Utah Code 78A-10a-303. Membership — Vacancies

78A-10a-303. Membership — Vacancies — Removal.

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

Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Commission: means the Appellate Court Nominating Commission created under Section 78A-10a-302. See Utah Code 78A-10a-301
Commissioner: means an individual appointed by the governor to serve on the Appellate Court Nominating Commission created under Section 78A-10a-302. See Utah Code 78A-10a-301
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

(2)

A 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; or

(b)	a member of the Legislature to serve as a commissioner.

(4)	In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual’s appointment would ensure that the commission selects applicants without any regard to partisan political consideration.

(5)	The governor shall appoint the chair of the commission from among the membership of the commission.

(6)	The governor shall fill any vacancy on the commission caused by the expiration of a commissioner’s term.

(7)

(a)	If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term.

(b)	A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service.

(8)	The governor may remove a commissioner from the commission at any time with or without cause.

Enacted by Chapter 250, 2023 General Session

LawServer