4Article VIII, Section 90Proposal to Amend Utah Constitution - Judicial Retention2026 GENERAL SESSIONSTATE OF UTAHChief Sponsor: Walt BrooksSenate Sponsor: LONG TITLEGeneral Description:This joint resolution of the Utah Legislature proposes to amend the Utah Constitution to modify provisions related to retention of judges. Highlighted Provisions:This resolution proposes to amend the Utah Constitution to:authorize the Legislature to initiate a special retention process that allows the voters to vote on whether a judge shall remain in office when a judge engages in certain conduct; andprovide that a judge who is subject to a special retention election is still subject to a regular retention election but that the special retention election may replace the regular retention election if the elections occur in the same year.Other Special Clauses:This resolution directs the lieutenant governor to submit this proposal to voters.This resolution provides a contingent effective date of January 1, 2027 for this proposal.Utah Constitution Sections Affected:AMENDS:Article VIII, Section 9Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:

Section 1. It is proposed to amend Utah Constitution, Article VIII, Section 9 to readArticle VIII, Section 9. [Judicial retention elections.](1)Each appointee to a court of record shall be subject to an unopposed retention election at the first general election held more than three years after appointment. Following initial voter approval, each Supreme Court justice every tenth year, and each judge of other courts of record every sixth year, shall be subject to an unopposed retention election at the corresponding general election. Judicial retention elections shall be held on a nonpartisan ballot in a manner provided by statute. If geographic divisions are provided for any court of record, the judges of those courts shall stand for retention election only in the geographic division to which they are selected.(2)If the Legislature determines that a judge is unfit or incompetent, persistently fails to make timely decisions in a case, or has engaged in conduct that violates the judge's oath of office, is improper, or creates an appearance of impropriety, the Legislature may initiate a process for the judge to be subject to a special retention election as soon as practicable. The Legislature may initiate the special retention election process even if the judge could be liable to impeachment under Article VI, Section 19, or subject to investigation and discipline under Article VIII, Section 13.(3)The Legislature shall provide, in statute, for the process to subject a judge to a special retention election, the manner and timing of the special retention election, and the resolution of any conflicting outcomes from actions under this section, Article VI, Section 19, or Article VIII, Section 13.(4)A judge who is subject to a special retention election is still subject to the regular retention elections described in Subsection (1), except that if the regular retention election would occur in the same year as a special retention election, the special retention election may replace the regular retention election for that year only.

Section 2. Submittal to voters.The lieutenant governor is directed to submit this proposed amendment to the voters of the state at the next regular general election in the manner provided by law.

Section 3. Contingent effective date.If the amendment proposed by this joint resolution is approved by a majority of those voting on it at the next regular general election, the amendment shall take effect on January 1, 2027.

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