Title 20A Election Code
Chapter 1 General Provisions
Section 509.2 Procedure for filling vacancy in county or district with fewer than 15 attorneys.
20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15
attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county or
district having fewer than 15 attorneys who are licensed, active members in good standing with
the Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) The county clerk shall send a letter to each attorney residing in the county or district
who is a licensed, active member in good standing with the Utah State Bar and a registered voter
that:
(a) informs the attorney of the vacancy;
(b) invites the attorney to apply for the vacancy; and
(c) informs the attorney that if the attorney has not responded within 10 calendar days
from the date that the letter was mailed, his candidacy to fill the vacancy will not be considered.
(3) (a) (i) If, after 10 calendar days from the date the letter was mailed, more than three
attorneys who are licensed, active members in good standing with the Utah State Bar and
registered voters in the county or district have applied for the vacancy, the county clerk shall,
except as provided in Subsection (3)(a)(ii), submit the applications to the county central
committee of the same political party of the prior officeholder.
(ii) In multicounty prosecution districts, the clerk shall submit the applications to the
county central committee of each county within the prosecution district.
(b) The central committee shall nominate three of the applicants and forward their names
to the county legislative body within 20 days after the date the county clerk submitted the
applicants' names.
(c) The county legislative body shall appoint one of the nominees to fill the vacant
position.
(d) If the central committee of the political party fails to submit at least three names to
the county legislative body within 20 days after the date the county clerk submitted the
applicants' names, the county legislative body shall appoint one of the applicants to fill the vacant
position.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 120
days after the vacancy occurs, the county clerk shall mail to the governor:
(i) a letter informing him that the county legislative body has failed to appoint a person to
fill the vacancy; and
(ii) (A) the list of nominees, if any, submitted by the central committee of the political
party; or
(B) if the party central committee has not submitted a list of at least three nominees
within the required time, the names of the persons who submitted applications for the vacant
position to the county clerk.
(f) The governor shall appoint a person to fill the vacancy from the list within 30 days
after receipt of the letter.
(4) (a) If, after 10 calendar days from the date the letter was mailed, three or fewer
attorneys who are licensed, active members in good standing with the Utah State Bar and
registered voters in the county or district have applied for the vacancy, the county legislative
body may:
(i) appoint one of them to be county or district attorney; or
(ii) solicit additional applicants and appoint a county or district attorney as provided in
Subsection (4)(b).
(b) (i) If three or fewer attorneys who are licensed members in good standing of the Utah
State Bar and registered voters in the county or district submit applications, the county legislative
body may publicly solicit and accept additional applications for the position from licensed, active
members in good standing of the Utah State Bar who are not residents of the county or
prosecution district.
(ii) The county legislative body shall consider the applications submitted by the attorneys
who are residents of and registered voters in the county or prosecution district and the
applications submitted by the attorneys who are not residents of the county or prosecution district
and shall appoint one of the applicants to be county attorney or district attorney.
(c) If the legislative body fails to appoint a person to fill the vacancy within 120 days
after the vacancy occurs, the county clerk shall:
(i) notify the governor that the legislative body has failed to fill the vacancy within the
required time period; and
(ii) provide the governor with a list of all the applicants.
(d) The governor shall appoint a person to fill the vacancy within 30 days after he
receives the notification.
(5) The person appointed to fill the vacancy shall serve for the unexpired term of the
person who created the vacancy.
Enacted by Chapter 139, 1997 General Session
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