2006 Utah Code - 78-5-134 — Justice court judges to be appointed -- Procedure -- Report to Judicial Council -- Retention election -- Vacancy.

     78-5-134.   Justice court judges to be appointed -- Procedure -- Report to Judicial Council -- Retention election -- Vacancy.
     (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 the traditional management arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
     (iv) the city manager, in the council-manager optional form of government defined in Section 10-3-101; and
     (v) 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) Justice court judges shall be appointed by the appointing authority and confirmed by a majority vote of the local legislative body.
     (3) (a) After a newly appointed justice court judge has been confirmed, the local legislative body shall report the confirmed judge's name to the Judicial Council.
     (b) The Judicial Council shall certify the judge as qualified to hold office upon successful completion of the orientation program and upon the written opinion of the county or municipal attorney that the judge meets the statutory qualifications for office.
     (c) A justice court judge may not perform judicial duties until certified by the Judicial Council.
     (4) Upon the expiration of a county justice court judge's term of office the judge shall be subject to an unopposed retention election in accordance with the procedures set forth in Section 20A-12-201.
     (5) Upon the expiration of a municipal justice court judge's term of office a municipal justice court judge shall be reappointed absent a showing of good cause by the appointing authority.
     (a) If an appointing authority asserts good cause to not reappoint a municipal justice court judge, at the request of the judge, the good cause shall be presented at a formal hearing of the local legislative body.
     (b) The local legislative body shall determine by majority vote whether good cause exists not to reappoint the municipal justice court judge.
     (c) The decision of the local legislative body is not subject to appeal.
     (d) In determining whether good cause exists to not reappoint a municipal justice court judge, the appointing authority and local legislative body shall consider:
     (i) whether or not the judge has been certified as meeting the evaluation criteria for judicial performance established by the Judicial Council; and
     (ii) any other factors considered relevant by the appointing authority.
     (6) Before reappointment or retention election, each justice court judge shall be evaluated in accordance with the performance evaluation program established in Subsection

78-3-21(4).
     (7) (a) At the conclusion of a term of office or when a vacancy occurs in the position of justice court judge, the appointing authority may contract with a justice court judge in the county or an adjacent county to serve as justice court judge.
     (b) The contract shall be for the duration of the justice court judge's term of office.
     (8) Vacancies in the office of justice court judge shall be filled as provided in Section 20A-1-506.

Amended by Chapter 16, 2006 General Session