Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Vacancy: means :
(a)
except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b)
in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
the chair of the county commission in a county having the county commission or expanded county commission form of county government; and
(B)
the county executive in a county having the county executive-council form of government; and
(ii)
for a city or town, the mayor of the city or town.
(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.
(2)
(a)
If a vacancy occurs in the office of a municipal justice court judge before the completion of the judge’s term of office, the appointing authority:
(i)
shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202; and
(ii)
may contract with a justice court judge of the county, an adjacent county, or another municipality within those counties for judicial services until the vacancy is filled.
(b)
The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a municipal justice court judge under this section within 30 days after the appointment is made.
(3)
(a)
If a vacancy occurs in the office of a county justice court judge before the completion of the judge’s term of office, the appointing authority shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202.
(b)
The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a county justice court judge under this section within 30 days after the appointment is made.
(4)
(a)
When a vacancy occurs in the office of a justice court judge, the appointing authority shall:
(i)
advertise the vacancy and solicit applications for the vacancy;
(ii)
appoint the best qualified candidate to office based solely upon fitness for office;
submit the name of the appointee to the local legislative body.
(b)
If the local legislative body does not confirm the appointment within 30 days of submission, the appointing authority may either appoint another of the applicants or reopen the vacancy by advertisement and solicitations of applications.
