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First Substitute S.B. 109
8 LONG TITLE
9 General Description:
10 This bill authorizes the governor to appoint the chief justice of the Utah Supreme Court.
11 Highlighted Provisions:
12 This bill:
13 . authorizes the governor to appoint the chief justice of the Utah Supreme Court;
14 . extends the term of office of the chief justice;
15 . prevents a chief justice from serving successive terms;
16 . authorizes the chief justice to appoint the associate chief justice; and
17 . allows the associate chief justice to serve successive three-year terms.
18 Monies Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 78A-3-101, as renumbered and amended by Laws of Utah 2008, Chapter 3
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78A-3-101 is amended to read:
28 78A-3-101. Number of justices -- Terms -- Chief justice and associate chief justice
29 -- Selection and functions.
30 (1) The Supreme Court consists of five justices.
31 (2) A justice of the Supreme Court shall be appointed initially to serve until the first
32 general election held more than three years after the effective date of the appointment.
33 Thereafter, the term of office of a justice of the Supreme Court is 10 years and commences on
34 the first Monday in January following the date of election. A justice whose term expires may
35 serve upon request of the Judicial Council until a successor is appointed and qualified.
36 (3) (a) The [
37 justice from among the members of the [
38 after June 30, 2011 and before August 1, 2011.
39 (b) The term of the office of chief justice is [
40 (c) A chief justice may not serve successive terms.
41 (d) The chief justice may resign from the office of chief justice without resigning from
42 the Supreme Court. [
44 (4) (a) When the office of chief justice becomes vacant, the governor shall appoint
45 another justice to fill the unexpired term.
47 within 30 days of a vacancy in that office, the associate chief justice shall act as chief justice
49 (i) a chief justice is [
50 (ii) the remainder of the vacant term expires.
51 (5) If the associate chief justice is unable [
52 senior justice shall act as chief justice until:
53 (a) a chief justice is [
54 (b) the remainder of the vacant term expires.
56 chief justice has duties as provided by law.
59 (b) (i) The associate chief justice shall serve a three year term.
60 (ii) The associate chief justice may serve [
61 terms. [
63 (c) (i) The chief justice of the Supreme Court shall appoint the associate chief justice.
64 (ii) If the chief justice is absent or otherwise unable to serve, the associate chief justice
65 shall serve as chief justice.
66 (iii) The chief justice may delegate responsibilities to the associate chief justice as
67 consistent with law.
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