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UCJA Rule 11-201 (Code of Judicial Administration)

 

Rule 11-201. Senior Judges.
Rule printed on November 28, 2022 at 8:45 am. Go to https://www.utcourts.gov/rules for current rules.
Effective: 6/28/2021

Intent:

To establish the qualifications, term, authority, appointment and assignment for senior judges.

Applicability:

This rule shall apply to judges of courts of record.

The term "judge" includes justices of the Supreme Court.

Statement of the Rule:

(1) Qualifications.

(1)(A) A judge may apply to become a senior judge, on either inactive or active status.

(1)(B) Inactive senior judge. A judge is qualified to be an inactive senior judge if the judge:

(1)(B)(i)was retained in the last election for which the judge stood for election;

(1)(B)(ii) voluntarily resigned from judicial office, retired upon reaching the mandatory retirement age, or, if involuntarily retired due to disability, recovered from or accommodated that disability;

(1)(B)(iii) demonstrates appropriate ability and character;

(1)(B)(iv) is admitted to the practice of law in Utah, but does not practice law;

(1)(B)(v) is eligible to receive compensation under the Judges’ Retirement Act, subject only to attaining the appropriate age; and

(1)(B)(vi) is appointed by the Supreme Court.

(1)(C) Active senior judge. A judge is qualified to be an active senior judge if the judge:

(1)(C)(i) meets the qualifications of an inactive senior judge;

(1)(C)(ii) is a current resident of Utah and is available to take cases;

(1)(C)(iii) is physically and mentally able to perform the duties of judicial office;

(1)(C)(iv) maintains familiarity with current statutes, rules, case law, court case management systems, such as CORIS for district courts, and CARE for juvenile courts, Workspace and remote hearing technology;

(1)(C)(v) satisfies the education requirements of an active judge set forth in Rule 3-403;

(1)(C)(vi) attends the annual judicial conference;

(1)(C)(vii) accepts assignments, subject to being called, at least two days per calendar year;

(1)(C)(viii) conforms to the Code of Judicial Conduct, the Code of Judicial Administration and rules of the Supreme Court;

(1)(C)(ix) obtains results on the most recent judicial performance evaluation prior to termination of service sufficient to have been recommended for retention regardless of whether the evaluation was conducted for self-improvement or certification;

(1)(C)(x) continues to meet the requirements for judicial retention as those requirements are determined by the Judicial Council to be applicable to active senior judges;

(1)(C)(xi) undergoes a performance evaluation every eighteen months following an initial term as an active senior judge;

(1)(C)(xii) takes and subscribes an oath of office to be maintained by the state court administrator or the administrator’s designee; and

(1)(C)(xiii) is appointed by the Supreme Court as an active senior judge

(2) Disqualifications. A judge is not qualified to be an active senior judge if the judge:

(2)(A) was removed from office or involuntarily retired on grounds other than disability;

(2)(B) was suspended during the judge’s final term of office or final six years in office, whichever is greater;

(2)(C) has resigned from office as a result of negotiations with the Judicial Conduct Commission or while a complaint against the applicant was pending before the Supreme Court or pending before the Judicial Conduct Commission after a finding of reasonable cause; and

(2)(D) has been subject to any order of discipline for conduct as a senior judge.

(3) Term of office.

(3)(A) The initial term of office of an inactive senior judge is until December 31 of the second year following appointment. The initial term of office of an active senior judge less than age 75 years is until December 31 of the second year following appointment or until December 31 of the year in which the judge reaches age 75, whichever is shorter. The initial term of office of an active senior judge age 75 years or more is until December 31 of the year following appointment.

(3)(B) A subsequent term of office of an inactive senior judge is for three years. A subsequent term of office of an active senior judge is three years or until December 31 of the year in which the judge reaches age 75, whichever is shorter. The subsequent term of office of an active senior judge age 75 years or more is for one year.

(3(C) All subsequent appointments begin on January 1.

(3)(D) The Supreme Court may withdraw an appointment with or without cause.

(4) Authority. An active or inactive senior judge may solemnize marriages. An active senior judge, during an assignment, has all the authority of the office of a judge of the court to which the assignment is made.

(5) Application and appointment.

(5)(A) To be appointed a senior judge a judge shall apply to the Judicial Council for either inactive or active status and shall submit relevant information as requested by the Judicial Council.

(5)(B) The applicant shall:

(5)(B)(i) provide the Judicial Council with the record of all orders of discipline entered by the Supreme Court;

(5)(B)(ii) declare whether at the time of the application there is any complaint against the applicant pending before the Supreme Court or pending before the Judicial Conduct Commission after a finding of reasonable cause; and

(5)(B)(iii) declare whether at the time of the application there is any criminal charge, other than an infraction, pending against the applicant.

(5)(B)(iv) Judges who decline to participate in an attorney survey in anticipation of retirement may use the results of an earlier survey to satisfy paragraph (1)(C)(ix).

(5)(C)(i) After considering all information, including any performance evaluation conducted under rule 3-111, the most recent Judicial Performance Evaluation Commission evaluations, and the need for senior judges, the Judicial Council shall notify the Supreme Court that:

(5)(C)(ii) the applicant meets the qualifications for appointment as an inactive or active senior judge, and the Council recommends the appointment of the applicant as an inactive or active senior judge;

(5)(C)(iii) the applicant meets the qualifications for appointment as an inactive or active senior judge, but based on the need for senior judges at the time of application, the Council does not recommend appointment of the applicant; or

(5)(C)(iv) the applicant does not meet the qualifications for appointment as an inactive or active senior judge.

(6)(A) The Judicial Council shall inform an applicant, in writing, if the Judicial Council notifies the Supreme Court that the applicant does not meet qualifications for appointment or if the Council does not recommend appointment.

(6)(B) An applicant who receives notice from the Judicial Council under paragraph (6)(A), may, within 14 days of the date the Judicial Council sent the notice, submit to the Supreme Court a written explanation on why the applicant should be appointed as an inactive senior judge or active senior judge.

(6)(C) The Supreme Court shall review each applicant’s information and the recommendation of the Judicial Council. With the concurrence of a majority of the members of the Supreme Court, the Chief Justice may appoint the judge as an inactive senior judge or active senior judge.

(7) Assignment.

(7)(A) An active senior judge may be assigned to any court other than the Supreme Court.

(7)(B) The state court administrator or the administrator’s designee shall provide such assistance to the presiding judge and chief justice as requested and shall exercise such authority in making assignments as delegated by the presiding judge and chief justice.

(7)(C) Notice of an assignment made under this rule shall be in writing and maintained by the state court administrator or the administrator’s designee.

(8) Changes to senior judge status.

(8)(A)(i) An active senior judge may convert to inactive status during the term of appointment if the senior judge sends written notice of the change in status to the chief justice of the Supreme Court and the state court administrator or the administrator’s designee. An active senior judge who converts to inactive status may not receive an incentive benefit under Rule 3-501 while on inactive status.

(8)(A)(ii) A senior judge who converts to inactive status under (8)(A)(i) may return to active status for the remainder of the senior judge’s unexpired term if the senior judge sends written notice of the judge’s intent to return to active status to the chief justice of the Supreme Court and to the state court administrator or the administrator’s designee.

(8)(B) A senior judge who resigns from senior judge service during the term of appointment shall send written notice to the chief justice of the Supreme Court and to the state court administrator or the administrator’s designee.


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Page Last modified: 3/29/2022

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