§ 20A-1-506 — Vacancy in the office of justice court judge.

(1) As used in this section:
(1)(a) "Appointing authority" means:
(1)(a)(i) for a county:
(1)(a)(i)(A) the chair of the county commission in a county having the county commission or expanded county commission form of county government; and
(1)(a)(i)(B) the county executive in a county having the county executive-council form of government; and
(1)(a)(ii) for a city or town, the mayor of the city or town.
(1)(b) "Local legislative body" means:
(1)(b)(i) for a county, the county commission or county council; and
(1)(b)(ii) for a city or town, the council of the city or town.
(2) (2)(a) If a vacancy occurs in the office of a municipal justice court judge before the completion of the judge's term of office, the appointing authority:
(2)(a)(i) shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202; and
(2)(a)(ii) may contract with a justice court judge of the county, an adjacent county, or another municipality within those counties for judicial services until the vacancy is filled.
(2)(b) The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a municipal justice court judge under this section within 30 calendar days after the day on which the appointment is made.
(3) (3)(a) If a vacancy occurs in the office of a county justice court judge before the completion of the judge's term of office, the appointing authority shall fill the vacancy by following the procedures and requirements for appointments in Section 78A-7-202.
(3)(b) The appointing authority shall notify the Administrative Office of the Courts in writing of an appointment of a county justice court judge under this section within 30 calendar days after the day on which the appointment is made.
(4) (4)(a) When a vacancy occurs in the office of a justice court judge, the appointing authority shall:
(4)(a)(i) advertise the vacancy and solicit applications for the vacancy;
(4)(a)(ii) appoint the best qualified candidate to office based solely upon fitness for office;
(4)(a)(iii) comply with the procedures and requirements of Title 52, Chapter 3, Prohibiting Employment of Relatives, in making appointments to fill the vacancy; and
(4)(a)(iv) submit the name of the appointee to the local legislative body.
(4)(b) If the local legislative body does not confirm the appointment within 30 calendar days after the day on which the appointing authority submits the name of the appointee to the local legislative body, the appointing authority may either appoint another of the applicants or reopen the vacancy by advertisement and solicitations of applications.

Legislative History

Amended by Chapter 448, 2025 General Session