DAR File No. 39050
This notice was published in the February 1, 2015, issue (Vol. 2015, No. 3) of the Utah State Bulletin.
Judicial Conduct Commission, Administration
Rule R595-3
Procedure
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 39050
Filed: 01/02/2015 10:12:57 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Pursuant to Subsection 78A-11-103(11), the Judicial Conduct Commission is required to make rules "outlining its procedures and the appointment of masters".
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
In January 2014, an attorney requested that the Judicial Conduct Commission amend Section R595-3-13 to provide that a complainant could require the Judicial Conduct Commission, upon dismissal of the complainant's complaint, to seek, from the Judicial Council's Ethics Advisory Committee, an ethics advisory opinion on the ethical issues raised in the complaint. The Judicial Conduct Commission studied the request and sought and received input from the courts' general counsel, who staffs the Judicial Council's Ethics Advisory Committee. In April 2014, the Judicial Conduct Commission notified the attorney that although it was declining to amend Section R595-3-13, the Judicial Conduct Commission would consider requests to seek ethics advisory opinions on a case-by-case basis.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
Continuation of the rule is necessary in order for the Judicial Conduct Commission to conduct its constitutionally and statutorily mandated obligation to investigate and resolve allegations of judicial misconduct or judicial disability.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Judicial Conduct CommissionAdministrationRoom 703
2540 WASHINGTON BLVD
OGDEN, UT 84401
Direct questions regarding this rule to:
- Colin Winchester at the above address, by phone at 801-626-3359, by FAX at 801-626-3390, or by Internet E-mail at [email protected]
Effective:
01/02/2015
Authorized by:
Colin Winchester, Director
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20150201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Colin Winchester at the above address, by phone at 801-626-3359, by FAX at 801-626-3390, or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Division of Administrative Rules.