Superseded 7/1/2024)

78A-10-302.  Membership.

(1)  The Trial 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-10-302

  • Commission: means a district and juvenile court nominating commission created in Subsection (2). See Utah Code 78A-10-301 v2
  • Commissioner: means a member of a district and juvenile court nominating commission created in Subsection (2). See Utah Code 78A-10-301 v2
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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;

(c)  be a resident of the geographic division to be served by the commission to which the commissioner is appointed; and

(d)  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 a Trial Court Nominating Commission; or

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

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

(5)  The Utah State Bar shall submit:

(a)  six nominees from Districts 2, 3, and 4; and

(b)  four nominees from Districts 1, 5, 6, 7, and 8.

(6)  The governor may reject any list and request a new list of nominees.

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

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

(9)  The governor shall appoint the chair of each Trial Court Nominating Commission from among its membership.

Amended by Chapter 134, 2010 General Session