Utah House Speaker Mike Schultz expressed he was extremely disappointed with an audit released Wednesday that criticized the Judicial Conduct Commission regarding its handling and dismissal of allegations against former Justice Diana Hagen. The audit, the first in over 20 years for the commission, suggested that existing processes warrant improvement to ensure transparency and confidence in proceedings.
During a Legislative Audit Subcommittee meeting Wednesday evening, Schultz questioned JCC Executive Director Alex Peterson regarding why staff performed only the bare minimum rather than a full investigation into the allegations. The allegations involved an alleged extramarital affair with an attorney involved in a high-profile redistricting case. While the JCC's 11-member body voted 9-0 to dismiss the complaint due to a lack of credibility and evidence, Schultz noted that conflicting statements between Hagen and her ex-husband could indicate perjury.
The audit highlighted an unusual instance involving JCC chair Cheylynn Hayman, who recused herself from the vote due to a personal friendship with Hagen. Auditors noted that while Hayman recused herself, she commented on the character of the complainant before doing so, an action the report described as unusual. Auditors called for the JCC to more clearly define its recusal and disqualification policies to help promote confidence in commission proceedings.
Hagen resigned in May after a public records request from KSL released a previously dismissed complaint. House Majority Leader Casey Snider stated that Hagen was not treated fairly by the process and was instead prosecuted in the court of public opinion, which he said tarnished the reputation of the judicial branch. House Minority Leader Angela Romero responded by noting that many entities, including the Legislature, bear responsibility for the commission's oversight over the last 20 years.
Peterson stated that the commission aims to improve administration and accountability without compromising its independence or constitutional role. He noted that while improvements in record keeping and data will come with a cost, the commission remains one of the leanest operations in the state.
