State Codes and Statutes
Statutes > Utah > Title-78a > Chapter-07 > 78a-7-20278A-7-202. Justice court judges to be appointed -- Procedure -- Retention.
(1) As used in this section:
(a) "Local government executive" means:
(i) for a county:
(A) the chair of the county commission in a county operating under the countycommission or expanded county commission form of county government;
(B) the county executive in a county operating under the county executive-council formof county government; and
(C) the county manager in a county operating under the council-manager form of countygovernment; and
(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 inSubsection 10-3b-103(6).
(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) There is created in each county a county justice court nominating commission toreview applicants and make recommendations to the appointing authority for a justice courtposition. The commission shall be convened when a new justice court judge position is createdor when a vacancy in an existing court occurs for a justice court located within the county.
(a) 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;
(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 governingauthority of that municipality; or
(B) if the county has more than one municipality, appointment shall be made by amunicipal selection committee composed of the mayors of each municipality in the county;
(iii) one member appointed by the county bar association; and
(iv) two members appointed by the governing authority of the jurisdiction where thejudicial office is located.
(b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall beappointed by the regional bar association. If no regional bar association exists, the state barassociation shall make the appointment.
(c) Members appointed under Subsections (2)(a)(i) and (ii) may not be an elected officialof the county or municipality.
(d) The nominating commission shall submit at least two names to the appointingauthority of the jurisdiction expected to be served by the judge. The local government executiveshall appoint a judge from the list submitted and the appointment ratified by the local legislativebody.
(e) The state court administrator shall provide staff to the commission. The JudicialCouncil shall establish rules and procedures for the conduct of the commission.
(3) Judicial vacancies shall be advertised in a newspaper of general circulation, throughthe Utah State Bar, and other appropriate means.
(4) Selection of candidates shall be based on compliance with the requirements for officeand competence to serve as a judge.
(5) Once selected, the Judicial Council shall certify the judge as qualified to hold officeupon successful completion of the orientation program.
(6) The selection of a person to fill the office of justice court judge is effective uponcertification of the judge by the Judicial Council. A justice court judge may not perform judicialduties until certified by the Judicial Council.
(7) Upon the expiration of a justice court judge's term of office, the judge shall be subjectto an unopposed retention election in the county or counties in which the court to which the judgeis appointed is located, in accordance with the procedures set forth in Section 20A-12-201.
(8) Before each retention election, each justice court judge shall be evaluated inaccordance with the performance evaluation program established in Subsection 78A-2-104(5).
Amended by Chapter 146, 2009 General Session
