Title 78A Judiciary and Judicial Administration Chapter 10 Judicial Selection Act Section 104 Convening of judicial nominating commissions -- Certification to governor of nominees -- Meetings to investigate prospective candidates.
78A-10-104.Convening of judicial nominating commissions -- Certification to
governor of nominees -- Meetings to investigate prospective candidates.
(1) When a vacancy occurs or is about to occur in the office of a justice or judge of any
court of record, the chair of the judicial nominating commission for the office to be filled shall
convene the commission as soon as practicable.
(2) The nominating commission may:
(a) meet as necessary to perform its function; and
(b) investigate prospective candidates.
(3) (a) Not later than 45 days after convening, the commission shall certify to the
governor a list of nominees who a majority of the members of the commission have determined:
(i) have the qualifications required by law to fill the office;
(ii) are willing to serve; and
(iii) possess the ability, temperament, training, and experience that fits them for the
office.
(b) (i) The appellate court nominating commission shall certify a list of at least five
appellate nominees to the governor.
(ii) If there is a tie vote, the commission may certify both nominees to the governor.
(iii) The commission may not certify more than seven nominees to the governor.
(c) (i) The trial court nominating commission shall certify a list of at least three nominees
to the governor.
(ii) If there is a tie vote, the commission may certify both nominees to the governor.
(iii) The commission may not certify more than five nominees to the governor.
(4) A nominating commission may not, during a commissioner's term of office, nominate
a person who has served as a replacement for that commission member within six months of the
date that the commission was last convened.
Renumbered and Amended by Chapter 3, 2008 General Session
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