78A-4-102. Number of judges — Terms — Presiding judge — Associate presiding judge — Filing fees.
| (1) |
Terms Used In Utah Code 78A-4-102- En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
| (a) |
The Court of Appeals consists of seven judges. |
| (b) |
The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment. |
| (c) |
After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election. |
| (d) |
A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified. |
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| (2) |
| (a) |
The Court of Appeals shall sit and render judgment in panels of three judges. |
| (b) |
Assignment to panels shall be by random rotation of all judges of the Court of Appeals. |
| (c) |
The Court of Appeals by rule shall provide for the selection of a chair for each panel. |
| (d) |
The Court of Appeals may not sit en banc. |
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| (3) |
| (a) |
The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges. |
| (b) |
The term of office of the presiding judge is two years and until a successor is elected. |
| (c) |
A presiding judge of the Court of Appeals may serve in that office no more than two successive terms. |
| (d) |
The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge. |
| (e) |
The presiding judge of the Court of Appeals shall receive $2,000 per annum of additional compensation for the period served as presiding judge. |
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| (4) |
| (a) |
The presiding judge may be removed from the office of presiding judge by majority vote of all judges of the Court of Appeals. |
| (b) |
In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:
| (i) |
administer the rotation and scheduling of panels; |
| (ii) |
act as liaison with the Supreme Court; |
| (iii) |
call and preside over the meetings of the Court of Appeals; and |
| (iv) |
carry out duties prescribed by the Supreme Court and the Judicial Council. |
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| (5) |
| (a) |
The judges of the Court of Appeals shall elect an associate presiding judge from among the members of the court by majority vote of all judges. |
| (b) |
The associate presiding judge of the Court of Appeals shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge. |
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| (6) |
Filing fees for the Court of Appeals are the same as for the Supreme Court. |
Amended by Chapter 276, 2022 General Session
