2006 Utah Code - 78-5-137 — Justice court judge eligibility -- Mandatory retirement -- Service after retirement.

     78-5-137.   Justice court judge eligibility -- Mandatory retirement -- Service after retirement.
     (1) A county justice court judge shall be:
     (a) a citizen of the United States;
     (b) 25 years of age or older;
     (c) a resident of Utah for at least three years immediately preceding his appointment;
     (d) a resident of the precinct for which chosen for at least six months immediately preceding appointment; and
     (e) a qualified voter of the precinct for which chosen.
     (2) A municipal justice court judge shall be:
     (a) a citizen of the United States;
     (b) 25 years of age or older;
     (c) a resident of Utah for at least three years immediately preceding appointment;
     (d) a resident of the county in which the municipality is located or an adjacent county for at least six months immediately preceding appointment; and
     (e) a qualified voter of the county of residence.
     (3) Justice court judges are not required to be admitted to practice law in the state as a qualification to hold office but shall have at the minimum a diploma of graduation from high school or its equivalent. This requirement does not apply to justice court judges holding office on July 1, 1989, who successfully complete continuing education requirements under Section 78-5-127.
     (4) A justice court judge shall be a person who has demonstrated maturity of judgment, integrity, and the ability to understand and apply appropriate law with impartiality.
     (5) (a) Except as provided in Subsections (b) and (c), a county or municipal justice court judge shall retire upon attaining the age of 75 years.
     (b) A county justice court judge serving on July 1, 1996, who is 75 years of age or older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February 1999, may not be a candidate in the 1998 judicial retention elections and shall retire on or before the first Monday in February 1999.
     (c) A municipal justice court judge serving on July 1, 1996, who is 75 years of age or older on July 1, 1996, or who attains 75 years of age on or before the first Monday in February 2000, may not be reappointed and shall retire on or before the first Monday in February 2000.
     (6) (a) A justice court judge whose tenure in office has terminated due to retirement and who is physically and mentally able to perform the duties of the office may hear a case as prescribed by rule of the Supreme Court.
     (b) The retired justice court judge shall take and subscribe an oath of office only upon the first appointment. The retired justice court judge shall receive reasonable compensation for services as set by local ordinance of the municipality or county.

Amended by Chapter 84, 1996 General Session