Sindar v. Honorable Lindberg

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IN THE UTAH COURT OF APPEALS ----ooOoo---Frank L. Sindar, Plaintiff and Appellant, v. Honorable Denise Lindberg, Defendant and Appellee. ) ) ) ) ) ) ) ) ) MEMORANDUM DECISION (Not For Official Publication) Case No. 20051157-CA F I L E D (April 20, 2006) 2006 UT App 162 ----Third District, Salt Lake Department, 050920754 The Honorable Sandra N. Peuler Attorneys: Frank L. Sindar, Draper, Appellant Pro Se Brent M. Johnson, Salt Lake City, for Appellee ----- Before Judges Bench, Billings, and Thorne. PER CURIAM: Frank L. Sindar appeals the trial court's dismissal of his complaint for lack of jurisdiction. This is before the court on its own motion for summary disposition based on the absence of a substantial question for review. See Utah R. App. P. 10(e). We affirm. Utah Code sections 77-6-1 through 77-6-9 set forth procedures for removing certain public officers from office for crimes or malfeasance. See Utah Code Ann. §§ 77-6-1 to -9 (2003). The process for removal applies to "[a]ll justices of the peace and all officers of any city, county or other political subdivision of this state not liable to impeachment." Id. § 776-1. In contrast, judicial officers, except justices of the peace, "shall be liable to impeachment" for crimes or malfeasance. Utah Code Ann. § 77-5-1 (2003). As a judicial officer, Judge Lindberg is subject to impeachment and is therefore expressly excluded from the scope of section 77-6-1. As a result, the trial court correctly dismissed Sindar's complaint for lack of jurisdiction. Affirmed. ______________________________ Russell W. Bench, Presiding Judge ______________________________ Judith M. Billings, Judge ______________________________ William A. Thorne Jr., Judge 20051157-CA 2

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