This document includes House Floor Amendments incorporated into the bill on Wed, Feb 15, 2017 at 12:48 PM by ryoung.
This document includes Senate Committee Amendments incorporated into the bill on Tue, Mar 7, 2017 at 1:12 PM by lucydaynes.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to the judicial nominating process.
10 Highlighted Provisions:
11 This bill:
12 ▸ repeals the authority of the Commission on Criminal and Juvenile Justice to make
13 rules related to evaluation criteria for the selection of judicial nominees; Ĥ→ [
13a ▸ addresses evaluation criteria for the selection of judicial nominees; and ←Ĥ
14 ▸ makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 78A-10-103, as last amended by Laws of Utah 2016, Third Special Session, Chapter 7
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 78A-10-103 is amended to read:
25 78A-10-103. Procedures governing meetings of judicial nominating commissions.
26 (1) The Commission on Criminal and Juvenile Justice shall:
27 (a) in consultation with the Judicial Council, enact rules establishing procedures
28 governing the meetings of the judicial nominating commissions in accordance with Title 63G,
29 Chapter 3, Utah Administrative Rulemaking Act; and
30 (b) ensure that those procedures include:
31 (i) a minimum recruitment period of at least 30 days but not more than 90 days, unless
32 fewer than nine applications are received for a judicial vacancy, in which case the recruitment
33 period may be extended up to 30 days;
34 (ii) standards for maintaining the confidentiality of the applications and related
35 documents;
36 (iii) standards governing the release of applicant names before nomination;
37 (iv) standards for destroying the records of the names of applicants, applications, and
38 related documents upon completion of the nominating process;
39 (v) an opportunity for public comment concerning the nominating process,
40 qualifications for judicial office, and individual applicants;
41 [
42 [
43 meetings;
44 [
45 governor, the president of the Senate, and the Office of Legislative Research and General
46 Counsel;
47 [
48 inability to serve; and
49 [
50 immediately inform the governor when a judge is removed, resigns, or retires.
51 (2) Ŝ→ (a) ←Ŝ In determining which of the applicants are the most qualified, the
51a nominating
52 commissions shall determine by a majority vote of the commissioners present which of the
53 applicants best possess the Ĥ→ [
53a and ability, judicial temperament, training, professional experience, integrity, impartiality,
53b work ethic, financial responsibility, public service, and ability to perform the work of a
53c judge, ←Ĥ that qualifies them
54 for the office.
54a Ŝ→ (b) For diversity on the bench, when deciding among applicants whose qualifications
54b appear in all other respects to be equal, it is relevant to consider the background and
54c experience of the applicants in relation to the current composition of the bench for which☆
54d ☆the appointment is being made. ←Ŝ
55 (3) (a) Except as provided under Subsection (3)(b):
56 (i) the appellate court nominating commission shall certify to the governor a list of the
57 seven most qualified applicants per vacancy; and
58 (ii) trial court nominating commissions shall certify to the governor a list of the five
59 most qualified applicants per vacancy.
60 (b) If a nominating commission is considering applicants for more than one judicial
61 vacancy existing at the same time and for the same court, the nominating commission shall
62 include one additional applicant for each additional vacancy in the court in the list of applicants
63 the commission certifies to the governor.
64 (4) Nominating commissions shall ensure that the list of applicants submitted to the
65 governor:
66 (a) meet the qualifications required by law to fill the office; and
67 (b) are willing to serve.
68 (5) In determining which of the applicants are the most qualified, nominating
69 commissions may not decline to submit a candidate's name to the governor merely because:
70 (a) the nominating commission had declined to submit that candidate's name to the
71 governor to fill a previous vacancy;
72 (b) a previous nominating commission had declined to submit that candidate's name to
73 the governor; or
74 (c) that nominating commission or a previous nominating commission had submitted
75 the applicant's name to the governor and the governor selected someone else to fill the vacancy.
76 (6) A judicial nominating commission may not nominate a justice or judge who was
77 not retained by the voters for the office for which the justice or judge was defeated until after
78 the expiration of that term of office.
79 (7) Judicial nominating commissions are exempt from the requirements of Title 52,
80 Chapter 4, Open and Public Meetings Act.
Legislative Review Note
Office of Legislative Research and General Counsel