1     
JUDICIAL RETENTION FOR JUSTICE COURT JUDGES

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill expands to all counties existing authority to initiate a reduction in force in a
10     justice court in certain circumstances.
11     Highlighted Provisions:
12          This bill:
13          ▸     expands to all counties existing authority to initiate a reduction in force in a justice
14     court in certain circumstances.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-7-203, as last amended by Laws of Utah 2016, Chapter 146
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 78A-7-203 is amended to read:
25          78A-7-203. Term of office for justice court judge -- Retention -- Reduction in
26     force.
27          (1) The term of a justice court judge is six years beginning the first Monday in January

28     following the date of election.
29           (2) Upon the expiration of a justice court judge's term of office, the judge shall be
30     subject to an unopposed retention election in accordance with the procedures set forth in
31     Section 20A-12-201:
32          (a) in the county or counties in which the court to which the judge is appointed is
33     located if the judge is a county justice court judge or a municipal justice court judge in a town
34     or city of the fourth or fifth class; or
35          (b) in the municipality in which the court to which the judge is appointed is located if
36     the judge is a municipal justice court judge and Subsection (2)(a) does not apply.
37          (3) Before each retention election, each justice court judge shall be evaluated in
38     accordance with the performance evaluation program established in Title 78A, Chapter 12,
39     Judicial Performance Evaluation Commission Act.
40          (4) Notwithstanding Subsection (3), each justice court judge who is subject to a
41     retention election in 2012, 2014, and 2016, and who is not a full-time justice court judge on
42     July 1, 2012, shall be evaluated by the Judicial Performance Evaluation Commission according
43     to the following performance standards:
44          (a) the justice court judge shall have at least 30 annual hours of continuing legal
45     education for each year of the justice court judge's current term;
46          (b) the justice court judge may not have more than one public reprimand issued by the
47     Judicial Conduct Commission or the Supreme Court during the justice court judge's current
48     term; and
49          (c) the justice court judge may not have had any cases under advisement for more than
50     two months.
51          (5) Political subdivisions [in counties of the first and second class] that have more than
52     one justice court judge and the weighted caseload per judge is lower than 0.60 as determined
53     by the Administrative Office of the Courts may, at the political subdivision's discretion and at
54     the end of a judge's term of office, initiate a reduction in force and reduce, lay off, terminate, or
55     eliminate a judge's position [pursuant to] in accordance with the political subdivision's
56     employment policies.
57          (6) Political subdivisions in counties of the first and second class may only add new
58     justice court judge positions if the Judicial Council, after considering the caseload of the court,

59     approves creation of the position.