shall order the reprimand, censure, suspension, removal, or involuntary retirement of the judge.
     (b) When a commission order is sent to the Supreme Court, it shall also be:
     (i) publicly disclosed; and
     (ii) sent to the entity that appointed the judge.
     (7) When the commission issues any order, including a stipulated order, that is sent to the Supreme Court, the record shall include:
     (a) the original complaint and any other information regarding violations, or potential violations, of the Code of Judicial Conduct;
     (b) the charges;
     (c) all correspondence and other documents which passed between the commission and the judge;
     (d) all letters which may explain the charges;
     (e) all affidavits, subpoenas, and testimony of witnesses;
     (f) the commission's findings of fact and conclusions of law;
     (g) a transcript of any proceedings, including hearings on motions;
     (h) a copy of each exhibit admitted into evidence;

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     (i) a summary of all the complaints dismissed by the commission against the judge which contained allegations or information similar in nature to the misconduct under review by the Supreme Court;
     (j) a summary of all the orders implemented, rejected, or modified by the Supreme Court against the judge; and
     (k) all information in the commission's files on any informal resolution, including any letter of admonition, comment, or caution, that the commission issued against the judge prior to May 1, 2000.
     (8) (a) Before the implementation, rejection, or modification of any commission order the Supreme Court shall:
     (i) review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence; and
     (ii) consider the number and nature of previous orders issued by the Supreme Court and may increase the severity of the order based on a pattern or practice of misconduct or for any other reason that the Supreme Court finds just and proper.
     (b) In recommending any order, including stipulated orders, the commission may not place, or attempt to place, any condition or limitation upon the Supreme Court's constitutional power to:
     (i) review the commission's proceedings as to both law and fact; or
     (ii) implement, reject, or modify a commission order.
     (c) After briefs have been submitted and any oral argument made, the Supreme Court shall, within 90 days, issue its order implementing, rejecting, or modifying the commission's order.
     (9) (a) Upon an order for involuntary retirement, the judge shall retire with the same rights and privileges as if the judge retired pursuant to statute.
     (b) Upon an order for removal, the judge shall be removed from office and his salary or compensation ceases from the date of the order.
     (c) Upon an order for suspension from office, the judge may not perform any judicial functions and may not receive a salary for the period of suspension.
     (10) (a) The transmission, production, or disclosure of any complaints, papers, or testimony in the course of proceedings before the commission, the masters appointed under Subsection (5), or the Supreme Court may not be introduced in any civil action.
     (b) The transmission, production, or disclosure of any complaints, papers, or testimony in the course of proceedings before the commission or the masters appointed under Subsection (5) may be introduced in any criminal action, consistent with the Utah Rules of Evidence. This information shall be shared with the prosecutor conducting a criminal investigation or prosecution of a judge as provided in Subsections (1) and (2).
     (c) Complaints, papers, testimony, or the record of the commission's confidential hearing may not be disclosed by the commission, masters, or any court until the Supreme Court has entered its final order in accordance with this section, except:
     (i) upon order of the Supreme Court;
     (ii) upon the request of the judge who is the subject of the complaint;
     (iii) as provided in Subsection (10)(d);
     (iv) to aid in a criminal investigation or prosecution as provided in Subsections (1) and (2); or

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     (v) this information is subject to audit by the Office of Legislative Auditor General, and any records released to the Office of Legislative Auditor General shall be maintained as confidential, except:
     (A) for information that has already been made public; and
     (B) the final written and oral audit report of the Legislative Auditor General may present information about the commission as long as it contains no specific information that would easily identify a judge, witness, or complainant.
     (d) Upon the dismissal of a complaint or allegation against a judge, the dismissal shall be disclosed without consent of the judge to the person who filed the complaint.
     (11) The commission shall make rules in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, outlining its procedures and the appointment of masters.
     (12) A judge who is a member of the commission or the Supreme Court may not participate in any proceedings involving the judge's own removal or retirement.
     (13) Retirement for involuntary retirement as provided in this chapter shall be processed through the Utah State Retirement Office, and the judge retiring shall meet the requirements for retirement as specified in this chapter.

Amended by Chapter 34, 2006 General Session