No. 27331 (New Rule): R595-2. Administration

DAR File No.: 27331
Filed: 08/04/2004, 02:31
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 provides for the administration of the 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, and 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.

R595-2. Administration.

R595-2-1. Executive Committee.

A. There is hereby established an executive committee of the Commission, comprised of the following three members of the Commission, all elected by the Commission: one legislator, one judge or member of the Utah State Bar, and one public member. The Commission chair shall serve as one of the members of, and as chair of, the executive committee.

B. The terms of committee members shall be two years. Committee members may be elected to subsequent terms.

C. The executive committee may:

1. recommend to the Commission the hiring or termination of the executive director;

2. hire and terminate the employment of other Commission staff;

3. approve the contracts of contract investigators;

4. recommend to the Commission salary increases for the executive director and other Commission staff; and

5. perform other administrative duties as assigned by the Commission.

 

R595-2-2. Terms of Commission Chair and Vice Chair.

The terms of the Commission chair and vice chair shall be two years. The chair and vice chair may be elected to subsequent terms.

 

R595-2-3. Duties of Executive Director.

A. The executive director shall:

1. receive, acknowledge receipt of, and review complaints, refer complaints as provided by statute, conduct preliminary investigations, notify complainants about the status and disposition of their complaints, make recommendations to the Commission regarding further proceedings or the disposition of complaints, conduct full investigations or file formal charges when directed to do so by the Commission, and act as examiner;

2. maintain records of the Commission's operations and actions;

3. compile statistics to aid in the administration of the Commission's operations and actions;

4. prepare and distribute an annual report of the Commission's operations and actions;

5. prepare the Commission's budget for submission to the Commission and the Legislature, and administer the funds;

6. subject to the approval of the Commission or the executive committee, hire and terminate Commission staff and enter into contracts with contract investigators;

7. direct the operations of the Commission's office, and supervise other members of the Commission's staff and contract investigators;

8. with the Commission's approval, engage experts in connection with proceedings;

9. make available to the public, the laws, rules and procedures affecting the Commission and its operations;

10. consider requests for extensions of time periods established by these rules, and may, upon a showing of good cause, grant such requests for a period of time not to exceed 60 days in the aggregate; and

11. perform other duties at the direction of the Commission.

B. Subject to the duty to direct and supervise, the executive director may delegate any of the foregoing duties to other members of the Commission's staff or contract investigators.

C. Subject to the duty to direct and supervise, the executive director may delegate any of the foregoing duties to other members of the Commission's staff or contract investigators.

 

KEY: judicial conduct commission

2004

Art. VIII, Sec. 13

78-8-101 through 78-8-108