Effective 7/1/2024
78A-10-103. Procedures governing meetings of judicial nominating commissions.
| (1) |
The Commission on Criminal and Juvenile Justice shall:
| (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 a judicial nominating commission meeting; |
| (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. |
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| (2) |
In determining which of the applicants are the most qualified, a judicial nominating commission 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; |
| (ii) |
the business and chancery court nominating commission shall certify to the governor a list of the seven most qualified applicants per vacancy; and |
| (iii) |
a district and juvenile court nominating commission shall certify to the governor a list of the five most qualified applicants per vacancy. |
|
| (b) |
If a judicial nominating commission is considering applicants for more than one judicial vacancy existing at the same time and for the same court, the judicial nominating commission shall include one additional applicant for each additional vacancy in the court in the list of applicants the judicial nominating commission certifies to the governor. |
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| (4) |
A judicial nominating commission 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, a judicial nominating commission may not decline to submit a candidate’s name to the governor merely because:
| (a) |
the judicial nominating commission had declined to submit that candidate’s name to the governor to fill a previous vacancy; |
| (b) |
a previous judicial nominating commission had declined to submit that candidate’s name to the governor; or |
| (c) |
that judicial nominating commission or a previous judicial nominating commission had submitted the applicant’s name to the governor and the governor selected someone else to fill the vacancy. |
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| (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. |
Amended by Chapter 394, 2023 General Session
