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2022 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 7 - Justice Court
Part 2 - Judges and Administration
Section 202 - Justice court judges to be appointed -- Procedure.
Universal Citation: UT Code § 78A-7-202 (2022)
Effective 5/4/2022
78A-7-202. Justice court judges to be appointed -- Procedure.
Amended by Chapter 276, 2022 General Session
78A-7-202. Justice court judges to be appointed -- Procedure.
- (1) As used in this section:
- (a) "Local government executive" means:
- (i) for a county:
- (A) the chair of the county commission in a county operating under the county commission or expanded county commission form of county government;
- (B) the county executive in a county operating under the county executive-council form of county government; and
- (C) the county manager in a county operating under the council-manager form of county government;
- (ii) for a city or town:
- (A) the mayor of the city or town; or
- (B) the city manager, in the council-manager form of government described in Subsection 10-3b-103(7); and
- (iii) for a metro township, the chair of the metro township council.
- (i) for a county:
- (b) "Local legislative body" means:
- (i) for a county, the county commission or county council; and
- (ii) for a city or town, the council of the city or town.
- (a) "Local government executive" means:
- (2)
- (a) There is created in each county a county justice court nominating commission to review applicants and make recommendations to the appointing authority for a justice court position.
- (b) The commission shall be convened when a new justice court judge position is created or when a vacancy in an existing court occurs for a justice court located within the county.
- (c) Membership of the justice court nominating commission shall be as follows:
- (i) one member appointed by:
- (A) the county commission if the county has a county commission form of government; or
- (B) the county executive if the county has an executive-council form of government;
- (ii) one member appointed by the municipalities in the counties as follows:
- (A) if the county has only one municipality, appointment shall be made by the governing authority of that municipality; or
- (B) if the county has more than one municipality, appointment shall be made by a municipal selection committee composed of the mayors of each municipality and the chairs of each metro township in the county;
- (iii) one member appointed by the county bar association; and
- (iv) two members appointed by the governing authority of the jurisdiction where the judicial office is located.
- (i) one member appointed by:
- (d)
- (i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall be appointed by the regional bar association.
- (ii) If no regional bar association exists, the state bar association shall make the appointment.
- (e) Members appointed under Subsections (2)(c)(i) and (ii) may not be the appointing authority or an elected official of a county or municipality.
- (f)
- (i) Except as provided in Subsection (2)(d)(ii), the nominating commission shall submit at least three names to the appointing authority of the jurisdiction expected to be served by the judge.
- (ii) If there are fewer than three applicants for a justice court vacancy, the nominating commission shall submit all qualified applicants to the appointing authority of the jurisdiction expected to be served by the judge.
- (iii) The local government executive shall appoint a judge from the list submitted and the appointment ratified by the local legislative body.
- (g)
- (i) The state court administrator shall provide staff to the commission.
- (ii) The Judicial Council shall establish rules and procedures for the conduct of the commission.
- (3)
- (a) A judicial vacancy for a justice court shall be announced:
- (i) as an employment opportunity on the Utah Courts' website;
- (ii) in an email to the members of the Utah State Bar; and
- (iii) on the Utah Public Notice Website, created in Section 63A-16-601.
- (b) A judicial vacancy for a justice court may also be advertised through other appropriate means.
- (a) A judicial vacancy for a justice court shall be announced:
- (4) Selection of candidates shall be based on compliance with the requirements for office and competence to serve as a judge.
- (5)
- (a) Once selected, every prospective justice court judge shall attend an orientation seminar conducted under the direction of the Judicial Council.
- (b) Upon completion of the orientation seminar described in Subsection (5)(a), the Judicial Council shall certify the justice court judge as qualified to hold office.
- (6)
- (a) The selection of a person to fill the office of justice court judge is effective upon certification of the judge by the Judicial Council.
- (b) A justice court judge may not perform judicial duties until certified by the Judicial Council.
Amended by Chapter 276, 2022 General Session
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