Complaints over judges drop

One judge was kicked off the bench, two were publicly reprimanded and three had complaints against them that were dismissed but were given warnings, according to the annual report issued Friday by the Judicial Conduct Commission (JCC).

The commission is the agency that investigates complaints against judges throughout Utah. The JCC can dismiss cases or make recommendations to the Utah Supreme Court regarding reprimand, censure, suspension, removal or involuntary retirement.

The JCC logged 98 complaints about judges in fiscal year 2006, which is down from 129 the previous year that exhibited a "spike" that still cannot be explained, according to JCC executive director Colin Winchester.

The JCC typically gets about 100 complaints a year, which is not unlike other states, he said. "Overall, we have a very well informed, very ethical judiciary and very few judges get into trouble."

The agency gets some complaints that are totally frivolous, Winchester said, while others have some facts that can be borne out but not enough for any conclusions. Often, people file complaints because they don't like a judge's ruling, which is not an area the JCC handles. To get a ruling changed, it must be appealed to a higher court.

Of the 98 new complaints filed against judges this fiscal year, 89 were dismissed, three were dismissed with warnings and six are still being investigated. The complaints that produced one removal and the two reprimands were lodged the previous year.

• Removal: The Utah Supreme Court removed Walter Steed from the Hildale Justice Court because Steed, whose religious beliefs say that polygamy is essential to eternal salvation, has admitted engaging in bigamy, which is against the law. Steed is legally married to one woman and has taken part in religious ceremonies uniting him with two others.

• Reprimand: The high court rebuked Taylorsville Justice Court Judge Michael Kwan for making an inappropriate statement during a case in court, which violates the judicial canons requiring judges to be "patient, dignified and courteous."

• Reprimand: The Supreme Court reprimanded 7th District Judge Bruce Halliday for visiting a former defendant, who was on probation, outside of court. Halliday, who was not romantically linked to the woman, was trying to help her stay drug-free and law-abiding, but the high court concluded his actions created the appearance of impropriety.