(1)  The governor shall fill any vacancy in the office of Appellate Court Nominating Commission.

Terms Used In Utah Code 78A-10-204

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Person: means :Utah Code 68-3-12.5
  • 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
(2)  If an appellate court nominating commissioner is disqualified or is otherwise unable to serve, the governor shall appoint a new commissioner of the same political party as the unavailable commissioner.

(3)  If a vacancy occurs among commission members who are also members of the Utah State Bar, the governor shall replace that commissioner with a person from a list of nominees submitted by the Utah State Bar as provided in Section 78A-10-202.

(4)  The governor shall ensure that each person who is appointed to fill any vacancy on the Appellate Court Nominating Commission, other than a vacancy caused by expiration of term, is a member of the same political party as the commissioner whom the person replaced.

(5)  When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term and may not be reappointed.

Enacted by Chapter 3, 2008 General Session