78A-7-201. Justice court judge eligibility — Mandatory retirement.
| (1) |
A justice court judge shall be:
Terms Used In Utah Code 78A-7-201- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
a citizen of the United States; |
| (b) |
25 years old or older; |
| (c) |
a resident of Utah for at least three years immediately preceding the judge’s appointment; |
| (d) |
upon appointment or within a reasonable time after appointment, a resident of the county, an adjacent county, or the judicial district in which the justice court is located; and |
| (e) |
a qualified voter of the county in which the judge resides. |
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| (2) |
| (a) |
On and after May 3, 2023, a justice court judge shall have a degree from a law school that makes one eligible to apply for admission to a bar in any state. |
| (b) |
A justice court judge holding office on May 3, 2023, who does not meet the qualification described in Subsection (2)(a) may continue in office until the judge resigns, retires, is not retained in a retention election, or is removed from office. |
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| (3) |
Notwithstanding Subsection (2), a justice court judge is not required to be admitted to practice law in the state as a qualification to hold office. |
| (4) |
A justice court judge shall be a person who has demonstrated maturity of judgment, integrity, and the ability to understand and apply appropriate law with impartiality. |
| (5) |
A justice court judge shall retire upon attaining the age of 75 years. |
| (6) |
If there are not at least two applicants for a justice court judge position who meet the requirement of Subsection (2)(a), the justice court nominating commission may:
| (a) |
re-advertise the position; and |
| (b) |
accept applications from individuals who do not meet the requirement of Subsection (2)(a). |
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Amended by Chapter 475, 2023 General Session
