(1)  The Appellate Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a single four-year term.

Terms Used In Utah Code 78A-10-202

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Ex officio: Literally, by virtue of one's office.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2)  Each commissioner shall:

(a)  be a United States citizen;

(b)  be a resident of Utah; and

(c)  serve until the commissioner’s successor is appointed.

(3)  The governor may not appoint:

(a)  a commissioner to serve successive terms;

(b)  a member of the Legislature to serve as a member of the Appellate Court Nominating Commission; or

(c)  more than four commissioners from the same political party to the Appellate Court Nominating Commission.

(4) 

(a)  The Utah State Bar shall submit to the governor a list of six nominees to serve as Appellate Court Nominating Commissioners.

(b)  The governor shall appoint two commissioners from the list of nominees provided by the Utah State Bar.

(c)  The governor may reject the list submitted by the Utah State Bar and request a new list of nominees.

(5)  The governor may not appoint more than four persons who are members of the Utah State Bar to the Appellate Court Nominating Commission.

(6)  The chief justice of the Supreme Court shall appoint another member of the Judicial Council to serve as an ex officio, nonvoting member of the Appellate Court Nominating Commission.

(7)  The governor shall appoint the chair of the Appellate Court Nominating Commission from among the membership.

Amended by Chapter 134, 2010 General Session