1     
JUDICIAL NOMINATING PROCESS AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Merrill F. Nelson

5     
Senate Sponsor: Lyle W. Hillyard

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to the judicial nominating process.
10     Highlighted Provisions:
11          This bill:
12          ▸     repeals the authority of the Commission on Criminal and Juvenile Justice to make
13     rules related to evaluation criteria for the selection of judicial nominees; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-10-103, as last amended by Laws of Utah 2016, Third Special Session, Chapter 7
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-10-103 is amended to read:
25          78A-10-103. Procedures governing meetings of judicial nominating commissions.
26          (1) The Commission on Criminal and Juvenile Justice shall:
27          (a) in consultation with the Judicial Council, enact rules establishing procedures
28     governing the meetings of the judicial nominating commissions in accordance with Title 63G,
29     Chapter 3, Utah Administrative Rulemaking Act; and
30          (b) ensure that those procedures include:
31          (i) a minimum recruitment period of at least 30 days but not more than 90 days, unless
32     fewer than nine applications are received for a judicial vacancy, in which case the recruitment
33     period may be extended up to 30 days;
34          (ii) standards for maintaining the confidentiality of the applications and related
35     documents;
36          (iii) standards governing the release of applicant names before nomination;
37          (iv) standards for destroying the records of the names of applicants, applications, and
38     related documents upon completion of the nominating process;
39          (v) an opportunity for public comment concerning the nominating process,
40     qualifications for judicial office, and individual applicants;
41          [(vi) evaluation criteria for the selection of judicial nominees;]
42          [(vii)] (vi) procedures for taking summary minutes at nominating commission
43     meetings;
44          [(viii)] (vii) procedures for simultaneously forwarding the names of nominees to the
45     governor, the president of the Senate, and the Office of Legislative Research and General
46     Counsel;
47          [(ix)] (viii) standards governing a nominating commissioner's disqualification and
48     inability to serve; and
49          [(x)] (ix) procedures that require the Administrative Office of the Courts to
50     immediately inform the governor when a judge is removed, resigns, or retires.
51          (2) In determining which of the applicants are the most qualified, the nominating
52     commissions shall determine by a majority vote of the commissioners present which of the
53     applicants best possess the ability, temperament, training, and experience that qualifies them
54     for the office.
55          (3) (a) Except as provided under Subsection (3)(b):
56          (i) the appellate court nominating commission shall certify to the governor a list of the
57     seven most qualified applicants per vacancy; and
58          (ii) trial court nominating commissions shall certify to the governor a list of the five
59     most qualified applicants per vacancy.
60          (b) If a nominating commission is considering applicants for more than one judicial
61     vacancy existing at the same time and for the same court, the nominating commission shall
62     include one additional applicant for each additional vacancy in the court in the list of applicants
63     the commission certifies to the governor.
64          (4) Nominating commissions shall ensure that the list of applicants submitted to the
65     governor:
66          (a) meet the qualifications required by law to fill the office; and
67          (b) are willing to serve.
68          (5) In determining which of the applicants are the most qualified, nominating
69     commissions may not decline to submit a candidate's name to the governor merely because:
70          (a) the nominating commission had declined to submit that candidate's name to the
71     governor to fill a previous vacancy;
72          (b) a previous nominating commission had declined to submit that candidate's name to
73     the governor; or
74          (c) that nominating commission or a previous nominating commission had submitted
75     the applicant's name to the governor and the governor selected someone else to fill the vacancy.
76          (6) A judicial nominating commission may not nominate a justice or judge who was
77     not retained by the voters for the office for which the justice or judge was defeated until after
78     the expiration of that term of office.
79          (7) Judicial nominating commissions are exempt from the requirements of Title 52,
80     Chapter 4, Open and Public Meetings Act.




Legislative Review Note
Office of Legislative Research and General Counsel