20A-1-509.3. Procedure for making interim replacement.
(1)
Until the vacancy is filled as provided in Section 20A-1-509.1 or 20A-1-509.2 and the new county attorney or district attorney has qualified, the county legislative body may appoint an interim replacement to fill the vacant office by following the procedures and requirements of this Subsection (1).
Terms Used In Utah Code 20A-1-509.3
Contract: A legal written agreement that becomes binding when signed.
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
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
(a)
The county legislative body shall appoint a deputy county or district attorney to serve as acting county or district attorney if there are at least three deputies in the office that has the vacancy.
(b)
The county legislative body may contract with any member of the Utah State Bar in good standing to be acting county or district attorney if:
(i)
there are not at least three deputies in the office that has the vacancy; or
(ii)
there are three or more deputies in the office but none of the deputies is willing to serve.
(2)
An individual appointed as interim replacement under this section shall hold office until a successor is selected and has qualified.
