Utah Courts
UCJA Rule 11-203 (Code of Judicial Administration)
UCJA Rule 11-203 (Code of Judicial Administration)
Rule 11-203. Senior justice court judges.
Intent:
To establish the qualifications, term, authority, appointment, reappointment, and assignment for senior justice court judges.
Applicability:
This rule applies to senior judges of courts not of record.
Statement of the Rule:
(a) Qualifications. A judge may apply to become a senior justice court judge, on either inactive or active status.
(1) Inactive senior justice court judge. A judge is qualified to be an inactive senior justice court judge if the judge:
(A) was retained in the last election for which the judge stood for election;
(B) voluntarily resigned from judicial office, been laid off pursuant to a reduction in force, voluntarily retired, or, involuntarily retired due to disability, but recovered from or accommodated that disability;
(C) did not resign from office as a result of negotiations with the Judicial Conduct Commission or while a complaint against the judge was pending before the Supreme Court or pending before the Judicial Conduct Commission;
(D) has not been subject to any order of discipline for conduct as a judge;
(E) does not have any criminal charge, other than an infraction, pending at the time of the application;
(F) demonstrates appropriate ability and character;
(G) has been in office for at least five years; and
(H) complies with the restrictions on secondary employment provided by the Utah Code.
(2) Active senior justice court judge. A judge is qualified to be an active senior justice court judge if the judge:
(A) meets the qualifications of an inactive senior justice court judge;
(B) was not suspended during the judge’s final term of office or final six years in
office, whichever is greater;
(C) is a current resident of Utah and is available to take cases;
(D) is physically and mentally able to perform the duties of judicial office;
(E) is familiar with current statutes, rules, case law, and court case management systems;
(F) satisfies the education requirements set forth in Rule 3-403; and
(G) agrees to conform to the Code of Judicial Administration and the Code of Judicial Conduct and other rules of the Supreme Court.
(b) Application and appointment.
(1)To be appointed a senior justice court judge, a judge must:
(A) Submit an application to the Administrative Office of the Courts (AOC) on a form provided by the AOC.
(B) Declare on the application that the applicant meets each relevant qualification as set forth in paragraph (a).
(C) If applying for active senior justice court judge status, submit results on the most recent judicial performance evaluation prior to termination of service sufficient to have been recommended for retention.
(2) After receiving the required senior judge application, the AOC will provide the application to the Judicial Council, and a copy to the applicant. For applicants for active senior justice court judge status, the AOC will also provide the most recent judicial performance evaluation to the Judicial Council, and a copy to the applicant.
(3) After considering all information in a session closed in compliance with Rule 2-103, the Judicial Council will determine and notify the Supreme Court whether the applicant meets the qualifications for an appointment as an active or inactive senior justice court judge.
(4) The Judicial Council will inform an applicant, in writing, if the Judicial Council notifies the Supreme Court that the applicant does not meet qualifications for appointment.
(5) An applicant who receives notice from the Judicial Council under paragraph (4) may, within 14 days of the date the Judicial Council sent the notice, submit to the Appellate Court Administrator a written explanation on why the applicant should be appointed as an active or inactive justice court senior judge.
(6) The Supreme Court will review each applicant’s information. With the concurrence of a majority of the members of the Supreme Court, the Chief Justice may appoint the judge as an active or inactive senior justice court judge.
(7) Active senior justice court judges must take and subscribe an oath of office with the original to be maintained by the State Archives and a copy to be maintained by the state court administrator or the administrator’s designee.
(c) Reappointment qualifications.
(1) An active senior justice court judge is qualified for reappointment if the judge:
(A) is physically and mentally able to perform the duties of judicial office;
(B) maintains familiarity with current statutes, rules, case law, and court case management systems;
(C) satisfied the education requirement of completing 30 hours of education per fiscal year as set forth in Rule 3-403;
(D) volunteered for a minimum of two case assignments per fiscal year during the current term, subject to being called;
(E) continues to conform to the Code of Judicial Administration and the Code of Judicial Conduct and other rules of the Supreme Court; and
(F) continues to meet the qualifications for an active senior justice court judge set forth paragraph (a)(2).
(2) An inactive senior justice court judge is qualified for reappointment if the judge continues to meet qualifications set forth in paragraph (a)(1).
(d) Reappointment applications. To be reappointed as a senior justice court judge, a judge must apply to the Judicial Council for either inactive or active status.
(1) Active and inactive senior justice court judges seeking reappointment must submit the senior judge application by February 1 in the last year of their current term.
(A) An applicant for active senior justice court judge status must submit an application to the AOC declaring whether the applicant meets qualifications as an active senior justice judge set forth in paragraphs (a)(2) and (c).
(B) An applicant for inactive senior justice court judge status must submit an application to the AOC declaring whether the judge continues to meet qualifications set forth in paragraph (a)(1).
(2) After receiving an application, the AOC will, for active senior judges, assemble the judicial education records, records of formal and informal sanctions, recommendation from the Board of Justice Court Judges, and any information requested by the Judicial Council. The AOC will provide the application and any assembled information to the Judicial Council, with a copy to the applicant for reappointment as an active or inactive senior justice court judge.
(3) After considering all information in a session closed in compliance with Rule 2-103, the Judicial Council will determine whether:
(A) The applicant for reappointment as an active senior justice court judge meets qualifications for reappointment set forth in paragraphs (a)(2) and (c).
(B) The applicant for reappointment as an inactive senior justice court judge meets qualifications for reappointment set forth in paragraph (a)(1).
(4) If the Judicial Council finds that the applicant does not meet qualifications for reappointment, the Council will:
(A) Notify the applicant of the Judicial Council’s decision within five days of the Judicial Council’s meeting, including a description of the reasons for the Council’s decision;
(B) Invite the applicant to meet with the Judicial Council and provide information challenging the Judicial Council’s decision on qualifications; and
(C) In a session closed in compliance with Rule 2-103, review information challenging the Council’s decision and provide the applicant adequate time to present evidence and arguments in favor of reappointment.
(5) The Judicial Council will:
(A) In an open session, approve its final decisions regarding each applicant’s qualifications for reappointment as a senior justice court judge;
(B) Notify the applicant in writing if the Judicial Council’s final decision is that the applicant does not meet the qualifications for reappointment; and
(C) Notify the Supreme Court of the final decisions regarding each applicant’s qualifications for reappointment as a senior justice court judge.
(6) An applicant who receives notice from the Judicial Council under paragraph (5) may, within 14 days of the date the Judicial Council sent the notice, submit to the Appellate Court Administrator a written explanation on why the applicant should be reappointed as an inactive senior justice court judge or active senior justice court judge.
(7) The Supreme Court will review each applicant’s information. With the concurrence of a majority of the members of the Supreme Court, the Chief Justice may reappoint the judge as an inactive senior justice court judge or active senior justice court judge.
(e) Assignment.
(1) With the consent of the active senior justice court judge, the governing body for a justice court may assign an active senior justice court judge to a case or for a specified period of time. Cumulative assignments under this subsection may not exceed 60 days per calendar year except as necessary to complete an assigned case.
(2) In extraordinary circumstances and with the consent of the active senior justice court judge, the Chief Justice may assign an active senior justice court judge to address the extraordinary circumstances for a specified period of time not to exceed 60 days per calendar year, which may be in addition to assignments under paragraph (1). To request an assignment under this paragraph, the governing body must certify that there is an extraordinary need.
(3) An active senior justice court judge may be assigned to any justice court in the state.
(4) The governing body must make the assignment in writing and send a copy to the court to which the active senior justice court judge is assigned and to the state court administrator.
(f) Term of office.
(1) Active senior justice court judges. The initial term of office of an active senior justice court judge less than age 75 years is until June 30 of the second year following appointment. The initial term of office of an active senior justice court judge age 75 years or more is until June 30 of the first year following appointment. A subsequent term of office of an active senior justice court judge less than 75 years is three years or until June 30 of the year in which the judge reaches age 75, whichever is shorter. A subsequent term of office of an active senior justice court judge age 75 years or more is one year.
(2) Inactive senior justice court judges. The initial term of office of an inactive senior justice court judge is until June 30 of the third year following appointment. A subsequent term of office of an inactive senior justice court judge is three years.
(3) All subsequent appointments begin on July 1.
(4) The Supreme Court may modify the terms of or withdraw an appointment with or without cause.
(g) Authority. An active or inactive senior justice court judge may solemnize marriages and administer oaths of office. An active senior justice court judge, during an assignment, has all the authority of a justice court judge.
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