1     
JUSTICE COURT JUDGE ELECTIONS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Hawkins

5     
Senate Sponsor: Todd D. Weiler

6     

7     LONG TITLE
8     Committee Note:
9          The Judiciary Interim Committee recommended this bill.
10               Legislative Vote:     14 voting for     0 voting against     3 absent
11     General Description:
12          This bill amends provisions related to retention elections for justice court judges.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends the ballot requirements for a retention election of a justice court judge; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-12-201, as last amended by Laws of Utah 2020, Chapter 401
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-12-201 is amended to read:
27          20A-12-201. Judicial appointees -- Retention elections.

28          (1) (a) Each judicial appointee to a court is subject to an unopposed retention election
29     at the first general election held more than three years after the judge or justice was appointed.
30          (b) After the first retention election:
31          (i) each Supreme Court justice shall be on the regular general election ballot for an
32     unopposed retention election every tenth year; and
33          (ii) each judge of other courts shall be on the regular general election ballot for an
34     unopposed retention election every sixth year.
35          (2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
36     the year the justice or judge is subject to a retention election:
37          (i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
38     in the candidate's county of residence, within the period beginning on July 1 and ending at 5
39     p.m. on July 15 in the year of a regular general election; and
40          (ii) pay a filing fee of $50.
41          (b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
42     court judge is subject to a retention election:
43          (A) file a declaration of candidacy with the lieutenant governor, or with the county
44     clerk in the candidate's county of residence, within the period beginning on July 1 and ending
45     at 5 p.m. on July 15 in the year of a regular general election; and
46          (B) pay a filing fee of $25 for each judicial office.
47          (ii) If a justice court judge is appointed or elected to more than one judicial office, the
48     declaration of candidacy shall identify all of the courts included in the same general election.
49          (iii) If a justice court judge is appointed or elected to more than one judicial office,
50     filing a declaration of candidacy in one county in which one of those courts is located is valid
51     for the courts in any other county.
52          (3) (a) The lieutenant governor shall, no later than August 31 of each regular general
53     election year:
54          (i) transmit a certified list containing the names of the justices of the Supreme Court
55     and judges of the Court of Appeals declaring their candidacy to the county clerk of each
56     county; and
57          (ii) transmit a certified list containing the names of judges of other courts declaring
58     their candidacy to the county clerk of each county in the geographic division in which the judge

59     filing the declaration holds office.
60          (b) Each county clerk shall place the names of justices and judges standing for
61     retention election in the nonpartisan section of the ballot.
62          (4) (a) At the general election, the ballots shall contain:
63          (i) at the beginning of the judicial retention section of the ballot, the following
64     statement:
65          "Visit judges.utah.gov to learn about the Judicial Performance Evaluation
66     Commission's recommendations for each judge"; and
67          (ii) as to each justice or judge of any court to be voted on in the county, the following
68     question:
69          "Shall ______________________________(name of justice or judge) be retained in the
70     office of ___________________________? (name of office, such as "Justice of the Supreme
71     Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
72     Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
73     "Justice Court Judge of (name of county) County or (name of municipality)")
74          Yes ()
75          No ()."
76          (b) If a justice court exists by means of an interlocal agreement under Section
77     78A-7-102, the ballot question for the judge shall include the name of that court.
78          (5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
79     is retained for the term of office provided by law.
80          (b) If the justice or judge does not receive more yes votes than no votes, the justice or
81     judge is not retained, and a vacancy exists in the office on the first Monday in January after the
82     regular general election.
83          (6) A justice or judge not retained is ineligible for appointment to the office for which
84     the justice or judge was defeated until after the expiration of that term of office.
85          [(7) If a justice court judge is standing for retention for more than one office, the
86     county clerk shall place the judge's name on the ballot separately for each office. If the justice
87     court judge receives more no votes than yes votes in one office, but more yes votes than no
88     votes in the other, the justice court judge shall be retained only in the office for which the judge
89     received more yes votes than no votes.]

90          (7) (a) If a justice court judge is standing for retention for one or more judicial offices
91     in a county in which the judge is a county justice court judge or a municipal justice court judge
92     in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any
93     combination thereof, the election officer shall place the judge's name on the county ballot only
94     once for all judicial offices for which the judge seeks to be retained.
95          (b) If a justice court judge is standing for retention for one or more judicial offices in a
96     municipality of the first, second, or third class, as described in Section 10-2-301, the election
97     officer shall place the judge's name only on the municipal ballot for the voters of the
98     municipality that the judge serves.