! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines (PDF) for remote public comment and virtual meeting instructions (PDF).

Download Zipped Enrolled WordPerfect HB0074.ZIP
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]

H.B. 74 Enrolled

             1     

MUNICIPAL JUSTICE COURT JUDGE ELECTIONS

             2     
2011 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Kenneth W. Sumsion

             5     
Senate Sponsor: Mark B. Madsen

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill changes the requirements for a retention election vote for justice court judges.
             10      Highlighted Provisions:
             11          This bill:
             12          .    changes the retention election requirements for municipal justice court judges in
             13      cities of the first, second, and third class from the entire county to the municipality
             14      where the judge sits;
             15          .    clarifies that a justice court judge standing for retention in more than one location
             16      who is retained in one location and not retained in another does not lose both
             17      offices; and
             18          .    makes a technical correction.
             19      Money Appropriated in this Bill:
             20          None
             21      Other Special Clauses:
             22          None
             23      Utah Code Sections Affected:
             24      AMENDS:
             25          20A-12-201, as last amended by Laws of Utah 2008, Chapters 93 and 225
             26          78A-7-202, as last amended by Laws of Utah 2009, Chapter 146
             27     
             28      Be it enacted by the Legislature of the state of Utah:
             29          Section 1. Section 20A-12-201 is amended to read:


             30           20A-12-201. Judicial appointees -- Retention elections.
             31          (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
             32      at the first general election held more than three years after the judge or justice was appointed.
             33          (b) After the first retention election:
             34          (i) each Supreme Court justice shall be on the regular general election ballot for an
             35      unopposed retention election every tenth year; and
             36          (ii) each judge of other courts shall be on the regular general election ballot for an
             37      unopposed retention election every sixth year.
             38          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
             39      the year the justice or judge is subject to a retention election:
             40          (i) file a declaration of candidacy as if a candidate for multi-county office in
             41      accordance with Section 20A-9-202 ; and
             42          (ii) pay a filing fee of $50.
             43          (b) Each justice court judge who wishes to retain office shall, in the year the justice
             44      court judge is subject to a retention election:
             45          (i) file a declaration of candidacy as if a candidate for county office in accordance with
             46      Section 20A-9-202 ; and
             47          (ii) pay a filing fee of $25.
             48          (3) (a) The lieutenant governor shall, no later than September 8 of each regular general
             49      election year:
             50          (i) transmit a certified list containing the names of the justices of the Supreme Court
             51      and judges of the Court of Appeals declaring their candidacy to the county clerk of each
             52      county; and
             53          (ii) transmit a certified list containing the names of judges of other courts declaring
             54      their candidacy to the county clerk of each county in the geographic division in which the judge
             55      filing the declaration holds office.
             56          (b) Each county clerk shall place the names of justices and judges standing for
             57      retention election in the nonpartisan section of the ballot.


             58          (4) At the general election, the ballots shall contain, as to each justice or judge of any
             59      court to be voted on in the county, the following question:
             60          "Shall ______________________________(name of justice or judge) be retained in the
             61      office of ___________________________?" (name of office, such as "Justice of the Supreme
             62      Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
             63      Third Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District";
             64      "Justice Court Judge of (name of county) County or (name of municipality)")
             65          Yes ()
             66          No ()."
             67          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
             68      is retained for the term of office provided by law.
             69          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
             70      judge is not retained, and a vacancy exists in the office on the first Monday in January after the
             71      regular general election.
             72          (6) A justice or judge not retained is ineligible for appointment to the office for which
             73      the justice or judge was defeated until after the expiration of that term of office.
             74          (7) If a justice court judge is standing for retention for more than one office, the county
             75      clerk shall place the judge's name on the ballot separately for each office. If the justice court
             76      judge receives more no votes than yes votes in one office, but more yes votes than no votes in
             77      the other, the justice court judge shall be retained only in the office for which the judge
             78      received more yes votes than no votes.
             79          Section 2. Section 78A-7-202 is amended to read:
             80           78A-7-202. Justice court judges to be appointed -- Procedure -- Retention.
             81          (1) As used in this section:
             82          (a) "Local government executive" means:
             83          (i) for a county:
             84          (A) the chair of the county commission in a county operating under the county
             85      commission or expanded county commission form of county government;


             86          (B) the county executive in a county operating under the county executive-council form
             87      of county government; and
             88          (C) the county manager in a county operating under the council-manager form of
             89      county government; and
             90          (ii) for a city or town:
             91          (A) the mayor of the city or town; or
             92          (B) the city manager, in the council-manager form of government described in
             93      Subsection 10-3b-103 (6).
             94          (b) "Local legislative body" means:
             95          (i) for a county, the county commission or county council; and
             96          (ii) for a city or town, the council of the city or town.
             97          (2) There is created in each county a county justice court nominating commission to
             98      review applicants and make recommendations to the appointing authority for a justice court
             99      position. The commission shall be convened when a new justice court judge position is created
             100      or when a vacancy in an existing court occurs for a justice court located within the county.
             101          (a) Membership of the justice court nominating commission shall be as follows:
             102          (i) one member appointed by:
             103          (A) the county commission if the county has a county commission form of
             104      government; or
             105          (B) the county executive if the county has an executive-council form of government;
             106          (ii) one member appointed by the municipalities in the counties as follows:
             107          (A) if the county has only one municipality, appointment shall be made by the
             108      governing authority of that municipality; or
             109          (B) if the county has more than one municipality, appointment shall be made by a
             110      municipal selection committee composed of the mayors of each municipality in the county;
             111          (iii) one member appointed by the county bar association; and
             112          (iv) two members appointed by the governing authority of the jurisdiction where the
             113      judicial office is located.


             114          (b) If there is no county bar association, the member in Subsection (2)(a)(iii) shall be
             115      appointed by the regional bar association. If no regional bar association exists, the state bar
             116      association shall make the appointment.
             117          (c) Members appointed under Subsections (2)(a)(i) and (ii) may not be an elected
             118      official of the county or municipality.
             119          (d) The nominating commission shall submit at least two names to the appointing
             120      authority of the jurisdiction expected to be served by the judge. The local government
             121      executive shall appoint a judge from the list submitted and the appointment ratified by the local
             122      legislative body.
             123          (e) The state court administrator shall provide staff to the commission. The Judicial
             124      Council shall establish rules and procedures for the conduct of the commission.
             125          (3) Judicial vacancies shall be advertised in a newspaper of general circulation, through
             126      the Utah State Bar, and other appropriate means.
             127          (4) Selection of candidates shall be based on compliance with the requirements for
             128      office and competence to serve as a judge.
             129          (5) Once selected, the Judicial Council shall certify the judge as qualified to hold office
             130      upon successful completion of the orientation program.
             131          (6) The selection of a person to fill the office of justice court judge is effective upon
             132      certification of the judge by the Judicial Council. A justice court judge may not perform
             133      judicial duties until certified by the Judicial Council.
             134          (7) Upon the expiration of a justice court judge's term of office, the judge shall be
             135      subject to an unopposed retention election [in the county or counties in which the court to
             136      which the judge is appointed is located,] in accordance with the procedures set forth in Section
             137      20A-12-201 [.]:
             138          (a) in the county or counties in which the court to which the judge is appointed is
             139      located if the judge is a county justice court judge or a municipal justice court judge in a town
             140      or city of the fourth or fifth class; or
             141          (b) in the municipality in which the court to which the judge is appointed is located if


             142      the judge is a municipal justice court judge and Subsection (7)(a) does not apply.
             143          (8) Before each retention election, each justice court judge shall be evaluated in
             144      accordance with the performance evaluation program established in [Subsection 78A-2-104 (5)]
             145      Section 78A-12-203 .


[Bill Documents][Bills Directory]