Senator Lyle W. Hillyard
proposes the following amendments:
1. Page
2, Lines 45 through 46
:
45
(2) (a) Each justice or judge
{
[
} of a court of record {
]
}
who wishes to retain office shall, in
46
the year the justice or judge is subject to a retention election:
2. Page
7, Lines 182 through 191
:
182
(iv) two members appointed by the governing authority of the jurisdiction where the
183
judicial office is located.
(b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall be appointed
by the regional bar association. If no regional bar association exists, the state bar association shall make
the appointment.
184
{(b)
}
(c)
Members appointed under Subsections
(2)
(a)(i) and
{
(a)
}
(ii) may not be an
elected
185
official of the county or municipality.
186
{(c)
}
(d)
The nominating commission shall submit at least two names to the appointing
187
authority of the jurisdiction expected to be served by the judge. The local government
188
executive shall appoint a judge from the list submitted and the appointment ratified by the local
189
legislative body.
190
{(d)
}
(e)
The state court administrator shall provide staff to the commission. The Judicial
191
Council shall establish rules and procedures for the conduct of the commission.
3. Page
7, Lines 205 through 206
:
205
(8) Before each retention election, each justice court judge shall be evaluated in
206
accordance with the performance evaluation program established in Subsection
{
78A-1-104
(5)
}
78A-2-
104(5)
.
4. Page
7, Line 211 through Page 8, Line 213
:
211
[(b)] (2) Judges holding office [when this act takes effect] or appointed to fill any
212
vacancy before January 1, 2009 hold office until [reappointed or a successor is appointed and
213
certified by the Judicial Council] the next general election.
(3)(a) Notwithstanding Section 20A-12-201, any municipal justice court judge holding office on
January 1, 2009 may serve out their current term if the judge:
(i) stands for retention election in 2010, and is not retained in that election; or
(ii) chooses not to stand for election in 2010.
(b) A vacancy shall then exist in the office on the first Monday in February 2012.
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