Senate approves changes to judicial nominating commission procedures

The Utah State Senate passed first substitute Senate Bill 97 on Feb. 26, 1997, a measure that tightens procedural rules for the Judicial Nominating Commission and the process for sending names to the governor. Sponsor Sen. Taylor said the bill "clarifies that 4 commissioners of the 7 constitute a quorum" and sets how names are forwarded when there are more than 15 applicants.

Taylor told colleagues the bill was designed to prevent a minority on the commission from blocking nominees and to ensure a majority vote is required to forward names. "This clarifies that 4 commissioners of the 7 constitute a quorum," Taylor said during floor debate.

Opponents asked whether recent rule changes—made at the governor's request and altering how many names are forwarded from some districts—have been given time to work. Sen. Howe argued that recent 1994 reforms (which removed the chief justice as a voting member and gave the governor appointment authority for commission members) and last month’s rule adjustment meant the Legislature should study the effects before further change. "The rule change is made at the request of the governor, and he's satisfied with the current process and does not agree that the legislation is appropriate," Howe said.

After floor discussion, the Senate called the question and approved the bill by roll call. Senate leadership reported the result as 99 ayes and 9 nays. The bill will be transmitted to the House for their consideration.

The bill refers explicitly to the process described in Article VIII, Section 8 of the Utah Constitution as the sponsor framed the change as clarifying statutory rules that govern the commission.

The next procedural step is consideration by the House of Representatives; the Senate record shows the measure passed the chamber and is being transmitted for House action.