Post by Milisha on Dec 2, 2008 22:04:51 GMT -5
Judicial Conduct Commission
2540 Washington Boulevard, Suite 703
Ogden, Utah 84401
Phone: (801) 626-3369
Fax: (801) 626-3390
Commission Members
Rep. Douglas C. Aagard
Sen. Gregory Bell
Hon. Russell W. Bench
Sen. Gene Davis
Elaine Englehardt, PhD
Hon. Royal I. Hansen
Rep. Neal Hendrickson
Ruth Lybbert, Chair
Flora Ogan
Rod Orton
Ronald Russell
Staff
Colin R. Winchester, Executive Director
Susan L. Hunt, Investigative Counsel
Justine Dimick, Office Technician
The Judicial Conduct Commission (JCC) is an independent fact-finding body established by Article VIII, Section 13 of the Constitution of Utah. The JCC investigates allegations of judicial misconduct by state, county and municipal judges. The JCC cannot impose discipline -- it can only recommend that the Utah Supreme Court impose discipline.
The JCC can investigate and act upon complaints against state, county and municipal judges, and can recommend the reprimand, censure, suspension, removal, or involuntary retirement of a judge for any of the following reasons:
• action which constitutes willful misconduct in office;
• final conviction of a crime punishable as a felony under state or federal law;
• willful and persistent failure to perform judicial duties;
• disability that seriously interferes with the performance of judicial duties; or
• conduct prejudicial to the administration of justice which brings a judicial office into disrepute.
The JCC cannot:
• assist a person in removing a judge from a particular court case;
• direct a judge to take a particular action in a court case;
• overturn a judge’s decision(s);
• recommend discipline based on a judge’s decision(s) in a particular court case;
• recommend or require that a particular court case be stayed pending the outcome of JCC proceedings;
• investigate federal judges, attorneys, court commissioners, court employees or other government employees; or
• provide legal assistance.
The Code of Judicial Conduct, adopted by the Utah Supreme Court, consists of five principles (called “canons”) of ethical behavior. All state, county and municipal judges are obligated to comply with the Code of Judicial Conduct. Each canon addresses a general topic (set forth below) and includes specific directives. The full text of the Code of Judicial Conduct is available at www.utcourts.gov/resources/ethadv.
Canon 1 Integrity and Independence of the Judiciary
Canon 2 Impropriety and the Appearance of Impropriety
Canon 3 Impartial and Diligent Performance of Judicial Duties
Canon 4 Participation in Non-judicial Activities
Canon 5 Political Activity
The JCC can only commence an investigation upon receipt of a written complaint. To submit a written complaint, click on the “Complaint Form” link, complete the complaint, print it, sign it, and mail it to the JCC at the address provided on the form. You should receive an acknowledgment within 7 to 10 business days.
Most preliminary investigations are completed within 90 days from the date the complaint is received. Complaints that go beyond the preliminary investigation stage take longer to resolve.
JCC proceedings are not open to the public. Except in certain limited circumstances, all complaints, papers and testimony received or maintained by the JCC, and the record of any confidential hearings conducted by the JCC, are confidential, and cannot be publicly disclosed.