Representative V. Lowry Snow proposes the following substitute bill:


1     
JUDICIAL RETENTION FOR JUSTICE COURT JUDGES

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: V. Lowry Snow

5     
Senate Sponsor: Evan J. Vickers

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to justice court judges.
10     Highlighted Provisions:
11          This bill:
12          ▸     expands to all cities and counties authority to initiate a reduction in workforce in a
13     justice court in certain circumstances; and
14          ▸     expands to all cities and counties a requirement that a new justice court judge
15     position requires approval from the Judicial Council.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78A-7-203, as last amended by Laws of Utah 2019, Chapter 429
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78A-7-203 is amended to read:

26          78A-7-203. Term of office for justice court judge -- Retention -- Reduction in
27     force.
28          (1) The term of a justice court judge is six years beginning the first Monday in January
29     following the date of election.
30           (2) Upon the expiration of a justice court judge's term of office, the judge shall be
31     subject to an unopposed retention election in accordance with the procedures set forth in
32     Section 20A-12-201:
33          (a) in the county or counties in which the court to which the judge is appointed is
34     located if the judge is a county justice court judge or a municipal justice court judge in a town
35     or city of the fourth or fifth class; or
36          (b) in the municipality in which the court to which the judge is appointed is located if
37     the judge is a municipal justice court judge and Subsection (2)(a) does not apply.
38          (3) Before each retention election, each justice court judge shall be evaluated in
39     accordance with the performance evaluation program established in Chapter 12, Judicial
40     Performance Evaluation Commission Act.
41          (4) A [political subdivision in a county of the first or second class] municipality or
42     county that has more than one justice court judge and the weighted caseload per judge is lower
43     than 0.60 as determined by the Administrative Office of the Courts may, at the [political
44     subdivision's] municipality's or county's discretion and at the end of a judge's term of office,
45     initiate a reduction in force and reduce, lay off, terminate, or eliminate a judge's position
46     [pursuant to the political subdivision's] in accordance with the municipality's or county's
47     employment policies.
48          (5) A [political subdivision in a county of the first or second class] municipality or
49     county may only add a new justice court judge position if the Judicial Council, after
50     considering the caseload of the court, approves creation of the position.