2006 Utah Code - 20A-12-201 — Judicial appointees -- Retention elections.

     20A-12-201.   Judicial appointees -- Retention elections.
     (1) (a) Each appointee to a court of record is subject to an unopposed retention election at the first general election held more than three years after the judge or justice was appointed.
     (b) After the first retention election:
     (i) each Supreme Court justice shall be on the regular general election ballot for an unopposed retention election every tenth year; and
     (ii) each judge of other courts of record shall be on the regular general election ballot for an unopposed retention election every sixth year.
     (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the year the justice or judge is subject to a retention election:
     (i) file a declaration of candidacy as if a candidate for multi-county office in accordance with Section 20A-9-202; and
     (ii) pay a filing fee of $50.
     (b) Each county justice judge who wishes to retain office shall, in the year the justice or judge is subject to a retention election:
     (i) file a declaration of candidacy as if a candidate for county office in accordance with Section 20A-9-202; and
     (ii) pay a filing fee of $25.
     (3) (a) The lieutenant governor shall, by September 1 of each regular general election year:
     (i) transmit a certified list containing the names of the justices of the Supreme Court and judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
     (ii) transmit a certified list containing the names of judges of other courts declaring their candidacy to the county clerk of each county in the geographic division in which the judge filing the declaration holds office.
     (b) Each county clerk shall place the names of justices and judges standing for retention election in the nonpartisan section of the ballot.
     (4) At the general election, the ballots shall contain, as to each justice or judge of any court to be voted on in the county, the following question:
     "Shall ______________________________(name of justice or judge) be retained in the office of ___________________________?" (name of office, such as "Justice of the Supreme Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the Third Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "County Justice Court Judge of (name of county) County")
     Yes ()
     No ()."
     (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge is retained for the term of office provided by law.
     (b) If the justice or judge does not receive more yes votes than no votes, the justice or judge is not retained, and a vacancy exists in the office on the first Monday in January after the regular general election.
     (6) A justice or judge not retained is ineligible for appointment to the office for which the justice or judge was defeated until after the expiration of that term of office.

Amended by Chapter 308, 2001 General Session