1     
COURT NOMINATING COMMISSION AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Kirk A. Cullimore

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends membership requirements for judicial nominating commissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     removes certain requirements for:
13               •     membership of the Appellate Court Nominating Commission; and
14               •     membership of the Trial Court Nominating Commission.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          78A-10-202, as last amended by Laws of Utah 2010, Chapter 134
22          78A-10-204, as enacted by Laws of Utah 2008, Chapter 3
23          78A-10-302, as last amended by Laws of Utah 2010, Chapter 134
24          78A-10-304, as enacted by Laws of Utah 2008, Chapter 3
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 78A-10-202 is amended to read:
28          78A-10-202. Membership.
29          (1) The Appellate Court Nominating Commission shall consist of seven
30     commissioners, each appointed by the governor to serve a [single] four-year term.
31          (2) Each commissioner shall:
32          (a) be a United States citizen;
33          (b) be a resident of Utah; and
34          (c) serve until the commissioner's successor is appointed.
35          (3) The governor may not appoint[: (a) a commissioner to serve successive terms; (b) ]
36     a member of the Legislature to serve as a member of the Appellate Court Nominating
37     Commission[; or].
38          [(c) more than four commissioners from the same political party to the Appellate Court
39     Nominating Commission.]
40          [(4) (a) The Utah State Bar shall submit to the governor a list of six nominees to serve
41     as Appellate Court Nominating Commissioners.]
42          [(b) The governor shall appoint two commissioners from the list of nominees provided
43     by the Utah State Bar.]
44          [(c) The governor may reject the list submitted by the Utah State Bar and request a new
45     list of nominees.]
46          [(5) The governor may not appoint more than four persons who are members of the
47     Utah State Bar to the Appellate Court Nominating Commission.]
48          [(6) The chief justice of the Supreme Court shall appoint another member of the
49     Judicial Council to serve as an ex officio, nonvoting member of the Appellate Court
50     Nominating Commission.]
51          [(7)] (4) The governor shall appoint the chair of the Appellate Court Nominating
52     Commission from among the Appellate Court Nominating Commission's membership.
53          Section 2. Section 78A-10-204 is amended to read:
54          78A-10-204. Vacancies.
55          (1) The governor shall fill any vacancy [in the office of] on the Appellate Court
56     Nominating Commission.
57          (2) If an appellate court nominating commissioner is disqualified or is otherwise
58     unable to serve, the governor shall appoint a new commissioner [of the same political party as
59     the unavailable commissioner].
60          [(3) If a vacancy occurs among commission members who are also members of the
61     Utah State Bar, the governor shall replace that commissioner with a person from a list of
62     nominees submitted by the Utah State Bar as provided in Section 78A-10-202.]
63          [(4) The governor shall ensure that each person who is appointed to fill any vacancy on
64     the Appellate Court Nominating Commission, other than a vacancy caused by expiration of
65     term, is a member of the same political party as the commissioner whom the person replaced.]
66          [(5)] (3) When a vacancy occurs in the membership of the Appellate Court Nominating
67     Commission for any reason, the governor shall appoint a replacement [shall be appointed] for
68     the unexpired term [and may not be reappointed].
69          Section 3. Section 78A-10-302 is amended to read:
70          78A-10-302. Membership.
71          (1) The Trial Court Nominating Commission shall consist of seven commissioners,
72     each appointed by the governor to serve a [single] four-year term.
73          (2) Each commissioner shall:
74          (a) be a United States citizen;
75          (b) be a resident of Utah;
76          (c) be a resident of the geographic division to be served by the commission to which
77     the commissioner is appointed; and
78          (d) serve until the commissioner's successor is appointed.
79          (3) The governor may not appoint[: (a) a commissioner to serve successive terms; (b) ]
80     a member of the Legislature to serve as a member of a Trial Court Nominating Commission[;
81     or].
82          [(c) more than four commissioners from the same political party to a Trial Court
83     Nominating Commission.]
84          [(4) The governor shall appoint two commissioners from a list of nominees provided
85     by the Utah State Bar.]
86          [(5) The Utah State Bar shall submit:]
87          [(a) six nominees from Districts 2, 3, and 4; and]
88          [(b) four nominees from Districts 1, 5, 6, 7, and 8.]
89          [(6) The governor may reject any list and request a new list of nominees.]
90          [(7) The governor may not appoint more than four persons who are members of the
91     Utah State Bar to a Trial Court Nominating Commission.]
92          [(8) The chief justice of the Supreme Court shall appoint another member of the
93     Judicial Council to serve as an ex officio, nonvoting member of each Trial Court Nominating
94     Commission.]
95          [(9)] (4) The governor shall appoint the chair of each Trial Court Nominating
96     Commission from among [its] the Trial Court Nominating Commission's membership.
97          Section 4. Section 78A-10-304 is amended to read:
98          78A-10-304. Vacancies.
99          (1) The governor shall fill any vacancy on the Trial Court Nominating Commission.
100          (2) If a trial court nominating commissioner is disqualified or otherwise unable to
101     serve, the governor shall appoint a new commissioner [of the same political party as the
102     unavailable commissioner].
103          [(3) If a vacancy occurs among commission members who are also members of the
104     Utah State Bar, the governor shall replace that commissioner with a person from a list of
105     nominees submitted by the Utah State Bar as provided in Section 78A-10-302.]
106          [(4) The governor shall ensure that each person who is appointed to fill any vacancy in
107     the office of commissioner, other than a vacancy caused by expiration of term, is a member of
108     the same political party as the commissioner whom the person replaced.]
109          [(5)] (3) When a vacancy occurs in the membership of the Trial Court Nominating
110     Commission for any reason, the governor shall appoint a replacement [shall be appointed] for
111     the unexpired term [of the commissioner being replaced and may not be reappointed].