SALT LAKE CITY — Utah House Speaker Mike Schultz expressed "extreme disappointment" Wednesday following the release of a legislative audit critical of the Utah Judicial Conduct Commission (JCC). The audit's findings included specific concerns about how the commission handled and dismissed allegations against former Justice Diana Hagen.
The audit, the first legislative review of the JCC in over 20 years, highlighted that while the commission "generally followed its established processes" in the Hagen case and others, these processes "warrant improvement," according to auditors. This development is significant for residents across Northern Utah, as it touches upon the accountability and transparency of the state's judicial oversight body.
Justice Hagen resigned in May after the Utah House publicly released a complaint against her. This complaint, previously dismissed by the JCC, alleged an extramarital affair with an attorney involved in the state's high-profile redistricting case. Hagen denied the allegation, stating her resignation was to prevent her family from being drawn into a public investigation.
The JCC had dismissed the allegations against Hagen with a 9-0 vote following a preliminary investigation that found the complaint lacked credibility. However, top state leaders, including Speaker Schultz, Gov. Spencer Cox, Senate President Stuart Adams, and former Utah Supreme Court Justice Matthew Durrant, had called for an independent investigation into Hagen after the JCC's initial dismissal.
One key issue raised by the audit regarding the Hagen case was the recusal of JCC chair Cheylynn Hayman. Hagen had named Hayman as a friend and included her on a recusal list. While Hayman recused herself from the vote to dismiss the allegations, auditors noted she "commented on the character of the complainant before recusing from further participation." Auditors described this as unusual, stating the commissioner used the disclosure to "raise questions about the credibility of the complaint." The audit called for clearer definitions in the JCC's recusal and disqualification policies.
During the Legislative Audit Subcommittee meeting Wednesday evening, Speaker Schultz pressed JCC Executive Director Alex Peterson on these findings. Schultz voiced frustration that Hayman was not present to address the audit's conclusions. Peterson explained that commission members had not yet seen the audit, which was only made public that afternoon.
Schultz dismissed this explanation, referencing a prior joint statement from state leaders pledging to work on "potential reforms" to the JCC. He stated that state leaders were "made aware" of the Hagen allegations through a public records request, and found "the way the Hagen case was handled was very concerning to all of us." Schultz questioned why JCC staff performed only the "bare minimum" rather than a "full investigation" into the allegations.
Peterson clarified that the decision for a full investigation rests with the 11-member JCC, which, due to Hayman's recusal and one member's absence, voted 9-0 to dismiss the matter due to a lack of credibility and evidence. Schultz, however, pointed to conflicting statements from Hagen and her ex-husband, suggesting a potential for perjury, and questioned if Hayman's friendship, despite recusal, created a perception of "corruption." Peterson acknowledged that such concerns were understandable.
Schultz emphasized he was "not saying there was corruption in this case," but reiterated that "a full investigation wasn't done." He concluded that the Hagen case, alongside other audit findings, indicates a "bigger problem" within the JCC that necessitates changes to the organization.
House Minority Leader Angela Romero, D-Salt Lake City, also participated in the discussion, noting the long period since the last JCC audit. Romero suggested that the Legislature also bore some responsibility for the lack of oversight. She urged lawmakers to collaborate on addressing the issues and to maintain confidentiality in the complaint process.
House Majority Leader Casey Snider, R-Paradise, expressed frustration that Hagen was not treated fairly through the JCC's process, leading to her being "prosecuted in the court of public opinion." Snider stated this outcome not only "ruined her career" but also "tarnished the entire reputation of the judicial branch," calling for the issues to be fixed. Romero, however, countered Snider's remarks, stating that multiple parties were responsible for the public exposure of the allegations.
Peterson presented his "central message" in response to the audit, stating that the commission can improve its administration and accountability without compromising its independence, impartiality, or constitutional role. He added that greater transparency can be achieved while protecting confidentiality, which he deemed essential to the JCC's work. Peterson also mentioned that the JCC operates as one of the state's leanest organizations, and improvements, particularly in record-keeping, would entail additional costs, for which he would seek legislative funding.