Superseded 7/1/2024)

78A-10-304.  Vacancies.

(1)  The governor shall fill any vacancy on the Trial Court Nominating Commission.

Terms Used In Utah Code 78A-10-304

  • 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
  • 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
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)  If a commissioner is disqualified or 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-10-302.

(4)  The governor shall ensure that each person who is appointed to fill any vacancy in the office of commissioner, 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 of the commissioner being replaced and may not be reappointed.

Enacted by Chapter 3, 2008 General Session