Utah Administrative Code Topic - Judicial Conduct Commission
Here’s an enhanced overview of the Utah Administrative Code topic “Judicial Conduct Commission”—covering its statutory framework (Title 78A‑11 of the Utah Code) and relevant administrative rules (Title R595):
📜 Statutory Authority – Utah Code Title 78A, Chapter 11
Creation & Purpose (78A‑11‑101)
The Judicial Conduct Commission (“Commission” or JCC) was established under Utah Constitution, Article VIII, Section 13, to oversee judicial misconduct (le.utah.gov).
Definitions (78A‑11‑102)
Defines key terms such as “Commission,” “Complaint,” “Investigation,” and “Judge.” The Commission handles allegations based on reliable information in any form (le.utah.gov).
Composition & Terms (78A‑11‑103)
11 members serving staggered four‑year terms (max eight years total):
2 House legislators (speaker-appointed), 2 Senate legislators (president-appointed)
2 Utah State Bar lawyers (Supreme Court-appointed)
3 public members (governor-appointed)
2 judges (Supreme Court-appointed)
Chair votes only to break ties; quorum = 6 (le.utah.gov, utcourts.gov).
Sanctions (78A‑11‑105)
Grounds for action include willful misconduct, criminal convictions, disability, failure to perform duties, or behavior prejudicial to justice. Sanctions range from reprimand to removal or involuntary retirement (le.utah.gov).
Criminal Allegations (78A‑11‑106)
If criminal conduct is suspected, the Commission refers it to prosecutors; the judge may be placed on administrative leave during pending charges (le.utah.gov).
Complaint Process (78A‑11‑109)
The Commission may decline investigations if the complaint is more than four years old or not within its jurisdiction (le.utah.gov).
Hearings (78A‑11‑110)
Hearings may occur before the full Commission or three appointed special masters; all procedural elements (charges, evidence, transcripts) are specified (le.utah.gov).
Supreme Court Review (78A‑11‑111)
The Utah Supreme Court reviews the Commission’s findings and may accept, reject, or modify the recommended sanctions before implementation (le.utah.gov).
Confidentiality (78A‑11‑112)
Investigations remain confidential; records may be disclosed only under narrow circumstances (e.g., Supreme Court order, criminal proceedings) (le.utah.gov).
Subpoena & Contempt (78A‑11‑113)
The Commission has subpoena power equivalent to a district court order to compel testimony or documentation .
🏛 Administrative Rules – Utah Admin. Code R595
Rule Set (Title R595)
The administrative rules cover general provisions (R595‑1), administration (R595‑2), procedures (R595‑3), and sanctions (R595‑4) (law.cornell.edu).
Executive Committee & Director (R595‑2)
Outlines the roles of the Executive Committee, terms for chair/vice‑chair, and duties of the Executive Director, including complaint intake and preliminary screening (law.cornell.edu).
Procedure (R595‑3)
Detailed procedures include confidentiality obligations, handling of resignations mid‑proceeding, appointment of masters, and hearing processes .
🧩 How It All Works Together
Complaint Filed → Executive Director takes initial jurisdictional review.
Preliminary Investigation → May lead to dismissal or full inquiry.
Formal Charges & Hearing → Before Commission or masters per R595‑3 procedural rules.
Commission Vote & Recommendation → Sanctions issued upon majority vote.
Supreme Court Review → Court examines proceedings and issues final order.
Confidentiality Maintained → Until Supreme Court's final order; limited exceptions apply.
🔍 Key Takeaways
Independent Oversight: The JCC is separate from courts and Supreme Court decision‑review—they focus solely on unethical conduct (le.utah.gov, utcourts.gov, law.cornell.edu, jcc.utah.gov).
Checks and Balances: The Supreme Court must review and approve Commission sanctions.
Prioritized Confidentiality: Investigations remain private except as allowed under statute.
Formal Structure: Statutory law (78A‑11) sets the foundation; administrative rules (R595) detail internal processes and operations.
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