20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15 attorneys.
(1)
When a vacancy occurs in the office of county or district attorney, including a vacancy created by the failure of a person to file as a candidate for the office of county or district attorney in an election, in a county or district having fewer than 15 attorneys who are licensed, active members in good standing with the Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
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
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 county clerk shall send a letter to each attorney residing in the county or district who is a licensed, active member in good standing with the Utah State Bar and a registered voter that:
(a)
informs the attorney of the vacancy;
(b)
invites the attorney to apply for the vacancy; and
(c)
informs the attorney that if the attorney has not responded before 5 p.m. within 10 calendar days after the day on which the county clerk sends the letter, the attorney’s candidacy to fill the vacancy will not be considered.
(3)
(a)
(i)
If, before the deadline described in Subsection (2)(c), more than three attorneys who are licensed, active members in good standing with the Utah State Bar and registered voters in the county or district have applied for the vacancy, the county clerk shall, except as provided in Subsection (3)(a)(ii), submit the applications to the county central committee of the same political party of the prior officeholder.
(ii)
In multicounty prosecution districts, the clerk shall submit the applications to the county central committee of each county within the prosecution district.
(b)
The central committee shall nominate three of the applicants and forward the applicants’ names to the county legislative body before 5 p.m. within 20 days after the day on which the county clerk submits the applicants’ names under Subsection (3)(a).
(c)
The county legislative body shall appoint one of the nominees to fill the vacant position.
(d)
If the central committee of the political party fails to submit at least three names to the county legislative body before the deadline described in Subsection (3)(b), the county legislative body shall appoint one of the applicants to fill the vacant position.
(e)
If the county legislative body fails to appoint a person to fill the vacancy within 120 days after the day on which the vacancy occurs, the county clerk shall mail to the governor:
(i)
a letter informing the governor that the county legislative body has failed to appoint a person to fill the vacancy; and
(ii)
(A)
the list of nominees, if any, submitted by the central committee of the political party; or
(B)
if the party central committee has not submitted a list of at least three nominees within the required time, the names of the persons who submitted applications for the vacant position to the county clerk.
(f)
The governor shall appoint, within 30 days after the day on which the governor receives the letter, a person from the list to fill the vacancy.
(4)
(a)
If, before the deadline described in Subsection (2)(c), three or fewer attorneys who are licensed, active members in good standing with the Utah State Bar and registered voters in the county or district have applied for the vacancy, the county legislative body may:
(i)
appoint one of them to be county or district attorney; or
(ii)
solicit additional applicants and appoint a county or district attorney as provided in Subsection (4)(b).
(b)
(i)
If three or fewer attorneys who are licensed members in good standing of the Utah State Bar and registered voters in the county or district submit applications, the county legislative body may publicly solicit and accept additional applications for the position from licensed, active members in good standing of the Utah State Bar who are not residents of the county or prosecution district.
(ii)
The county legislative body shall consider the applications submitted by the attorneys who are residents of and registered voters in the county or prosecution district and the applications submitted by the attorneys who are not residents of the county or prosecution district and shall appoint one of the applicants to be county attorney or district attorney.
(c)
If the legislative body fails to appoint a person to fill the vacancy within 120 days after the day on which the vacancy occurs, the county clerk shall:
(i)
notify the governor that the legislative body has failed to fill the vacancy within the required time period; and
(ii)
provide the governor with a list of all the applicants.
(d)
The governor shall appoint a person to fill the vacancy within 30 days after the day on which the governor receives the notification.
(5)
The person appointed to fill the vacancy shall serve for the unexpired term of the person who created the vacancy.
