78A-7-202. Justice court judges to be appointed — Procedure.
| (1) |
As used in this section:
Terms Used In Utah Code 78A-7-202- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- County executive: means :Utah Code 68-3-12.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
| (a) |
“Local government executive” means:
| (i) |
for a county:
| (A) |
the chair of the county commission in a county operating under the county commission or expanded county commission form of county government; |
| (B) |
the county executive in a county operating under the county executive-council form of county government; and |
| (C) |
the county manager in a county operating under the council-manager form of county government; |
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| (ii) |
for a city or town:
| (A) |
the mayor of the city or town; or |
| (B) |
the city manager, in the council-manager form of government described in Subsection 10-3b-103(7); and |
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| (iii) |
for a metro township, the chair of the metro township council. |
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| (b) |
“Local legislative body” means:
| (i) |
for a county, the county commission or county council; and |
| (ii) |
for a city or town, the council of the city or town. |
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| (2) |
| (a) |
There is created in each county a county justice court nominating commission to review applicants and make recommendations to the appointing authority for a justice court position. |
| (b) |
The commission shall be convened when a new justice court judge position is created or when a vacancy in an existing court occurs for a justice court located within the county. |
| (c) |
Membership of the justice court nominating commission shall be as follows:
| (i) |
one member appointed by:
| (A) |
the county commission if the county has a county commission form of government; or |
| (B) |
the county executive if the county has an executive-council form of government; |
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| (ii) |
one member appointed by the municipalities in the counties as follows:
| (A) |
if the county has only one municipality, appointment shall be made by the governing authority of that municipality; or |
| (B) |
if the county has more than one municipality, appointment shall be made by a municipal selection committee composed of the mayors of each municipality and the chairs of each metro township in the county; |
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| (iii) |
one member appointed by the county bar association; and |
| (iv) |
two members appointed by the governing authority of the jurisdiction where the judicial office is located. |
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| (d) |
| (i) |
If there is no county bar association, the member in Subsection (2)(c)(iii) shall be appointed by the regional bar association. |
| (ii) |
If no regional bar association exists, the state bar association shall make the appointment. |
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| (e) |
Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing authority or an elected official of a county or municipality. |
| (f) |
| (i) |
Except as provided in Subsection (2)(f)(ii), the nominating commission shall submit at least three names to the appointing authority of the jurisdiction expected to be served by the judge. |
| (ii) |
If there are fewer than three applicants for a justice court vacancy, the nominating commission shall submit all qualified applicants to the appointing authority of the jurisdiction expected to be served by the judge. |
| (iii) |
The local government executive shall appoint a judge from the list submitted and the appointment ratified by the local legislative body. |
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| (g) |
| (i) |
The state court administrator shall provide staff to the commission. |
| (ii) |
The Judicial Council shall establish rules and procedures for the conduct of the commission. |
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| (3) |
| (a) |
A judicial vacancy for a justice court shall be announced:
| (i) |
as an employment opportunity on the Utah Courts’ website; |
| (ii) |
in an email to the members of the Utah State Bar; and |
| (iii) |
for the justice court’s jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days. |
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| (b) |
A judicial vacancy for a justice court may also be advertised through other appropriate means. |
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| (4) |
Selection of candidates shall be based on compliance with the requirements for office and competence to serve as a judge. |
| (5) |
| (a) |
Once selected, every prospective justice court judge shall attend an orientation seminar conducted under the direction of the Judicial Council. |
| (b) |
Upon completion of the orientation seminar described in Subsection (5)(a), the Judicial Council shall certify the justice court judge as qualified to hold office. |
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| (6) |
| (a) |
The selection of a person to fill the office of justice court judge is effective upon certification of the judge by the Judicial Council. |
| (b) |
A justice court judge may not perform judicial duties until certified by the Judicial Council. |
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Amended by Chapter 139, 2023 General Session
Amended by Chapter 435, 2023 General Session
