Effective 1/1/2021 78A-11-103. Judicial Conduct Commission — Members — Terms — Vacancies — Voting — Power of chair. (1) The membership of the commission consists of the following 11 members: (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 […]
Effective 5/13/2014 78A-11-104. Expenses — Per diem and travel. (1) A member who is not a legislator may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses as allowed in: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance according to […]
78A-11-105. Grounds for reprimand, censure, suspension, removal, or involuntary retirement of justice, judge, or justice court judge — Suspension. (1) The commission may issue an order, subject to the Supreme Court’s review and issuance of a final order implementing, rejecting, or modifying the commission’s order, that any judge be reprimanded, censured, suspended, removed from office, […]
Effective 5/8/2018 78A-11-106. Criminal investigation of a judge — Administrative leave. (1) (a) (i) If the commission, during the course of its investigation into an allegation of judicial misconduct, receives information upon which a reasonable person might conclude that a misdemeanor or felony under state or federal law has been committed by a judge other […]
78A-11-107. Referral of attorney misconduct. If the commission, during the course of its investigation into an allegation of judicial misconduct, receives information upon which a reasonable person might conclude that a member of the state bar has violated one of the Rules of Professional Conduct, the commission shall refer that information about the attorney to […]
78A-11-108. Involuntary disability retirement or removal of a judge. (1) The commission shall recommend and issue an order for the removal or involuntary retirement of a judge of any court of this state, in accordance with the procedure outlined in this section, for a disability that seriously interferes with the performance of the judge’s judicial […]
78A-11-109. Receipt of complaints. (1) The commission shall receive and investigate any complaint against a judge. (2) Unless the complaint alleges criminal misconduct, the commission may decline to investigate any complaint received four or more years after the act or omission which constitutes the alleged misconduct. (3) During the course of any investigation, the commission […]
78A-11-110. Hearing. (1) (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. (2) Alternatively, the commission may appoint three special masters, who are judges of courts of record, to hear and take evidence in the matter and […]
78A-11-111. Supreme Court action. (1) Before the implementation, rejection, or modification of any commission order the Supreme Court shall: (a) review the commission’s proceedings as to both law and fact and may permit the introduction of additional evidence; and (b) consider the number and nature of previous orders issued by the Supreme Court and may […]
78A-11-112. Confidentiality. (1) The transmission, production, or disclosure of any complaints, papers, or testimony in the course of proceedings before the commission, the masters appointed under Section 78A-11-110, or the Supreme Court may not be introduced in any civil action. (2) The transmission, production, or disclosure of any complaints, papers, or testimony in the course […]
78A-11-113. Subpoena power of the commission — Testimony — Contempt. (1) The commission may issue subpoenas in aid of an investigation of a complaint filed with the commission. The subpoena shall have the same authority as an order of the district court. Commission subpoenas shall be issued in the manner and form prescribed for subpoenas […]
