Utah Courts
SCRP Chapter 2, Terminology. (Supreme Court Rules of Professional Practice)
SCRP Chapter 2, Terminology. (Supreme Court Rules of Professional Practice)
Terminology.
Each time any term listed below is used in a Rule in its defined sense, it is followed by an asterisk (*).
“Aggregate,”in relation to contributions for a candidate, means not only contributions in cash or in kind made directly to a candidate’s committee, but also all contributions made indirectly with the understanding that they will be used to support the retention of a candidate. See Rule 2.11.
“Appropriate authority”means the presiding judge and the authority having responsibility for initiation of disciplinary process in connection with the violation to be reported. See Rules 2.14 and 2.15.
“Contribution”means both financial and in-kind contributions, such as goods, professional or volunteer services, advertising, and other types of assistance, which, if obtained by the recipient otherwise, would require a financial expenditure. See Rules 2.11, 2.13, 3.7, 4.1, and 4.2.
“De minimis,”in the context of interests pertaining to disqualification of a judge, means an insignificant interest that could not raise a reasonable question regarding the judge’s impartiality. See Rule 2.11.
“Directly solicit”means a direct request made by a judge or a judicial candidate for financial support or in-kind services, whether made by letter, telephone, or any other means of communication. See Rule 4.2.
“Domestic partners” are persons who maintain a household and an intimate relationship, who are not legally married. See Rules 2.11, 2.13, 3.13, and 3.14.
“Economic interest” means ownership of more than a de minimis legal or equitable interest. Except for situations in which the judge participates in the management of such a legal or equitable interest, or the interest could be substantially affected by the outcome of a proceeding before a judge, it does not include:
(1) an interest in the individual holdings within a mutual or common investment fund;
(2) an interest in securities held by an educational, religious, charitable, fraternal, or civic organization in which the judge or the judge’s spouse, domestic partner, parent, or child serves as a director, an officer, an advisor, or other participant;
(3) a deposit in a financial institution or deposits or proprietary interests the judge may maintain as a member of a mutual savings association or credit union, or similar proprietary interests; or
(4) an interest in the issuer of government securities held by the judge. See Rules 1.3, 2.11, and 3.2.
“Fiduciary” includes relationships such as executor, administrator, trustee, personal representative, holder of a power of attorney, or guardian. See Rules 2.11, 3.2, and 3.8.
“Harassment”means verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation. See Rule 2.3.
“Impartial,” “impartiality,”and “impartially”mean absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as presence of an objective and open mind in considering matters that come before a judge. See Canons 1, 2, and 4, and Rules 1.2, 2.2, 2.10, 2.11, 2.13, 3.1, 3.12, 3.13, 4.1, and 4.2.
“Impending matter”is a matter that is imminent or expected to occur in the near future. See Rules 2.9, 2.10, 3.13, and 4.1.
“Impropriety”includes conduct that violates the law, court rules, or provisions of this Code, and conduct that undermines a judge’s independence, integrity, or impartiality. See Canon 1 and Rule 1.2.
“Independence”means a judge’s freedom from influences or controls other than those established by law. See Canons 1 and 4, and Rules 1.2, 3.1, 3.12, 3.13, 4.1 and 4.2.
“Integrity”means probity, fairness, honesty, uprightness, and soundness of character. See Canon 1 and Rules 1.2, 3.1, 3.12, 3.13, 4.1, and 4.2.
“Judicial candidate”means any person, including a sitting judge, who is seeking selection for or retention in judicial office by election or appointment. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the election or appointment authority, authorizes or, where permitted, engages in solicitation or acceptance of contributions or support, or is nominated for election or appointment to office. See Rules 2.11 and 4.1.
“Knowingly,” “knowledge,” “known,”and “knows”mean actual knowledge of the fact in question. A person’s knowledge may be inferred from circumstances. See Rules 2.11, 2.13, 2.15, 2.16, 3.6, and 4.1.
“Law”encompasses, but is not necessarily limited to, court rules, statutes, ordinances, constitutional provisions, and case law. See Rules 1.1, 2.1, 2.2, 2.6, 2.9, 3.1, 3.2, 3.4, 3.7, 3.9, 3.12, 3.13, 3.14, 4.2, and 4.3.
“Member of the judge’s family” means a spouse, domestic partner, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. See Rules 3.7, 3.8, 3.10, and 3.11.
“Member of a judge’s family residing in the judge’s household”means any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge’s family who resides in the judge’s household. See Rules 2.11 and 3.13.
“Nonpublic information”means information that is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute, rule, or court order or communicated in camera, and information offered in grand jury proceedings, presentencing reports, dependency cases, or psychiatric reports. See Rule 3.5.
“Pending matter”is a matter that has commenced. A matter continues to be pending through any appellate process until final disposition. See Rules 2.9, 2.10, 3.13, and 4.1.
“Political organization” means a political party or other group sponsored by or affiliated with a political party or candidate, the principal purpose of which is to further the election or appointment of candidates for political office. For purposes of this Code, the term does not include a judicial candidate’s campaign committee created as authorized by Rule 4.2. See Rule 4.1.
“Third degree of relationship”includes the following persons: great-grandparent, grandparent, parent, uncle, aunt, brother, sister, child, grandchild, great-grandchild, nephew, and niece. See Rule 2.11.
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