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Senate amends Judicial Conduct Commission bill to add nonvoting alternate judge; bill passes
Summary
Senators debated and narrowly approved an amendment to House Bill 40 adding a nonvoting alternate judge to the Judicial Conduct Commission; supporters said the change eases scheduling and workload, opponents said it weakens oversight. The amended bill passed and will be returned to the House.
The Utah Senate on Feb. 26 approved an amendment to House Bill 40 to add an alternate judge to the Judicial Conduct Commission who would not count toward quorum or vote, and then passed the bill as amended.
The amendment, offered by Senator Taylor, passed on a division vote after extended floor debate. "The amendment allows us to bring in the additional judge to help with the workload, the scheduling, any written findings or things that need to be done," Taylor said in explaining the proposal, adding it would "not swing" additional power to the judiciary.
Supporters argued the alternate judge would provide scheduling flexibility and practical help for the commission. Senator Mansell said he rose "in support of this amendment," noting the change would avoid overburdening the single judge who currently handles hearing duties. Senator Blackcomb said the amendment "gives greater flexibility to assure that you have two judges there all the time."
Opponents warned the amendment risks weakening civilian oversight of judges. Senator Suazo said he "once again speak[s] against the amendment," arguing the panel should not surrender influence to the judiciary. Senator Howe, who said he had served on the commission, told colleagues the change was "a mistake" and urged defeat, saying more judicial expertise — not a nonvoting alternate — was needed.
The chair counted standing senators and declared the amendment passed by division, 13 to 6. Following additional comments and a final roll-call vote, the Senate recorded 20 ayes and 5 nays with 4 absent on the bill as amended. The President directed that the bill be returned to the House for consideration of the Senate amendment.
Senators also noted a potential procedural issue: after the amendment passed, members said the amendment's wording might be irregular and discussed the possibility of recalling the bill for correction or conference if wording needed adjustment.
What happens next: HB 40 will go back to the House for action on the Senate amendment; senators indicated a conference committee is possible if the House does not concur. No immediate change to the Commission’s authority or membership was implemented until final enrollment and any corrections are completed.
