§ 78A-7-202 — Justice court judges to be appointed -- Procedure.

(1) As used in this section:
(1)(a) "Local government executive" means:
(1)(a)(i) for a county:
(1)(a)(i)(A) the chair of the county commission in a county operating under the county commission or expanded county commission form of county government;
(1)(a)(i)(B) the county executive in a county operating under the county executive-council form of county government; and
(1)(a)(i)(C) the county manager in a county operating under the council-manager form of county government; and
(1)(a)(ii) for a city or town:
(1)(a)(ii)(A) the mayor of the city or town; or
(1)(a)(ii)(B) the city manager, in the council-manager form of government described in Subsection 10-3b-103(6).
(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) 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.
(2)(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.
(2)(c) Membership of the justice court nominating commission shall be as follows:
(2)(c)(i) one member appointed by:
(2)(c)(i)(A) the county commission if the county has a county commission form of government; or
(2)(c)(i)(B) the county executive if the county has an executive-council form of government;
(2)(c)(ii) one member appointed by the municipalities in the counties as follows:
(2)(c)(ii)(A) if the county has only one municipality, appointment shall be made by the governing authority of that municipality; or
(2)(c)(ii)(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 in the county;
(2)(c)(iii) one member appointed by the county bar association; and
(2)(c)(iv) two members appointed by the governing authority of the jurisdiction where the judicial office is located.
(2)(d) (2)(d)(i) If there is no county bar association, the member in Subsection (2)(c)(iii) shall be appointed by the regional bar association.
(2)(d)(ii) If no regional bar association exists, the state bar association shall make the appointment.
(2)(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.
(2)(f) (2)(f)(i) Except as provided in Subsection (2)(f)(ii), the nominating commission shall submit at least three names to the appointing authority of the jurisdiction expected to be served by the judge.
(2)(f)(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.
(2)(f)(iii) The local government executive shall appoint a judge from the list submitted and the appointment ratified by the local legislative body.
(2)(g) (2)(g)(i) The state court administrator shall provide staff to the commission.
(2)(g)(ii) The Judicial Council shall establish rules and procedures for the conduct of the commission.
(3) (3)(a) A judicial vacancy for a justice court shall be announced:
(3)(a)(i) as an employment opportunity on the Utah Courts' website;
(3)(a)(ii) in an email to the members of the Utah State Bar; and
(3)(a)(iii) for the justice court's jurisdiction, as a class A notice under Section 63G-30-102, for at least 30 days.
(3)(b) A judicial vacancy for a justice court may also be advertised through other appropriate means.
(4) Selection of candidates shall be based on compliance with the requirements for office and competence to serve as a judge.
(5) (5)(a) Once selected, every prospective justice court judge shall attend an orientation seminar conducted under the direction of the Judicial Council.
(5)(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) (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.
(6)(b) A justice court judge may not perform judicial duties until certified by the Judicial Council.

Legislative History

Amended by Chapter 438, 2024 General Session