Utah § 17-78-601 County legislative body to determine whether to appoint or contract with constables -- Authority.

Utah Statutes

§ 17-78-601 — County legislative body to determine whether to appoint or contract with constables -- Authority.

Utah·Title 17 Counties·Ch. 17-78 County Property, Programs, and Entities·Part 17-78-6 Constables

(1)(1)(a) (1)(a)(i) The legislative body of a county shall determine whether to appoint one or more constables to serve in the county.

(1)(a)(ii) If a county decides to appoint constables, the county shall nominate and appoint constables in accordance with this chapter.

(1)(b) (1)(b)(i) Notwithstanding Subsection (1)(a), a constable holding office on July 1, 2019, may complete the constable's term.

(1)(b)(ii) A constable shall serve any subsequent terms the constable may serve in accordance with this part.

(2)To nominate a constable, the legislative body of a county of the first or second class shall establish a nominating commission.

(2)(a) The county nominating commission shall consist of:

(2)(a)(i) one member of the county legislative governing body or the member's designee;

(2)(a)(ii

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(1) (1)(a) (1)(a)(i) The legislative body of a county shall determine whether to appoint one or more constables to serve in the county.
(1)(a)(ii) If a county decides to appoint constables, the county shall nominate and appoint constables in accordance with this chapter.
(1)(b) (1)(b)(i) Notwithstanding Subsection (1)(a), a constable holding office on July 1, 2019, may complete the constable's term.
(1)(b)(ii) A constable shall serve any subsequent terms the constable may serve in accordance with this part.
(2) To nominate a constable, the legislative body of a county of the first or second class shall establish a nominating commission.
(2)(a) The county nominating commission shall consist of:
(2)(a)(i) one member of the county legislative governing body or the member's designee;
(2)(a)(ii) one judge or the judge's designee;
(2)(a)(iii) the county attorney or the county attorney's designee;
(2)(a)(iv) the district attorney or the district attorney's designee;
(2)(a)(v) the sheriff of the county or the sheriff's designee; and
(2)(a)(vi) one private citizen.
(2)(b) The nominating commission described in this Subsection (2) shall review each applicant's credentials and, by majority vote, recommend to the legislative governing body of the county the nominees the nominating commission finds most qualified.
(2)(c) The county legislative body shall either appoint or reject any nominee that the nominating commission recommends under Subsection (2)(b).
(3) The legislative body of a county of the third, fourth, fifth, or sixth class may appoint a constable on a recommendation from:
(3)(a) the county sheriff and the county attorney; or
(3)(b) the chief of police.
(4) A county legislative body that appoints a constable under this section may withdraw the authority of the constable for cause, including if the constable's peace officer certification is suspended or revoked under Section 53-6-211.
(5) In addition to the appointment process described in Subsections (1) through (4), the legislative body of a county where a justice court exists may contract with a constable to provide services in criminal cases for the contracting governmental entity by a method and for an amount mutually agreed upon.
(6) (6)(a) A contract between a county legislative body and a constable, including a contract described in Subsection (5), may not exceed four years.
(6)(b) A contract described in Subsection (6)(a) may be renewed or extended for a period not to exceed four years.

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