Utah JUDICIAL CONDUCT COMMISSION Meeting

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[0:02] Okay. We're on the open record. Fantastic. Okay. Thank you, everyone, for the meeting to order. We don't have anyone here in the public, but we do have two legislative auditors with us today. And so seeing the one wishing to comment, we'll just move right along to the people of the public minutes. Did anybody see anything in the public minutes that may need to change things?
[0:30] I did want to make a note, Judge Harris did have a couple of changes that were made.
[0:36] And we sent that back around to everybody.
[0:39] It was specifically the discussion on the administrative rule changes and commissioners,
[0:46] which is in the bottom of page paragraph three.
[0:49] and the explanation of commissioners who left the meeting in paragraph 6.
[0:58] Steven, is your motion to refer to the most recent work done?
[1:01] Yes.
[1:02] Okay.
[1:03] So I have a motion.
[1:04] Do I have a second?
[1:06] I'll second.
[1:07] All those in favor?
[1:11] Okay.
[1:15] Any opposed?
[1:17] Okay.
[1:21] Any opposed?
[1:22] and request continuing to work with the OPC on trying to get clear rules on disciplinary
[1:34] proceedings on judges who we've taken action on and then subsequently maintain their
[1:40] log licenses. So that's what that work is with legislative auditors. I would say continue
[1:47] their work. I think they're almost done. I'll give it a little bit more of an update on
[1:52] that in the confidential portion of our meeting. I am working with human resources for that privacy
[1:59] officer position. I've got some resumes in starting to review those and then I'll get with the staff
[2:06] to do those interviews and see if we can hire them on. I did distribute some AI training but not
[2:13] the latest ones. I'll send that out to the commissioners. The annual report has been distributed,
[2:19] which means we give a copy to the legislature, we, by statute, we owe a copy to the legislature.
[2:26] That's been submitted. It is posted on the website and continuing to collect the policy signatures.
[2:33] The website has been updated with all of the ACC case dispositions, both dismissals with warnings as well as public actions.
[2:44] and we keep working on with the commissioners to on board the new packet distribution process.
[2:52] What I'm talking about is the encrypted emails at this point I've got everybody on board except for just one.
[3:01] So we'll keep working with them to try and get that taken care of.
[3:04] Next, the budget, budget's looking good, not spending much, we do have the carryover
[3:11] balance.
[3:13] I expect to sat down with the budget officer, we looked forward, I don't expect my legislative
[3:20] members any asks, budgetary asks this year, even any anticipated changes should be able to
[3:33] have been taking care of with our carry over amount. So if I have, for example, if I have
[3:41] to update our database or bring in new staff, frankly, like that, we should be able to take
[3:47] care of that, at least for this fiscal year. So we'll find other stuff to take up to the
[3:54] legislature, but at least the budget won't be awesome. Looking at the case status report,
[4:00] Since this was prepared, we were at 39, we're at 45.
[4:06] Again, extrapolating out to the future, that's about 22.5 per month.
[4:12] If I do 22.5 per month, I will definitely go over 221 cases by the end of the year.
[4:20] So the case trend, the amount of cases that we do annually continues to rise.
[4:27] I think three years ago, after we went to online, I said I thought it would level out.
[4:39] I thought we would level out between 160 and 180, and I'm still not seeing a level
[4:45] going out. So it is what it is. However, at least our, yes, Steve, what do you attribute
[4:53] this increase to or can you? I don't know that I can. Analytically, I think it's the
[5:13] It's the difficulty in appealing cases, we're seeing a lot of rulings come away, this
[5:20] is a risk.
[5:21] Very good.
[5:21] Thank you.
[5:23] Yeah.
[5:24] Is that possible?
[5:25] Yeah.
[5:25] That's a good question.
[5:27] That's very good.
[5:27] That's a good question.
[5:28] Right here.
[5:30] Yes.
[5:30] Yeah.
[5:32] So I think Anna Dolly, it's the, we're the easier route out of the appellate system.
[5:40] And then again, anecdotally, I would offer, and you all are seeing it in the complaints
[5:45] that you're reviewing, the complaints are getting better at saying, I'm not complaining
[5:52] about the judge's decision, but they decided to get your seeing that, and so I think it's
[6:03] that.
[6:03] I think it's easier to come to us than it is to go to the appeals.
[6:06] So, second part of the question, and I think it has been for years since we started the online
[6:12] complaint process.
[6:15] Are you seeing a higher percent?
[6:17] With that method of filing, are we seeing a higher percentage of no merit cases?
[6:24] So, no, we're not.
[6:26] So, the two critical data points are, are we seeing more full investigations in public actions?
[6:35] And when you extrapolate it out, we're staying at about the same level.
[6:45] You know, last year was a little bit of a high watermark with the judge candle and the judge
[6:51] Christians in cases, which were criminal cases that we also resolved at all cases.
[6:57] And then usually at the end of the year, I put a, you know, I put together a ten-year
[7:06] report for y'all talking about a report and the case load goes up or the complaint levels
[7:13] go up.
[7:14] But when you look at it over the years, we balance between zero, zero public and zero private
[7:25] actions and two published five, right, two to five, or zero. And I'll do it again
[7:36] that we still haven't found an increase in meritorious cases. When I went to
[7:43] Chicago and talked to the other executive directors, I asked them, they all
[7:49] same to note is the same general trends, increased caseloads, and the increase in the
[7:57] caseload seemed to be related to health appeals.
[8:01] I'm trying to remember how many we had before we went to this online portal system.
[8:05] It feels to me like in the 60 range, it was significantly fewer cases.
[8:11] When we would have 80 cases a year, it was, wow, it was a busy year, I mean, that was the
[8:19] discussion around the office. I do have, actually, I didn't bring them down. I did look over the 10-year
[8:26] stats recently and you can absolutely see that when we went to the online, we exponentially
[8:34] increase.
[8:37] It's something that was the right call. It just means we're across. But it gives the
[8:42] public more access. Absolutely gives the public more access. Of course, we're happy to do whatever you
[8:50] I would say it's still the minority right across the US there are fewer judicial
[8:57] conduct commissions that do online because
[9:04] that is that trending or online
[9:06] complaints though yeah Texas that was online and went back online because they
[9:12] were being over problems with compliance I would have to ask Cynthia Gray for the
[9:18] trend analysis of that, I think, like it went, nobody was online before COVID. COVID hit,
[9:29] a bunch of folks went online, and then it seems to have stayed at about 30 to 35% of
[9:35] judicial conduct conditions. My remembering right, Alex, from our last
[9:39] last conference of the 104, Texas was saying that they were overwhelmed, so they actually pulled
[9:44] to act their online access. They've closed the online access.
[9:49] But yeah, it's it's is overall
[9:52] across the nation. I think it's still, if it's gone up, it hasn't broken 40 percent yet.
[10:00] These are sort of hours. Any other questions for Alex on budget or statistical report?
[10:08] If not, I will entertain a motion to go into closed session. You should discuss the character
[10:13] their professional competence or physical or mental health of an individual are investigated
[10:17] preceding regarding allegations of promote in this conduct or independent litigation
[10:21] or records that are subject to attorney-client privilege,
[10:25] I don't think we're talking about
[10:27] any confidential security measures today.
[10:30] Well, maybe, okay, I'll just say, and or confidential security measures, do I have such
[10:36] motion.
[10:39] Great, a row call vote starting with those in the room,
[10:42] Dr. Cheris. I move.
[10:44] Hi. Hi. And Dr. Cheris.
[10:47] It was. Excuse me, Dr. Evans.
[10:51] Hi. My loan online, thank you. Okay, let's pause.
[10:57] We'll switch our recording.