2006 Utah Code - 20A-12-104 — Procedures governing meetings of judicial nominating commissions.

     20A-12-104.   Procedures governing meetings of judicial nominating commissions.
     (1) The Judicial Council shall:
     (a) enact rules establishing procedures governing the meetings of the judicial nominating commissions; and
     (b) ensure that those procedures include:
     (i) a minimum recruitment period of 30 days and a procedure to extend that period for an additional 30 days if fewer than nine applications are received for a judicial vacancy;
     (ii) standards for maintaining the confidentiality of the applications and related documents;
     (iii) standards governing the release of applicant names before nomination;
     (iv) standards for destroying the records of the names of applicants, applications, and related documents upon completion of the nominating process;
     (v) an opportunity for public comment concerning the nominating process, qualifications for judicial office, and individual applicants;
     (vi) evaluation criteria for the selection of judicial nominees;
     (vii) procedures for taking summary minutes at nominating commission meetings;
     (viii) procedures for simultaneously forwarding the names of nominees to the governor, the president of the Senate, and the Office of Legislative Research and General Counsel; and
     (ix) standards governing a nominating commissioner's disqualification and inability to serve.
     (2) (a) (i) Except as provided in this Subsection (2)(a)(ii), if a judicial nominating commission receives 15 or more applications to fill a judicial vacancy, the nominating commission shall submit at least five names to the governor.
     (ii) Notwithstanding Subsection (2)(a)(i), if five applicants do not receive the required number of votes as specified in Subsection (2)(c) from the nominating commission, the commission shall submit only the names of applicants that received the required number of votes, but must submit the names of at least three applicants.
     (b) In determining whether or not to submit an applicant's name to the governor, a commission may not decline to consider an applicant merely because:
     (i) the nominating commission had declined to submit that candidate's name to the governor to fill a previous vacancy;
     (ii) a previous nominating commission had declined to submit that candidate's name to the governor; or
     (iii) that nominating commission or a previous nominating commission had submitted the applicant's name to the governor and the governor selected someone else to fill the vacancy.
     (c) The vote required to submit an applicant's name to the governor is as follows:
     (i) if all seven members of the nominating commission are present and considering applicants, a vote in favor of the applicant by four commissioners submits the candidate's name to the governor;
     (ii) if only six members of the nominating commission are present and considering applicants because one member is unable to attend, has recused himself or is otherwise disqualified, a vote in favor of the applicant by four commissioners submits the candidate's name to the governor;
     (iii) if only five members of the nominating commission are present and considering applicants because two members are unable to attend, have recused themselves, or are otherwise

disqualified, a vote in favor of the applicant by three commissioners submits the candidate's name to the governor; and
     (iv) if only four members of the nominating commission are present and considering applicants because three members are unable to attend, have recused themselves, or are otherwise disqualified, a vote in favor of the applicant by three commissioners submits the candidate's name to the governor.
     (3) A judicial nominating commission may not nominate a justice or judge who was not retained by the voters for the office for which the justice or judge was defeated until after the expiration of that term of office.
     (4) Judicial nominating commissions are exempt from the requirements of Title 52, Chapter 4, Open and Public Meetings Act, and Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

Amended by Chapter 14, 2006 General Session