House adopts amended Judicial Conduct Commission bill after floor fight over judges’ voting role

The Utah House passed House Bill 40 on final reading after a floor amendment that restricts voting when two judges are present. The bill, described by proponents as a measure to ease workload on the single judge serving on the Judicial Conduct Commission, was amended on a recorded division vote before final passage.

Supporters, including Representative Cox, said adding another judge to the commission was necessary because one judge currently shoulders a heavy voluntary workload and the commission’s caseload requires additional judicial involvement. "We need to have this additional help because there's only one judge that serves on that commission at this time, and that places a great deal of pressure on that individual judge," the sponsor said during explanation.

Opponents of the unamended bill warned that increasing judicial membership could allow judges to dominate deliberations. A floor amendment — proposed to require judges to coordinate attendance so only one judge could vote if both attend — was presented as a way to preserve the current balance between legal professionals and legislative or citizen members on the commission. During debate opponents cited the commission’s own support for the original, unamended bill and noted national practice: the sponsor noted that most other states have two or more judges on similar commissions and that the American Bar Association favored additional judicial representation.

The House recorded a division vote on the amendment (pink sheet dated 01/30/1998); the motion to amend passed, 40 yes to 30 no. After closing debate the House then approved House Bill 40, as amended, on final passage with the clerk reporting 72 yes votes and 0 no votes, forwarding the bill to the Senate.

The bill’s amendment narrows the change to the commission’s structure by permitting a second judge to serve while restricting dual-judge voting when both are present. Supporters argued this preserves voluntary judicial participation without allowing the judiciary to outvote nonjudicial members; opponents argued the compromise weakened the commission’s intended change. The House action leaves the amended measure to be considered by the Senate.

Next steps: HB 40 will be transmitted to the Senate for consideration.