(1) There is created the Prosecutor Conduct Commission within the department. (2) The commission is composed of six members as follows: (a) an attorney appointed by the attorney general, with the advice and consent of the Senate, who has experience prosecuting criminal offenses; (b) an attorney appointed by the Statewide Association of Prosecutors and Public Attorneys, with the advice and consent of the Senate, who has experience prosecuting criminal offenses; (c) an attorney appointed by the Statewide Association of Prosecutors and Public Attorneys, with the advice and consent of the Senate, who has experience prosecuting misdemeanor criminal offenses; (d) a retired attorney whose primary caseload as an attorney was criminal defense, appointed by the commissioner with the advice and consent of the Senate; and (e) two retired district or appellate court judges, appointed by the governor with the advice and consent of the Senate. (3) (a) Except as provided in Subsection (4), a member appointed under Subsection (2) shall serve a four-year term. (b) A member may serve no more than eight years. (4) At the time of appointment, the terms of commission members shall be staggered so that approximately half of commission members' terms expire every two years. (5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the same appointing authority that appointed the member creating the vacancy. (6) (a) Three members of the commission constitutes a quorum. (b) If a quorum is present, the action of a majority of the quorum constitutes the action of the commission. (7) (a) The commission shall annually elect a chair from the commission's membership to serve a two-year term. (b) A commission member may not serve as chair of the commission for more than three consecutive terms. (8) The commission shall establish guidelines and procedures for the disqualification of any member from consideration of any matter. (9) (a) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (b) A member may not receive per diem or reimbursement for travel expenses under Subsection (9)(a) if the member is being paid by a governmental entity while performing the member's service on the commission. (10) (a) The executive director of the Commission on Criminal and Juvenile Justice shall hire a director to administer and manage the work of the commission. (b) With approval by the executive director of the Commission on Criminal and Juvenile Justice, the director may hire staff to assist the director and commission with the work of the commission. (11) The commission and the director of the commission shall coordinate with the department on budget and administrative support issues for the commission. Renumbered and Amended by Chapter 291, 2026 General Session
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