No. 27330 (New Rule): R595-1. General Provisions

DAR File No.: 27330
Filed: 08/04/2004, 02:27
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change is proposed after comprehensive revision of the rule pursuant to division review, recent legislative changes (S.B. 161 (2004)), the Supreme Court's opinion, In re Anderson, and Legislative Audit 2003-10. (DAR NOTE: S. B. 161 is found at UT L 2004 Ch 293, and was effective 05/03/2004.)

 

Summary of the rule or change:

The changes involve repealing the current rule and replacing it with four new rules. This proposed new rule adopts general provisions for operation of Judicial Conduct Commission. (DAR NOTE: The proposed repeal of Rule R595-1 in under DAR No. 27329, and the proposed new rules are R595-1 under DAR No. 27330, R595-2 under DAR No. 27331, R595-3 under DAR No. 27332, and R595-4 under DAR No. 27333 all in this issue.)

 

State statutory or constitutional authorization for this rule:

Art. VIII, Sec 13; and Sections 78-8-101 through 78-8-108

 

This rule or change incorporates by reference the following material:

None.

 

Anticipated cost or savings to:

the state budget:

None--This comprehensive revision does not alter the basic operations or functions of the Judicial Conduct Commission, and therefore, does not result in either cost or savings to the State.

 

local governments:

None--Judicial Conduct Commission operations do not affect local governments, therefore, there are no costs or savings.

 

other persons:

None--This comprehensive revision does not alter the basic operations or functions of the Judicial Conduct Commission, and therefore, does not result in either cost or savings to other persons.

 

Compliance costs for affected persons:

None--This comprehensive revision does not alter the basic operations or functions of the Judicial Conduct Commission, and therefore, does not result in either compliance costs or compliance savings to affected persons.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

None--Judicial Conduct Commission operations do not affect businesses.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Judicial Conduct Commission
Administration
645 S 200 E
SALT LAKE CITY UT 84111-3837

 

Direct questions regarding this rule to:

Colin Winchester at the above address, by phone at 801-533-3200, by FAX at 801-533-3208, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2004

 

This rule may become effective on:

10/02/2004

 

Authorized by:

Colin Winchester, Director

 

 

RULE TEXT

R595. Judicial Conduct Commission, Administration.

R595-1. General Provisions.

R595-1-1. Definitions.

In addition to terms defined in Section 78-8-101 et seq. of the Utah Code:

A. "Chair" means the chair of the Judicial Conduct Commission and includes the vice chair or acting chair.

B. "Confidential hearing" means a hearing at which allegations of misconduct or disability are presented to the hearing panel or masters for resolution.

C. "Contract investigator" means a person with whom a contract exists for the performance of investigative services.

D. "Examiner" means the lawyer designated by the Commission to present evidence at a confidential hearing.

E. "Formal charges" means the specific allegations of misconduct or disability identified by the Commission at the conclusion of a full investigation and upon which further proceedings will be conducted.

F. "Formal complaint" means the written document that formally charges a judge with misconduct or disability.

G. "Full investigation" means that portion of an investigation in which the judge is invited to respond in writing to specific allegations identified by the Commission. A full investigation may also include, but is not limited to: examination of documents, correspondence, court records, transcripts or tapes; interviews of the complainant, counsel, court staff, the judge and other witnesses; and inspection of physical facilities or objects.

H. "Hearing panel" means a panel of at least six members of the Commission designated to conduct a confidential hearing.

I. "Masters" means the special masters appointed by the Commission to conduct a confidential hearing.

J. "Misconduct" means a violation of the Utah Code of Judicial Conduct or Section 78-8-103(a), (b), (c), or (e) of the Utah Code.

K. "Preliminary investigation" means that portion of an investigation conducted upon receipt of a written complaint or upon authorization of the Commission. A preliminary investigation may include, but is not limited to: examination of documents, correspondence, court records, transcripts or tapes; interviews of the complainant, counsel, court staff and other witnesses; and inspection of physical facilities or objects.

L. "Presiding master" means the special master designated to preside over any hearing conducted by masters.

M. "Proceeding" means all steps in the Commission's discipline and disability process.

N. "Record" means all documents required by statute to be submitted to the Utah Supreme Court.

O. "Supreme Court" means the Utah Supreme Court.

 

R595-1-2. Jurisdiction.

A. Judges. The Commission has jurisdiction over judges in evaluating allegations that misconduct occurred before or during service as a judge and in evaluating allegations of disability during service as a judge.

B. Former judges. The Commission has continuing jurisdiction over former judges regarding allegations that misconduct occurred during the judicial appointment process or during service as a judge if a complaint is received before the judge left office.

 

R595-1-3. Confidentiality.

Confidentiality of Commission proceedings and records is governed by the Constitution of Utah and applicable state statute.

 

R595-1-4. Ex Parte Communications.

Commissioners shall not, individually or collectively, engage in ex parte communications about proceedings with complainants, witnesses, or judges.

 

R595-1-5. Attendance at Commission Meetings.

Commission members may attend Commission meetings in person, by telephone, by videoconference, or by other means approved in advance by the chair.

 

R595-1-6. Records Classification and Retention.

(Reserved.)

 

KEY: judicial conduct commission

2004

Art. VIII, Sec. 13

78-8-101 through 78-8-108