Utah Code Jud. Admin. 2-211

As amended through October 28, 2024

Rule 2-211 - Compliance with the Code of Judicial Administration and the Code of Judicial Conduct

Intent:

To establish the authority of the presiding officer, theManagement Committee and the Council to take corrective action in the event ofnon-compliance with this Code or the Code of Judicial Conduct.

Applicability:

This rule shall apply to judicial and quasi-judicialofficers.

Statement of the Rule:

(1) Allegations of failure to comply with the provisions ofthis Code and the Code of Judicial Conduct may be reported by any court employee verbally or in writing by any of the following methods:

(1)(A) By contacting directly any supervisor or member of management with whom the employee is comfortable reporting such matters;

(1)(B) By contacting any Human Resource representative;

(1)(C) By contacting directly, any member of AOC management, including any court level administrator;

(1)(D) By contacting the State Court Administrator, Deputy State Court Administrator, or Assistant State Court Administrator; or

(1)(E) By contacting any commissioner, judge or justice.

(2) Supervisors, members of management, Human Resource representatives, and court level administrators shall promptly submit allegations reported under paragraph (1) verbally or in writing to the State Court Administrator, the Deputy State Court Administrator, or Assistant State Court Administrator.

(3) The State Court Administrator, Deputy State Court Administrator, and Assistant State Court Administrator shall promptly submit allegations reported under paragraph (2) to the presidingofficer of the Council.

(4) The presiding officer of the Council, in consultationwith the Management Committee, has the discretion to dismiss the allegations,investigate the allegations, take appropriate corrective action or submit thematter to the Council for consideration. Where corrective action is taken, thepresiding officer shall report to the Council in executive session the nature ofthe problem and the corrective action taken. Information which identifies the person who submitted the allegation and the individual against whom corrective action is taken may be omitted from thereport.

(5) The Council shall convene in executive session to reviewthose allegations of non-compliance submitted by the presiding officer pursuantto paragraph (4) and, upon a majority vote, direct dismissal of the allegations,investigation of the allegations, corrective action or referral to the JudicialConduct Commission. Allegations of non-compliance shall be referred to theConduct Commission only after consideration by the Council and upon a majorityvote of its members.

(6) The presiding officer of the Council is empowered toimplement any corrective action recommended by the executive managementcommittee or the Council.

(7) If the allegations involve inappropriate behavior toward the person who submitted the 60 allegations, the presiding officer shall notify the person whether corrective action was 61 taken. The person may ask that any decision made by the presiding officer be reviewed by the 62 Council.

Utah Code Jud. Admin. 2-211

Amended effective 5/1/2021.