Utah House speaker ‘extremely disappointed’ in how JCC handled Hagen investigation

In reaction to an audit released Wednesday that was critical of Utah’s Judicial Conduct Commission, Utah House Speaker Mike Schultz said he was “extremely disappointed” with its findings, including how the commission handled and dismissed allegations against former Justice Diana Hagen. 

Hagen resigned in May after the Utah House, in response to a public records request from local news outlet KSL, released a complaint that was previously dismissed by the JCC. That complaint alleged Hagen had an extramarital affair with an attorney involved in the state’s high-profile redistricting case. 

Unsatisfied by the JCC’s 9-0 vote to dismiss the allegations after a preliminary investigation determined the complaint against her lacked credibility, top state leaders — including Schultz — called for an independent investigation into her. Hagen denied the allegation, but resigned, saying she wanted to avoid dragging her family into a public investigation. 

The legislative audit released Wednesday shows the JCC — which is tasked with investigating conduct complaints against judges across the state — “generally followed its established processes” in the Hagen case. 

“However, even though the commission generally followed its processes, the processes in this and the other cases we reviewed warrant improvement,” auditors wrote in their report. 

As an example, they pointed to the recusal of the JCC’s chair, Cheylynn Hayman — whom Hagen has named as a friend and included on her recusal list — from the JCC’s vote to dismiss the allegations against Hagen. 

While recusing herself from the vote, Hayman “commented on the character of the complainant before recusing from further participation,” auditors wrote. 

“Disclosing personal relationships with individuals involved in the matter is common and expected,” the audit report says. “However, this example was unusual because the commissioner used the disclosure to also raise questions about the credibility of the complaint.” 

Auditors called for the JCC to more clearly define its recusal and disqualification policies to “help ensure disclosures serve their intended purpose and promote confidence in commission proceedings.” 

Schultz, in the Legislative Audit Subcommittee’s meeting Wednesday evening, dug into that issue while grilling the JCC’s Executive Director Alex Peterson and expressing frustration that Hayman didn’t attend the meeting to answer to the audit’s findings. 

Peterson, however, noted that none of the commission members had seen the audit yet since it hadn’t been made public until 3 p.m. Wednesday afternoon, at the start of the committee hearing, “and so none of the commission has decided on anything” related to it. 

Schultz said he didn’t “buy that excuse,” while pointing to a joint statement that he and other state leaders including Gov. Spencer Cox, Senate President Stuart Adams, and former Utah Supreme Court Justice Matthew Durrant (before he retired) all issued in the wake of Hagen’s resignation, committing to “working together on potential reforms” to the JCC. 

Schultz said state leaders were “made aware” of the Hagen allegations through a public records request, and “the way the Hagen case was handled was very concerning to all of us.” He also asked Peterson why his staff only did the “bare minimum” rather than a “full investigation” into the allegations. 

Peterson said that decision was up to a vote by the 11-member JCC, which due to Hayman’s recusal and the absence of one member, voted 9-0 to dismiss it due to lack of credibility and evidence. 

“So nine people looked at that investigation and decided that there wasn’t some evidence to move it to a full investigation,” Peterson said. 

Schultz didn’t agree with that decision, saying Hagen and her ex-husband made conflicting statements, “meaning someone could have perjured themselves.” And he questioned whether Hayman’s friendship with Hagen, even though she recused herself from the vote, creates the perception of “corruption.”

“Can you see why people would have concerns with this, when you have those types of relationships with the chair and then none of this was investigated?” Schultz said. “I mean, some people even say it’s flat out corruption.” 

“Yes sir. Yeah, I can understand why there are those concerns,” Peterson said. 

Schultz said he’s “not saying there was corruption in this case,” but “the point is … a full investigation wasn’t done.” 

He said along with the audit’s other findings, the Hagen case showcases a “bigger problem” with the JCC that warrants changes to the organization. 

The audit marked the first time in more than 20 years that legislative auditors looked into the JCC — something House Minority Leader Angela Romero, D-Salt Lake City, noted while pushing back against Schultz. 

“I feel like we’re all to blame,” Romero said. “Even the Legislature. … Where were we? Were we asleep at the wheel for the last 20 years? Where’s the balance?”

Romero pointed out that Peterson acknowledged JCC needed to improve and agreed with the audit’s recommendations, so she called on legislators to focus on working together to fix the issues. 

House Majority Leader Casey Snider, R-Paradise, also grilled Peterson while expressing frustration that because of the JCC’s “significant failings,” Hagen wasn’t treated fairly. 

“Rather (than) have a fair and transparent process through your process, she was prosecuted in the court of public opinion, and not entitled to her fair day in your process,” Snider said. “And that had significant ramifications. And I think that that has not only ruined her career, which is unfortunate, but it’s tarnished the entire reputation of the judicial branch. So however we move forward with this and whoever is assigned blame in the end, we must fix this.” 

Romero also pushed back against Snider’s comments, saying the JCC isn’t the only entity to blame. 

“Who was the one that put her before the public to publicly execute her? Lots of people,” Romero said. “We can’t just put it on one particular agency.” 

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She called on lawmakers to address the issues identified in the audit while also “maintaining that confidentiality” that is supposed to protect complaints to the JCC before they’re vetted. 

Peterson said his “central message” in response to the audit was “simple:”

“We can improve the commission’s administration and accountability without compromising independence, impartiality or its constitutional role,” he said. “And we can provide greater transparency while protecting confidentiality. That’s essential to the commission’s work. Ultimately, our responsibility to the citizens of Utah is to ensure allegations of judicial misconduct are resolved by independent, impartial, fair and effective processes while responsibly using taxpayer resources.” 

He also said the JCC is “one of the leanest operations” in the state, while noting that improvements — especially when it comes to better record keeping and data — will come with a cost.

“I will take all this on, and I will do it, and when the expenses come, I’ve got four legislative (commission) members that I will hand a bill to, to bring to you all,” Peterson said.

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