Lawmakers blast Judicial Conduct Commission chair for ducking hearing

SALT LAKE CITY – Republican lawmakers grilled the director of the state's Judicial Conduct Commission over how it handled a complaint against a Supreme Court Justice.

Members of the Legislative Audit Subcommittee also criticized the absence of the commission's chairwoman, who they said should have shown up to answer questions at a hearing Wednesday.

Instead, Alex Peterson, the commission's executive director, appeared before lawmakers to respond to a new legislative audit that raised several concerns about the commission, which is tasked with investigating potential misconduct by judges.

Peterson faced a chilly reception from top House GOP lawmakers, who said the commission should have fully investigated allegations that former Utah Supreme Court Justice Diana Hagen had an improper relationship with an attorney arguing cases before the court.

KSL first reported on those allegations – and plans by Republican leaders to launch their own investigation of Hagen. Hagen resigned in May before that could happen.

"We have failed Utahns," House Majority Leader Casey Snider, R-Paradise, said of the commission's decision not to investigate the allegations beyond a preliminary review.

Sharp questioning

House Speaker Mike Schultz, R-Hooper, told Peterson the commission should have fully looked into the allegations against Hagen – especially since the commission's chair, Cheylynn Hayman, is a close friend of the now former justice.

Related:

Audit sheds light on handling of complaint against Utah Supreme Court justice

"Organizational weaknesses" could hurt transparency and consistency, auditors wrote.

"Can you see why people would have concerns?" Schultz asked Peterson, noting the close relationship between Hayman, Hagen and the attorney in question. "I mean, some people even say it's flat-out corruption."

"Yes, sir," Peterson responded. "Yeah, I can understand why there are those concerns."

Hayman recused herself from the Judicial Conduct Commission's decision not to pursue a full investigation, but only after commenting on the character of Hagen's ex-husband, from whom the allegations originated. A legislative audit, released Wednesday, called Hayman's move "unusual" and said it "illustrates the risks to impartiality."

"However we move forward with this, and whoever is assigned blame in the end, we must fix this," Snider said

.

He also blasted Hayman for not showing up at the Capitol herself for Wednesday's hearing.

"Where is the chair today of JCC?" Snider asked. "Where is she?"

"I don't have an answer for that," Peterson said.

"I'm extremely disappointed," Schultz added, "and I think it shows a lack of leadership not to see a response and have the chair here."

That sentiment was bipartisan. House Minority Leader Angela Romero, D-Salt Lake City, called it "unfortunate" that Hayman wasn't there.

Hayman did not respond to a request for comment from KSL Wednesday evening about the lawmakers' comments.

'Hostile witness'

Despite criticizing Hayman's absence, Romero disagreed with the sharp line of questioning from her Republican colleagues toward Peterson.

"I feel like he's being a hostile witness, which he's not. This conversation's made me uncomfortable, personally, because we're supposed to be moving forward," Romero said. "The audit's pointed out the things that we need to do, and I feel like we're putting this individual on trial."

The legislative audit found the commission largely followed its established guidelines in handling the Hagen complaint, but that there is also room for improvement. That includes clarifying how commission members should recuse themselves – and providing better documentation and explanations about why certain investigations don't move forward.

Overall, the audit praised the commission's work but noted ongoing problems with transparency, documenting decisions, accountability and other issues that were first identified in an audit more than 20 years ago. The auditors made several additional recommendations for improving the commission, which Peterson told lawmakers he agrees with.

But he also said the Hagen complaint becoming public was problematic.

"The complainant in that case was identified," Peterson said, "and that had a chilling effect."

Lawmakers will consider the audit's findings ahead of the next legislative session, which begins in January. One GOP state senator has already said he's working on potential reforms to the Judicial Conduct Commission.

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