Title 20A Election Code Chapter 1 General Provisions Section 505 Judicial vacancies -- Courts of record.
20A-1-505.Judicial vacancies -- Courts of record.
(1) (a) When a vacancy occurs in a court of record, the governor shall, within 30 days
after receiving the list of nominees, fill the vacancy by appointing a person who meets the
qualifications for the office from a list of at least three trial nominees and five appellate nominees
certified to the governor by the judicial nominating commission that has authority over the
vacancy.
(b) If the governor fails to fill the vacancy within 30 days, the chief justice of the
Supreme Court shall, within 20 days, appoint a person who meets the qualifications for the office
from the list of nominees.
(2) (a) The Senate shall:
(i) consider and decide on each judicial appointment within 60 days of the date of
appointment; and
(ii) if necessary, convene itself in extraordinary session to consider a judicial
appointment.
(b) If the Senate fails to approve the appointment, the office is considered vacant and a
new nominating process begins.
(3) An appointment is effective upon approval of a majority of all members of the Senate.
(4) The judicial nominating commission, the governor, the chief justice, and the Senate
shall nominate and select judges based solely upon consideration of their fitness for office without
regard to any partisan political considerations.
Amended by Chapter 227, 1994 General Session
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