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7 LONG TITLE
8 General Description:
9 This bill amends provisions related to retention elections for justice court judges.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends the ballot requirements for a retention election of a justice court judge; and
13 ▸ makes technical and conforming changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-12-201, as last amended by Laws of Utah 2020, Chapter 401
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22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-12-201 is amended to read:
24 20A-12-201. Judicial appointees -- Retention elections.
25 (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
26 at the first general election held more than three years after the judge or justice was appointed.
27 (b) After the first retention election:
28 (i) each Supreme Court justice shall be on the regular general election ballot for an
29 unopposed retention election every tenth year; and
30 (ii) each judge of other courts shall be on the regular general election ballot for an
31 unopposed retention election every sixth year.
32 (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
33 the year the justice or judge is subject to a retention election:
34 (i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
35 in the candidate's county of residence, within the period beginning on July 1 and ending at 5
36 p.m. on July 15 in the year of a regular general election; and
37 (ii) pay a filing fee of $50.
38 (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
39 court judge is subject to a retention election:
40 (A) file a declaration of candidacy with the lieutenant governor, or with the county
41 clerk in the candidate's county of residence, within the period beginning on July 1 and ending
42 at 5 p.m. on July 15 in the year of a regular general election; and
43 (B) pay a filing fee of $25 for each judicial office.
44 (ii) If a justice court judge is appointed or elected to more than one judicial office, the
45 declaration of candidacy shall identify all of the courts included in the same general election.
46 (iii) If a justice court judge is appointed or elected to more than one judicial office,
47 filing a declaration of candidacy in one county in which one of those courts is located is valid
48 for the courts in any other county.
49 (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
50 election year:
51 (i) transmit a certified list containing the names of the justices of the Supreme Court
52 and judges of the Court of Appeals declaring their candidacy to the county clerk of each
53 county; and
54 (ii) transmit a certified list containing the names of judges of other courts declaring
55 their candidacy to the county clerk of each county in the geographic division in which the judge
56 filing the declaration holds office.
57 (b) Each county clerk shall place the names of justices and judges standing for
58 retention election in the nonpartisan section of the ballot.
59 (4) (a) At the general election, the ballots shall contain:
60 (i) at the beginning of the judicial retention section of the ballot, the following
61 statement:
62 "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
63 Commission's recommendations for each judge"; and
64 (ii) as to each justice or judge of any court to be voted on in the county, the following
65 question:
66 "Shall ______________________________(name of justice or judge) be retained in the
67 office of ___________________________? (name of office, such as "Justice of the Supreme
68 Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
69 Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
70 "Justice Court Judge of (name of county) County or (name of municipality)")
71 Yes ()
72 No ()."
73 (b) If a justice court exists by means of an interlocal agreement under Section
74 78A-7-102, the ballot question for the judge shall include the name of that court.
75 (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
76 is retained for the term of office provided by law.
77 (b) If the justice or judge does not receive more yes votes than no votes, the justice or
78 judge is not retained, and a vacancy exists in the office on the first Monday in January after the
79 regular general election.
80 (6) A justice or judge not retained is ineligible for appointment to the office for which
81 the justice or judge was defeated until after the expiration of that term of office.
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87 (7) (a) If a justice court judge is standing for retention for one or more judicial offices
88 in a county in which the judge is a county justice court judge or a municipal justice court judge
89 in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
90 combination thereof, the election officer shall place the judge's name on the county ballot only
91 once for all judicial offices for which the judge seeks to be retained.
92 (b) If a justice court judge is standing for retention for one or more judicial offices in a
93 municipality of the first, second, or third class, as described in Section 10-2-301, the election
94 officer shall place the judge's name only on the municipal ballot for the voters of the
95 municipality that the judge serves.