Utah Code 78A-11-105. Grounds for reprimand, censure, suspension, removal, or involuntary retirement of justice, judge, or justice court judge — Suspension
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(1) The commission may issue an order, subject to the Supreme Court’s review and issuance of a final order implementing, rejecting, or modifying the commission’s order, that any judge be reprimanded, censured, suspended, removed from office, or involuntarily retired, for:
Terms Used In Utah Code 78A-11-105
- Commission: means the Judicial Conduct Commission established by Utah Constitution Article VIII, § 13, and this chapter. See Utah Code 78A-11-102
- Conviction: A judgement of guilt against a criminal defendant.
- Judge: includes the chief justice of the Supreme Court, a justice of the Supreme Court, a judge of the Court of Appeals, a judge of the Business and Chancery Court, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state. See Utah Code 78A-11-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) action which constitutes willful misconduct in office;
(1)(b) final conviction of a crime punishable as a felony under state or federal law;
(1)(c) willful and persistent failure to perform judicial duties;
(1)(d) disability that seriously interferes with the performance of judicial duties; or
(1)(e) conduct prejudicial to the administration of justice which brings a judicial office into disrepute.
(2) In addition to the reasons specified in Subsection (1) , the Supreme Court shall order the reprimand, censure, suspension, removal, or involuntary retirement of any justice court judge who fails to obtain and maintain certification from the Judicial Council for attendance at required judicial training courses or who fails to meet the minimum requirements for office, including residency.
(3)
(3)(a) The Supreme Court may, on its own motion, suspend or remove a judge from office if the judge:
(3)(a)(i) develops a physical or mental disability that seriously interferes with the performance of his judicial duties as provided in the Utah Constitution, Article VIII, § 13, Paragraph 4;
(3)(a)(ii) becomes unqualified to hold the judicial office as provided in the Utah Constitution, Article VIII, Sections 7 and 10, and Section 78A-2-221 ; or
(3)(a)(iii) brings the judicial office into disrepute by engaging in conduct prejudicial to the administration of justice as provided in the Utah Constitution, Article VIII, § 13, Paragraph 5.
(3)(b) The Supreme Court shall provide notice to the judge and an opportunity to be heard.