S.J.R. 3

1

RESOLUTION PROVIDING FOR CONTESTED
2 JUDICIAL ELECTIONS
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: David L. Thomas
6 This joint resolution of the Legislature proposes to amend the Utah Constitution to
7 modify the process of selecting justices and judges for courts of record. The joint
8 resolution eliminates the process of selecting justices and judges by governor
9 appointment from a list provided by the Judicial Nominating Commission and replaces
10 that selection process with nonpartisan election of justices and judges. The joint
11 resolution directs the lieutenant governor to submit this proposal to voters and provides
12 an effective date.
13 This resolution proposes to change the Utah Constitution as follows:
14 AMENDS:
15 ARTICLE VIII, SECTION 8
16 REPEALS:
17 ARTICLE VIII, SECTION 9
18 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
19 of the two houses voting in favor thereof:
20 Section 1. It is proposed to amend Utah Constitution Article VIII, Section 8, to read:
21 Article VIII, Section 8. [Vacancies -- Nominating commissions -- Senate
22 approval.]
23 (1) Each justice or judge of a court of record shall be elected to a four-year term at a
24 regular general election, as provided by statute. The election shall be nonpartisan. Each judge
25 for a court with geographic divisions shall be elected by voters of the geographic division in
26 which the judge will serve. Each candidate for judicial office at an election under this section
27 shall have the qualifications for that office as prescribed in Article VIII, Section 7.

28 [(1) When] (2) If a vacancy occurs in a court of record before expiration of the term of
29 office, the governor shall [fill the vacancy by appointment from a list of at least three nominees
30 certified to the governor by the Judicial Nominating Commission having authority over the
31 vacancy. The governor shall fill the vacancy within 30 days after receiving the list of
32 nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice
33 of the Supreme Court shall within 20 days make the appointment from the list of nominees.],
34 with the advice and consent of the Senate, appoint a person to serve the remaining unexpired
35 term.
36 [(2) The Legislature by statute shall provide for the nominating commissions'
37 composition and procedures. No member of the Legislature may serve as a member of, nor
38 may the Legislature appoint members to, any Judicial Nominating Commission.]
39 [(3) The Senate shall consider and render a decision on each judicial appointment
40 within 60 days of the date of appointment. If necessary, the Senate shall convene itself in
41 extraordinary session for the purpose of considering judicial appointments. The appointment
42 shall be effective upon approval of a majority of all members of the Senate. If the Senate fails
43 to approve the appointment, the office shall be considered vacant and a new nominating
44 process shall commence.]
45 [(4) Selection of judges shall be based solely upon consideration of fitness for office
46 without regard to any partisan political consideration.]
47 Section 2. It is proposed to repeal Utah Constitution Article VIII, Section 9:
48 Article VIII, Section 9. [Judicial retention elections.]
49 [Each appointee to a court of record shall be subject to an unopposed retention election
50 at the first general election held more than three years after appointment. Following initial
51 voter approval, each Supreme Court justice every tenth year, and each judge of other courts of
52 record every sixth year, shall be subject to an unopposed retention election at the corresponding
53 general election. Judicial retention elections shall be held on a nonpartisan ballot in a manner
54 provided by statute. If geographic divisions are provided for any court of record, the judges of
55 those courts shall stand for retention election only in the geographic division to which they are
56 selected.]
57 Section 3. Submittal to voters.
58 The lieutenant governor is directed to submit this proposed amendment to the voters of

59 the state at the next regular general election in the manner provided by law.
60 Section 4. Effective date.
61 If the amendment proposed by this joint resolution is approved by a majority of those
62 voting on it at the next regular general election, the amendment shall take effect on January 1,
63 2005.




Legislative Review Note
as of 12-6-02 11:24 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel