2006 Utah Code - 78-8-106 — Involuntary disability retirement or removal of a judge.

     78-8-106.   Involuntary disability retirement or removal of a judge.
     (1) The commission shall recommend and issue an order for the removal or involuntary retirement of a judge of any court of this state, in accordance with the procedure outlined in this section, for a disability that seriously interferes with the performance of the judge's judicial duties and which is, or is likely to become, of a permanent character.
     (2) The commission shall order a medical examination and report.
     (3) The commission in recommending an order of involuntary retirement or removal of a judge for a disability, shall base it on the evaluation and recommendations submitted by one or more medical examiners or physicians, including an examination of essential statements submitted by either bar or judicial associations or committees certifying that:
     (a) the judge is mentally or physically disabled and this disability seriously interferes with the performance of the judge's judicial duties; and
     (b) the judge's incapacity is likely to continue and be permanent and that the judge should be involuntarily retired or removed.
     (4) (a) The Supreme Court shall review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence.
     (b) After its review, the Supreme Court shall issue its order implementing, rejecting, or modifying the commission's order.

Renumbered and Amended by Chapter 148, 2000 General Session