Effective 7/1/2024

78A-10a-503.  Membership — Appointment — Vacancies — Removal.

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

Terms Used In Utah Code 78A-10a-503

  • Commission: means the Business and Chancery Court Nominating Commission created in Section 78A-10a-502. See Utah Code 78A-10a-501
  • Commissioner: means an individual appointed by the governor to serve on the Business and Chancery Court Nominating Commission. See Utah Code 78A-10a-501
  • 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 member of the commission.

(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 in 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.

Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session

Technical renumber instructions from Coordination Clause.