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Senate advances joint-rule change allowing single ethics hearing if both parties agree

Utah Senate · January 19, 2000
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Summary

SJR 2 would allow ethics complaints to proceed with a single hearing using a clear-and-convincing standard if both parties unanimously agree, replacing the current two-step (preponderance then clear-and-convincing) procedure; the Senate advanced the rule to third reading.

Senator Polton introduced SJR 2 on Jan. 18, a joint-rule amendment that would align practice with a commonly used procedure in which parties in an ethics matter may agree to a single hearing under a clear-and-convincing evidence standard rather than a two-stage process. Sponsor explained the change matches current practice and reduces duplicative hearings.

During floor discussion, senators raised concerns about whether the change would alter conflict-of-interest declarations or reduce member safeguards. Senator Blackin said he understood the change as non-substantive for conflict-of-interest declarations and characterized the written declaration process as largely a courtesy. Senator Polton and the sponsor emphasized that the waiver to permit a single hearing must be voluntarily and unanimously accepted by both parties.

Senators had no further questions after clarifications and the matter proceeded to roll-call vote. The clerk recorded 28 aye votes with 1 absent; SJR 2 was advanced to the third-reading calendar for subsequent consideration.