78A-10a - Judicial Selection

Title 78A > 78A-10a

Sections (22)

General Provisions

78A-10a-101 - Definitions.

As used in this part: 78A-10a-101(1) “Commission” means a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502. 78A-10a-101(2) “Commissioner” means an individual appointed by the governor to serve on a judicial nominating commission created under Section 78A-10a-302, 78A-10a-402, or 78A-10a-502.

78A-10a-102 - Nomination, appointment, and confirmation of judges.

78A-10a-102(1) On and after July 1, 2023, judges for courts of record in this state are nominated, appointed, and confirmed in accordance with this chapter, Section 67-1-2, and Utah Constitution, Article VIII, Section 8. 78A-10a-102(2) A commission, the governor, the chief justice of the Supreme Court, and the Senate shall nominate and select judges based solely upon consideration of fitness for office without regard to any partisan political consideration.

78A-10a-103 - Judicial nominating commissions — Transition clause.

78A-10a-103(1) Except as provided in Subsection (2), an individual appointed by the governor to serve on a judicial nominating commission before July 1, 2023, is removed from the judicial nominating commission on June 30, 2023. 78A-10a-103(2) On or after May 3, 2023, but before July 1, 2023, the governor may appoint a commissioner to serve on a commission in accordance with this chapter. 78A-10a-103(3) A commissioner appointed by the governor under Subsection (2) may not begin the commissioner’s term of service until July 1, 2023. 78A-10a-103(4) Nothing in this chapter prevents the governor from appointing an individual removed from a judicial nominating commission under Subsection (1) to serve as a commissioner under this chapter on or after July 1, 2023, if the individual’s appointment meets the requirements of this chapter.

Judicial Selection Process

78A-10a-201 - State Commission on Criminal and Juvenile Justice — Duties — Rulemaking.

The State Commission on Criminal and Juvenile Justice shall: 78A-10a-201(1) enact rules establishing procedures for the meetings of a commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and 78A-10a-201(2) ensure that the rules described in Subsection (1):

comply with the requirements of this chapter; include standards that: maintain the confidentiality of applications for a judicial vacancy and related documents; address destroying the records of the names of applicants, applications, and related documents upon the completion of the judicial nomination process; and govern a commissioner’s disqualification and inability to serve; allow for public comment concerning the judicial nomination process, qualifications for judicial office, and individual applicants; include evaluation criteria for the selection of judicial nominees; and address procedures for: taking summary minutes at a commission meeting; simultaneously forwarding the names of nominees to the governor, the president of the Senate, and the Office of Legislative Research and General Counsel as described in Subsection 78A-10a-203(5); and requiring the Administrative Office of the Courts to immediately inform the governor when a judge is removed, resigns, or retires.

78A-10a-202 - Time periods — Recruitment period for judicial vacancy — Convening a judicial nominating commission.

78A-10a-202(1) Unless a hiring freeze is implemented in accordance with Section 78A-2-113, the governor shall ensure that: except as provided in Subsection (1)(a)(ii), the recruitment period to fill a judicial vacancy begins 235 days before the effective date of the judicial vacancy; if sufficient notice of a judicial vacancy is not given to the governor, the recruitment period to fill a judicial vacancy begins within 10 days after the day on which the governor receives notice; except as provided in Subsection (1)(b), the recruitment period is a minimum of at least 30 days but no more than 90 days; and the chair of the commission having authority over the vacancy convenes a meeting no more than 10 days after the close of the recruitment period. If fewer than nine applications are received for a judicial vacancy, the governor may extend the recruitment period described in Subsection (1)(a)(iii) up to 30 days. 78A-10a-202(2) If there is a hiring freeze implemented in accordance with Section 78A-2-113, the time periods described in Subsection (1) shall begin to run on the day that the hiring freeze ends.

78A-10a-203 - Procedures for judicial nomination commission — Meetings — Certification — Governor appointment.

78A-10a-203(1) A commission may: meet as necessary to perform the commission’s function; and investigate the applicants of a judicial vacancy, including seeking input from members and employees of the judiciary and the community. A commission may consult with the Judicial Council regarding the applicants for a judicial vacancy. A commission is exempt from the requirements of Title 52, Chapter 4, Open and Public Meetings Act. 78A-10a-203(2) In determining which of the applicants are the most qualified, a commission shall determine by a majority vote of the commissioners present which of the applicants best possess the ability, temperament, training, and experience that qualifies an applicant for the office. 78A-10a-203(3) Except as provided under Subsection (3)(b): the appellate court nominating commission shall certify to the governor a list of the seven most qualified applicants per judicial vacancy; a district and juvenile court nominating commission shall certify to the governor a list of the five most qualified applicants per judicial vacancy; and the business and chancery court nominating commission shall certify to the governor a list of the seven most qualified applicants per judicial vacancy. If a commission is considering applicants for more than one judicial vacancy existing at the same time and for the same court, the commission shall include one additional applicant for each additional judicial vacancy in the court in the list of applicants the commission certifies to the governor. 78A-10a-203(4) A commission shall certify a list to the governor under Subsection (3) no more than 45 days after convening in accordance with Section 78A-10a-202. 78A-10a-203(5) A commission shall, at the time that the commission certifies a list of the most qualified applicants to the governor, submit the same list to the president of the Senate, the Senate minority leader, and the Office of Legislative Research and General Counsel. 78A-10a-203(6) A commission shall ensure that the list of applicants certified to the governor:

meet the qualifications required by law to fill the office; and are willing to serve. 78A-10a-203(7) In determining which of the applicants are the most qualified, a commission may not decline to certify an applicant’s name to the governor because:

the commission declined to submit that applicant’s name to the governor to fill a previous judicial vacancy; a previous commission declined to submit that applicant’s name to the governor; or the commission or a previous commission submitted the applicant’s name to the governor and the governor selected another individual to fill the judicial vacancy. 78A-10a-203(8) A commission may not certify:

an applicant who is a justice or judge that was not retained by the voters for the office for which the justice or judge was defeated until after the expiration of that justice’s or judge’s term of office; and an applicant who has served on a commission within six months after the day on which the commission was last convened. 78A-10a-203(9) The governor shall fill a judicial vacancy within 30 days after the day on which the governor received the list of nominees from the commission. 78A-10a-203(10) If the governor fails to fill a judicial vacancy within 30 days after the day on which the governor received the list of nominees from the commission, the chief justice of the Supreme Court shall, within 20 days, appoint an applicant from the list of nominees certified to the governor by the commission.

78A-10a-204 - Senate confirmation of judicial appointments for courts of record.

78A-10a-204(1) The Senate shall:

consider and render a decision on each judicial appointment within 60 days after the day of the judicial appointment; and if necessary, convene the Senate in an extraordinary session to consider the judicial appointment. 78A-10a-204(2) If the Senate fails to approve a judicial appointment, the office is considered vacant and a new nominating process begins. 78A-10a-204(3) A judicial appointment is effective upon approval of a majority of all members of the Senate.

Appellate Court Nominating Commission

78A-10a-301 - Definitions.

As used in this part: 78A-10a-301(1) “Commission” means the Appellate Court Nominating Commission created under Section 78A-10a-302. 78A-10a-301(2) “Commissioner” means an individual appointed by the governor to serve on the Appellate Court Nominating Commission created under Section 78A-10a-302.

78A-10a-302 - Creation — Purpose.

78A-10a-302(1) There is created the Appellate Court Nominating Commission. 78A-10a-302(2) The Appellate Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Supreme Court and the Court of Appeals.

78A-10a-303 - Membership — Vacancies — Removal.

78A-10a-303(1) The Appellate Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. 78A-10a-303(2) A commissioner shall:

be a United States citizen; be a resident of Utah; and serve until the commissioner’s successor is appointed. 78A-10a-303(3) The governor may not appoint:

a commissioner to serve successive terms; or a member of the Legislature to serve as a commissioner. 78A-10a-303(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual’s appointment would ensure that the commission selects applicants without any regard to partisan political consideration. 78A-10a-303(5) The governor shall appoint the chair of the commission from among the membership of the commission. 78A-10a-303(6) The governor shall fill any vacancy on the commission caused by the expiration of a commissioner’s term. 78A-10a-303(7) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term. A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service. 78A-10a-303(8) The governor may remove a commissioner from the commission at any time with or without cause.

78A-10a-304 - Procedure — Staff.

78A-10a-304(1) Four commissioners are a quorum. 78A-10a-304(2) The governor shall appoint a member of the governor’s staff to serve as staff to the commission. 78A-10a-304(3) The governor shall:

ensure that the commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; and resolve any questions regarding the rules described in Subsection (3)(a). 78A-10a-304(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.

78A-10a-305 - Expenses — Per diem and travel.

A commissioner may not receive compensation or benefits for the commissioner’s service but may receive per diem and travel expenses in accordance with: 78A-10a-305(1) Section 63A-3-106; 78A-10a-305(2) Section 63A-3-107; and 78A-10a-305(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

District and Juvenile Court Nominating Commissions

78A-10a-401 - Definitions.

As used in this part: 78A-10a-401(1) “Commission” means a district and juvenile court nominating commission created under Section 78A-10a-402. 78A-10a-401(2) “Commissioner” means an individual appointed by the governor to serve on a district and juvenile court nominating commission created under Section 78A-10a-402.

78A-10a-402 - Creation — Purpose.

78A-10a-402(1) There is a district and juvenile court nominating commission created for each geographical division of the district and juvenile courts. 78A-10a-402(2) A district and juvenile court nominating commission shall nominate individuals to fill judicial vacancies for the district court and the juvenile court within the commission’s geographical division.

78A-10a-403 - Membership — Vacancies — Removal.

78A-10a-403(1) A district and juvenile court nominating commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. 78A-10a-403(2) A commissioner shall:

be a United States citizen; be a resident of Utah; be a resident of the geographical division to be served by the commission to which the commissioner is appointed; and serve until the commissioner’s successor is appointed. 78A-10a-403(3) The governor may not appoint:

a commissioner to successive terms; and a member of the Legislature to serve as a commissioner. 78A-10a-403(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual’s appointment would ensure that the commission selects applicants without any regard to partisan political consideration. 78A-10a-403(5) The governor shall appoint the chair of each commission from among the membership of the commission. 78A-10a-403(6) The governor shall fill any vacancy on the commission caused by the expiration of a commissioner’s term. 78A-10a-403(7) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term. A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service. 78A-10a-403(8) The governor may remove a commissioner from the commission at any time with or without cause.

78A-10a-404 - Procedure — Staff.

78A-10a-404(1) Four commissioners are a quorum. 78A-10a-404(2) The governor shall appoint a member of the governor’s staff to serve as staff for each commission. 78A-10a-404(3) The governor shall:

ensure that each commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; and resolve any questions regarding the rules. 78A-10a-404(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.

78A-10a-405 - Expenses — Per diem and travel.

A commissioner may not receive compensation or benefits for the commissioner’s service but may receive per diem and travel expenses in accordance with: 78A-10a-405(1) Section 63A-3-106; 78A-10a-405(2) Section 63A-3-107; and 78A-10a-405(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.

Business and Chancery Court Nominating Commission

78A-10a-501 - Definitions.

As used in this part: 78A-10a-501(1) “Commission” means the Business and Chancery Court Nominating Commission created in Section 78A-10a-502. 78A-10a-501(2) “Commissioner” means an individual appointed by the governor to serve on the Business and Chancery Court Nominating Commission.

78A-10a-502 - Creation.

78A-10a-502(1) There is created the Business and Chancery Court Nominating Commission. 78A-10a-502(2) The Business and Chancery Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Business and Chancery Court.

78A-10a-503 - Membership — Appointment — Vacancies — Removal.

78A-10a-503(1) The Business and Chancery Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. 78A-10a-503(2) A commissioner shall:be a United States citizen;be a resident of Utah; andserve until the commissioner’s successor is appointed. 78A-10a-503(3) The governor may not appoint:a commissioner to serve successive terms; ora member of the Legislature to serve as a member of the commission. 78A-10a-503(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual’s appointment would ensure that the commission selects applicants without any regard to partisan political consideration. 78A-10a-503(5) The governor shall appoint the chair of the commission from among the membership of the commission. 78A-10a-503(6) The governor shall fill any vacancy in the commission caused by the expiration of a commissioner’s term. 78A-10a-503(7) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term.A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service. 78A-10a-503(8) The governor may remove a commissioner from the commission at any time with or without cause.

78A-10a-504 - Procedure — Staff — Rules — Recusal.

78A-10a-504(1) Four commissioners are a quorum. 78A-10a-504(2) The governor shall appoint a member of the governor’s staff to serve as staff to the commission. 78A-10a-504(3) The governor shall:ensure that the commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; andresolve any questions regarding the rules described in Subsection (3)(a). 78A-10a-504(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.

78A-10a-505 - Expenses — Per diem and travel.

A commissioner may not receive compensation or benefits for the commissioner’s service but may receive per diem and travel expenses in accordance with: 78A-10a-505(1) Section 63A-3-106; 78A-10a-505(2) Section 63A-3-107; and 78A-10a-505(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.