Superseded 7/1/2024)

Superseded 7/1/2024
78A-10-103.  Procedures governing meetings of judicial nominating commissions.

(1)  The Commission on Criminal and Juvenile Justice shall:

Terms Used In Utah Code 78A-10-103

(a)  in consultation with the Judicial Council, enact rules establishing procedures governing the meetings of the judicial nominating commissions in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and

(b)  ensure that those procedures include:

(i)  a minimum recruitment period of at least 30 days but not more than 90 days, unless fewer than nine applications are received for a judicial vacancy, in which case the recruitment period may be extended up to 30 days;

(ii)  standards for maintaining the confidentiality of the applications and related documents;

(iii)  standards governing the release of applicant names before nomination;

(iv)  standards for destroying the records of the names of applicants, applications, and related documents upon completion of the nominating process;

(v)  an opportunity for public comment concerning the nominating process, qualifications for judicial office, and individual applicants;

(vi)  evaluation criteria for the selection of judicial nominees;

(vii)  procedures for taking summary minutes at nominating commission meetings;

(viii)  procedures for simultaneously forwarding the names of nominees to the governor, the president of the Senate, and the Office of Legislative Research and General Counsel;

(ix)  standards governing a nominating commissioner‘s disqualification and inability to serve; and

(x)  procedures that require the Administrative Office of the Courts to immediately inform the governor when a judge is removed, resigns, or retires.

(2)  In determining which of the applicants are the most qualified, the nominating commissions shall determine by a majority vote of the commissioners present which of the applicants best possess the ability, temperament, training, and experience that qualifies them for the office.

(3) 

(a)  Except as provided under Subsection (3)(b):

(i)  the appellate court nominating commission shall certify to the governor a list of the seven most qualified applicants per vacancy; and

(ii)  trial court nominating commissions shall certify to the governor a list of the five most qualified applicants per vacancy.

(b)  If a nominating commission is considering applicants for more than one judicial vacancy existing at the same time and for the same court, the nominating commission shall include one additional applicant for each additional vacancy in the court in the list of applicants the commission certifies to the governor.

(4)  Nominating commissions shall ensure that the list of applicants submitted to the governor:

(a)  meet the qualifications required by law to fill the office; and

(b)  are willing to serve.

(5)  In determining which of the applicants are the most qualified, nominating commissions may not decline to submit a candidate’s name to the governor merely because:

(a)  the nominating commission had declined to submit that candidate’s name to the governor to fill a previous vacancy;

(b)  a previous nominating commission had declined to submit that candidate’s name to the governor; or

(c)  that nominating commission or a previous nominating commission had submitted the applicant’s name to the governor and the governor selected someone else to fill the vacancy.

(6)  A judicial nominating commission may not nominate a justice or judge who was not retained by the voters for the office for which the justice or judge was defeated until after the expiration of that term of office.

(7)  Judicial nominating commissions are exempt from the requirements of Title 52, Chapter 4, Open and Public Meetings Act.

Amended by Chapter 7, 2016 Special Session 3

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