Section 112 – Confidentiality.
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 […]
Section 103 – Judicial Conduct Commission — Members — Terms — Vacancies — Voting — Power of chair.
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 […]
Section 104 – Expenses — Per diem and travel.
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 […]
Section 105 – Grounds for reprimand, censure, suspension, removal, or involuntary retirement of justice, judge, or justice court judge — Suspension.
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, […]
Section 106 – Criminal investigation of a judge — Administrative leave.
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 […]
Section 107 – Referral of attorney misconduct.
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 […]
Section 108 – Involuntary disability retirement or removal of a judge.
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 […]
Section 109 – Receipt of complaints.
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 […]
Section 203 – Procedure.
78A-10-203. Procedure. (1) Four commissioners are a quorum. (2) The governor shall appoint a member of the governor’s staff to serve as staff to the Appellate Court Nominating Commission. (3) The governor shall: (a) ensure that the commission follows the rules promulgated by the Commission on Criminal and Juvenile Justice; and (b) resolve any questions […]
Section 204 – Vacancies.
78A-10-204. Vacancies. (1) The governor shall fill any vacancy in the office of Appellate Court Nominating Commission. (2) If an appellate court nominating commissioner is disqualified or is otherwise unable to serve, the governor shall appoint a new commissioner of the same political party as the unavailable commissioner. (3) If a vacancy occurs among commission […]