2006 Utah Code - 20A-1-506 — Judicial vacancies -- Courts not of record.

     20A-1-506.   Judicial vacancies -- Courts not of record.
     (1) As used in this section:
     (a) "Appointing authority" means:
     (i) the chair of the county commission in counties having the county commission form of county government;
     (ii) the county executive in counties having the county executive-council form of government;
     (iii) the chair of the city council or town council in municipalities having:
     (A) the traditional management arrangement established by Title 10, Chapter 3, Part 1, Governing Body; and
     (B) the council-manager optional form of government defined in Section 10-3-101; and
     (iv) the mayor, in the council-mayor optional form of government defined in Section 10-3-101;
     (b) "Local legislative body" means:
     (i) the county commission or county council; and
     (ii) the city council or town council.
     (2) (a) If a vacancy occurs in the office of a municipal justice court judge before the completion of his term of office, the appointing authority may:
     (i) fill the vacancy by appointment for the unexpired term by following the procedures and requirements for appointments in Section 78-5-134; or
     (ii) contract with a justice court judge of the county, an adjacent county, or another municipality within those counties for judicial services.
     (b) When the appointing authority chooses to contract under Subsection (2)(a)(ii), it shall ensure that the contract is for the same term as the term of office of the judge whose services are replaced by the contract.
     (c) The appointing authority shall notify the Office of the State Court Administrator in writing of the appointment, resignation, or the contractual agreement for services of a judge under this section within 30 days after filling the vacancy.
     (3) (a) If a vacancy occurs in the office of a county justice court judge before the completion of that judge's term of office, the appointing authority may fill the vacancy by appointment for the unexpired term by following the procedures and requirements for appointments in Section 78-5-134.
     (b) The appointing authority shall notify the Office of the State Court Administrator in writing of any appointment of a county justice court judge under this section within 30 days after the appointment is made.
     (4) (a) When a vacancy occurs in the office of a justice court judge, the appointing authority shall:
     (i) advertise the vacancy and solicit applications for the vacancy;
     (ii) appoint the best qualified candidate to office based solely upon fitness for office;
     (iii) comply with the procedures and requirements of Title 52, Chapter 3, prohibiting employment of relatives in making appointments to fill the vacancy; and
     (iv) submit the name of the appointee to the local legislative body.
     (b) If the local legislative body does not confirm the appointment within 30 days of submission, the appointing authority may either appoint another of the applicants or reopen the vacancy by advertisement and solicitations of applications.

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Amended by Chapter 16, 2006 General Session