S.B. 248

             1     

JUDICIAL RETENTION ELECTION AMENDMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Curtis S. Bramble

             5     
House Sponsor: Daniel McCay

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the Election Code in relation to a judicial retention election.
             10      Highlighted Provisions:
             11          This bill:
             12          .    provides that a justice or judge who wishes to retain office shall, in the year the
             13      justice or judge is subject to a retention election, file a declaration of candidacy with
             14      the lieutenant governor or county clerk within the period beginning on April 1 and
             15      ending at 5 p.m. on April 15 in the year of a regular general election.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22           20A-12-201 , as last amended by Laws of Utah 2011, Chapters 29, 208, and 327
             23     
             24      Be it enacted by the Legislature of the state of Utah:
             25          Section 1. Section 20A-12-201 is amended to read:
             26           20A-12-201. Judicial appointees -- Retention elections.
             27          (1) (a) Each judicial appointee to a court is subject to an unopposed retention election


             28      at the first general election held more than three years after the judge or justice was appointed.
             29          (b) After the first retention election:
             30          (i) each Supreme Court justice shall be on the regular general election ballot for an
             31      unopposed retention election every tenth year; and
             32          (ii) each judge of other courts shall be on the regular general election ballot for an
             33      unopposed retention election every sixth year.
             34          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
             35      the year the justice or judge is subject to a retention election:
             36          (i) file a declaration of candidacy [as if a candidate for multi-county office in
             37      accordance with Section 20A-9-202 ] with the lieutenant governor, or with the county clerk in
             38      the candidate's county of residence, within the period beginning on April 1 and ending at 5 p.m.
             39      on April 15 in the year of a regular general election; and
             40          (ii) pay a filing fee of $50.
             41          (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
             42      court judge is subject to a retention election:
             43          (A) file a declaration of candidacy as if a candidate for county office in accordance
             44      with Section 20A-9-202 ; and
             45          (B) pay a filing fee of $25 for each judicial office.
             46          (ii) If a justice court judge is appointed or elected to more than one judicial office, the
             47      declaration of candidacy shall identify all of the courts included in the same general election.
             48          (iii) If a justice court judge is appointed or elected to more than one judicial office,
             49      filing a declaration of candidacy in one county in which one of those courts is located is valid
             50      for the courts in any other county.
             51          (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
             52      election year:
             53          (i) transmit a certified list containing the names of the justices of the Supreme Court
             54      and judges of the Court of Appeals declaring their candidacy to the county clerk of each
             55      county; and
             56          (ii) transmit a certified list containing the names of judges of other courts declaring
             57      their candidacy to the county clerk of each county in the geographic division in which the judge
             58      filing the declaration holds office.


             59          (b) Each county clerk shall place the names of justices and judges standing for
             60      retention election in the nonpartisan section of the ballot.
             61          (4) (a) At the general election, the ballots shall contain, as to each justice or judge of
             62      any court to be voted on in the county, the following question:
             63          "Shall ______________________________(name of justice or judge) be retained in the
             64      office of ___________________________? (name of office, such as "Justice of the Supreme
             65      Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
             66      Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
             67      "Justice Court Judge of (name of county) County or (name of municipality)")
             68          Yes ()
             69          No ()."
             70          (b) If a justice court exists by means of an interlocal agreement under Section
             71      78A-7-102 , the ballot question for the judge shall include the name of that court.
             72          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
             73      is retained for the term of office provided by law.
             74          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
             75      judge is not retained, and a vacancy exists in the office on the first Monday in January after the
             76      regular general election.
             77          (6) A justice or judge not retained is ineligible for appointment to the office for which
             78      the justice or judge was defeated until after the expiration of that term of office.
             79          (7) If a justice court judge is standing for retention for more than one office, the county
             80      clerk shall place the judge's name on the ballot separately for each office. If the justice court
             81      judge receives more no votes than yes votes in one office, but more yes votes than no votes in
             82      the other, the justice court judge shall be retained only in the office for which the judge
             83      received more yes votes than no votes.




Legislative Review Note
    as of 2-24-14 1:35 PM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]