Utah Admin. Code R356-2-7 - Initial Meeting of a Commission
(1)
(a) A commission meeting shall be set to
review the applications of any applicants who meet the eligibility criteria
established by the Utah Constitution and the Utah Code.
(b) Notice of the meeting's date, time, and
location shall be posted on the Utah Public Notice website.
(2) At the meeting the commission
shall:
(a) allow any members of the public or
the judiciary to provide comments; and
(b) consider any written comments submitted
to CCJJ.
(3) Following
the public comment period, the commission shall close the meeting to:
(a) discuss the applications submitted by
eligible applicants;
(b) consider
any potential conflicts of interest as provided in Section R356-2-10;
(c) choose which applicants will be invited
to interview for the judicial vacancy.
Notes
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(1) The commission shall convene an organizational meeting within 10 days of the end of the recruitment period .
(2) During the organizational meeting the commission shall:
(a) allow public comment concerning:
(i) the nominating process;
(ii) qualifications for judicial office;
(iii) issues facing the judiciary; and
(iv) other issues as determined appropriate by the commission ; and
(b) following public comment, close the meeting to the public to:
(i) establish a timeframe for certifying a list of nominees to the governor;
(ii) discuss applicants; and
(iii) discuss conflicts of interest as provided in R356-2-9.
(3) The Commission may meet as necessary to certify the list of nominees to the governor, but shall certify the list of nominees no later than 45 days after convening the organizational meeting .
(4) The chair of the commission presides at all meetings and ensures that each commissioner has the opportunity to be a full participant in the commission process.
(5) The member of the Judicial Council appointed by the chief justice of the Utah Supreme Court pursuant to Utah Code Annotated Section 78A-10-202(6) or 78A-10-302(8) shall be a full participant in discussions of the commission , but may not vote.
(6) The commission staff shall:
(a) ensure that the commission follows the rules promulgated by CCJJ ;
(b) resolve any questions regarding the rules promulgated by CCJJ ;
(c) take summary minutes of commission meetings which shall include:
(i) the date, time and place of the meeting;
(ii) a list of the commission members present and a list of those absent or excused;
(iii) a list of commission staff present;
(iv) a general description of the decisions made;
(v) any declarations by commission members of a relationship, interest or bias concerning any applicant;
(vi) a record of the total tally of all votes, but not the vote of individual commission members;
(vii) written statements submitted to the commission ; and
(viii) any other matter desired by the commission to be included; and
(d) perform other tasks assigned by the commission that are consistent with governing statutes and rules.
(7)
(a) The commission shall determine which applicants will be invited to interview.
(b) Each commission member shall have the opportunity to question applicants during interviews and to discuss the qualifications of applicants.
(c) In questioning applicants and discussing the qualifications of applicants, the chair shall speak last and the member of the Judicial Council appointed by the chief justice of the Utah Supreme Court shall speak next to last.
(8)
(a) If a commission member refuses to follow governing statutes or rules, the commission member is disqualified from the commission and the governor shall appoint a replacement.
(b) The commission staff determines whether a commission member refuses to follow governing statutes or rules.
(9)
(a) Following all applicant interviews, commission members shall determine by confidential ballot which applicants will be certified to the governor as nominees.
(b) The Appellate Court Nominating Commission shall certify a list of seven names to the governor.
(c) Trial Court Nominating Commissions shall certify a list of five names to the governor.
(10)
(a) Prior to certifying the list of nominees to the governor, the commission shall allow public comment on the nominees for a minimum of 10 days.
(b) Following the public comment, the commission may remove an applicant from the list of nominees if:
(i) the commission receives new information about an applicant that demonstrates the applicant is unfit to serve as a judge;
(ii) provides to the applicant being considered for removal from the list of nominees a copy of any written comments received during the public comment period about that applicant;
(iii) allows the applicant being considered for removal from the list the opportunity to respond to the information received during the public comment period; and
(iv) not less than one fewer than the total number of commission members at the meeting vote in favor of removing the applicant from the list of nominees.
(d) If the commission removes an applicant from the list of nominees the commission shall select another nominee from among the interviewed applicants and again allow public comment on the nominees for a minimum of 10 days.