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2022 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 7 - Justice Court
Part 2 - Judges and Administration
Section 201 - Justice court judge eligibility -- Mandatory retirement.
Universal Citation: UT Code § 78A-7-201 (2022)
Effective 5/10/2016
78A-7-201. Justice court judge eligibility -- Mandatory retirement.
Amended by Chapter 146, 2016 General Session
78A-7-201. Justice court judge eligibility -- Mandatory retirement.
- (1) A 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 county in which the court is located or an adjacent county for at least six months immediately preceding appointment; and
- (e) a qualified voter of the county in which the judge resides.
- (2) Effective May 10, 2016, a justice court judge is not required to be admitted to practice law in the state as a qualification to hold office but:
- (a) in counties of the first and second class, a justice court judge shall have a degree from a law school that makes one eligible to apply for admission to a bar in any state; and
- (b) in counties of the third, fourth, fifth, and sixth class, a justice court judge shall have at the minimum a diploma of graduation from high school or its equivalent.
- (3) 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.
- (4) A justice court judge shall retire upon attaining the age of 75 years.
- (5) In counties of the first and second class, if there are not at least three applicants for a justice court judge position who meet the requirements of Subsection (2)(a), the justice court nominating commission shall re-advertise the position, and may accept applications from persons who do not meet the requirements of Subsections (1)(d) and (2)(a).
- (6)
- (a) In accordance with Subsection 78A-7-202(3), the Administrative Office of the Courts shall provide notice to all attorneys in the county and adjacent counties when a justice court judge position is vacant.
- (b) If the justice court nominating commission waives the requirement of Subsection (1)(d) in accordance with Subsection (5), the Administrative Office of the Courts shall provide notice to all attorneys in the state.
- (7) A justice court judge holding office on May 10, 2016, who does not meet the qualification in Subsection (2)(a) may continue in the judge's position until the judge resigns, retires, is not retained in a retention election, or is removed from office.
Amended by Chapter 146, 2016 General Session
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