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House adopts rule allowing single‑phase ethics hearings using a lower evidence standard
Summary
The Utah House passed a joint rules amendment (SJR 2) permitting a person charged with ethics violations to waive a two‑phase process and have a single hearing, with the House adopting an amendment to set the standard at a preponderance of the evidence rather than clear and convincing.
The Utah House on the floor this morning adopted Senate Joint Resolution 2, a rules change that allows a person charged with legislative ethics violations to waive the usual two‑phase hearing and proceed in a single phase to resolution by the ethics committee and the full House.
Representative Cohen, who introduced the measure, said the resolution formalizes an option the ethics committee previously operated under and described the two phases: a preliminary closed hearing followed, if warranted, by a disciplinary hearing requiring a higher evidentiary showing. "When someone is brought up on ethics charges, there are 2 phases to the hearing," Cohen said in explanation.
The debate centered on what burden of proof should apply if a single phase is used. Representative Carlson moved to remove the language "by clear and convincing evidence" and replace it with "a preponderance of the evidence." "I would like to strike that language by clear and convincing evidence and replace it with a preponderance of the evidence," Carlson told colleagues. Carlson and others argued that a preliminary, closed hearing affords limited access to evidence and that requiring a higher standard in that context could chill enforcement.
Representative Cohen and supporters of the higher standard countered that if a single phase could result in severe penalties — up to expulsion — the House should require a stronger showing before acting. "If that committee is recommending expulsion, this body needs to know that it's based on more than just a real strong maybe," Cohen said, urging caution.
The House adopted Carlson's amendment and then approved SJR 2 as amended by a recorded vote of 69‑0. Because the House's version includes the amendment, the measure will be transmitted to the Senate for further action.
The House record shows no further procedural steps scheduled on SJR 2 in this session day; sponsors said they would be available to answer questions as the resolution proceeds to the Senate.
