78A-11-112 - Confidentiality. - Utah Statutes

78A-11-112. Confidentiality.
(1) The transmission, production, or disclosure of any complaints, papers, or testimony inthe course of proceedings before the commission, the masters appointed under Section78A-11-110, or the Supreme Court may not be introduced in any civil action.
(2) The transmission, production, or disclosure of any complaints, papers, or testimony inthe course of proceedings before the commission or the masters appointed under Section78A-11-110 may be introduced in any criminal action, consistent with the Utah Rules ofEvidence. This information shall be shared with the prosecutor conducting a criminalinvestigation or prosecution of a judge as provided in Section 78A-11-106.
(3) Complaints, papers, testimony, or the record of the commission's confidential hearingmay not be disclosed by the commission, masters, or any court until the Supreme Court hasentered its final order in accordance with this section, except:
(a) upon order of the Supreme Court;
(b) upon the request of the judge who is the subject of the complaint;
(c) as provided in Subsection (4);
(d) to aid in a criminal investigation or prosecution as provided in Section 78A-11-106;or
(e) this information is subject to audit by the Office of Legislative Auditor General, andany records released to the Office of Legislative Auditor General shall be maintained asconfidential, except:
(i) for information that has already been made public; and
(ii) the final written and oral audit report of the Legislative Auditor General may presentinformation about the commission as long as it contains no specific information that would easilyidentify a judge, witness, or complainant.
(4) If the Senate Judicial Confirmation Committee requests Judicial ConductCommission records, the commission shall disclose the information to the Senate JudicialConfirmation Committee or its staff if the chair of the Senate Judicial Confirmation Committeecertifies in writing that the committee will limit the disclosure of any information received to theminimum amount necessary to allow the Senate to evaluate the candidate's fitness for office.
(5) Upon the dismissal of a complaint or allegation against a judge, the dismissal shall bedisclosed without consent of the judge to the person who filed the complaint.

Amended by Chapter 114, 2009 General Session