Utah Administrative Code
Topic - Governor
Title R356 - Criminal and Juvenile Justice (State Commission on)
Rule R356-2 - Judicial Nominating Commissions
Section R356-2-9 - Conflicts of Interest
Universal Citation: UT Admin Code R 356-2-9
Current through Bulletin 2024-06, March 15, 2024
(1) Commission members shall disclose during the organizational meeting the existence and nature of a relationship with an applicant that may impact the commission member's ability to fairly and impartially evaluate the applicant or any other applicant.
(2)
(a) A commission member who believes they
have a relationship with an applicant that will impact their ability to fairly
and impartially evaluate an applicant shall recuse themself from the nominating
process.
(b) If a commission member
discloses a relationship with an applicant and does not recuse themself from
the nominating process, the commission may, by majority vote, disqualify the
commission member from participation if the commission believes the
relationship will impact the commission member's ability to fairly and
impartially evaluate an applicant.
(c) A commission member who has recused
themself or been disqualified by the commission may rejoin the nominating
process if:
(i) the applicant with whom the
commission member has a relationship is no longer being considered by the
commission; and
(ii) the commission
decides, by majority vote, to allow the commission member to
participate.
(3) A commission member who is related to an applicant within the third degree shall be disqualified from the nominating process.
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