Utah Statutes § 20A-12-201 Judicial appointees - Retention electionsVersion dated Oct. 30, 2024
This is an older version of § 20A-12-201 Judicial appointees - Retention elections which we archived on October 30, 2024.
Statute Text
Effective Until 7/1/2024
(1)
(a)
Each judicial appointee to a court is subject to an unopposed retention election at the first general election held more than three years after the judge or justice was appointed.
(b)
After the first retention election:
(i)
each Supreme Court justice shall be on the regular general election ballot for an unopposed retention election every tenth year; and
(ii)
each judge of other courts shall be on the regular general election ballot for an unopposed retention election every sixth year.
(2)
(a)
Each justice or judge of a court of record who wishes to retain office shall, in the year the justice or judge is subject to a retention election:
(i)
file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m. on July 15 in the year of a regular general election; and
(ii)
pay a filing fee of $50.
(b)
(i)
Each justice court judge who wishes to retain office shall, in the year the justice court judge is subject to a retention election:
(A)
file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m. on July 15 in the year of a regular general election; and
(B)
pay a filing fee of $25 for each judicial office.
(ii)
If a justice court judge is appointed or elected to more than one judicial office, the declaration of candidacy shall identify all of the courts included in the same general election.
(iii)
If a justice court judge is appointed or elected to more than one judicial office, filing a declaration of candidacy in one county in which one of those courts is located is valid for the courts in any other county.
(3)
(a)
The lieutenant governor shall, no later than August 31 of each regular general election year:
(i)
transmit a certified list containing the names of the justices of the Supreme Court and judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
(ii)
transmit a certified list containing the names of judges of other courts declaring their candidacy to the county clerk of each county in the geographic division in which the judge filing the declaration holds office.
(b)
Each county clerk shall place the names of justices and judges standing for retention election in the nonpartisan section of the ballot.
(4)
(a)
At the general election, the ballots shall contain:
(i)
at the beginning of the judicial retention section of the ballot, the following statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's recommendations for each judge"; and
(ii)
as to each justice or judge of any court to be voted on in the county, the following question:
"Shall ______________________________ (name of justice or judge) be retained in the office of ___________________________ ? (name of office, such as "Justice of the Supreme Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county) County or (name of municipality)")
Yes ()
No ()."
(b)
If a justice court exists by means of an interlocal agreement under Section 78A-7-102, the ballot question for the judge shall include the name of that court.
(5)
(a)
If the justice or judge receives more yes votes than no votes, the justice or judge is retained for the term of office provided by law.
(b)
If the justice or judge does not receive more yes votes than no votes, the justice or judge is not retained, and a vacancy exists in the office on the first Monday in January after the regular general election.
(6)
A justice or judge not retained is ineligible for appointment to the office for which the justice or judge was defeated until after the expiration of that term of office.
[(7) If a justice court judge is standing for retention for more than one office, the county clerk shall place the judge's name on the ballot separately for each office. If the justice court judge receives more no votes than yes votes in one office, but more yes votes than no votes in the other, the justice court judge shall be retained only in the office for which the judge received more yes votes than no votes.]
(7)
(a)
If a justice court judge is standing for retention for one or more judicial offices in a county in which the judge is a county justice court judge or a municipal justice court judge in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any combination thereof, the election officer shall place the judge's name on the county ballot only once for all judicial offices for which the judge seeks to be retained.
(b)
If a justice court judge is standing for retention for one or more judicial offices in a municipality of the first, second, or third class, as described in Section 10-2-301, the election officer shall place the judge's name only on the municipal ballot for the voters of the municipality that the judge serves.
History
Amended by Chapter 202 , 2022 General Session , § 1 , eff. 5/4/2022 .
Amended by Chapter 401 , 2020 General Session , § 2 , eff. 5/12/2020 .
Amended by Chapter 81 , 2017 General Session , § 1 , eff. 5/9/2017 .
Amended by Chapter 207 , 2014 General Session , § 1 , eff. 5/13/2014 .
Amended by
Chapter
29
,
2011
General Session
Effective Starting 7/1/2024
(1)
(a)
Each judicial appointee to a court is subject to an unopposed retention election at the first general election held more than three years after the judge or justice was appointed.
(b)
After the first retention election:
(i)
each Supreme Court justice shall be on the regular general election ballot for an unopposed retention election every tenth year; and
(ii)
each judge of other courts shall be on the regular general election ballot for an unopposed retention election every sixth year.
(2)
(a)
Each justice or judge of a court of record who wishes to retain office shall, in the year the justice or judge is subject to a retention election:
(i)
file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m. on July 15 in the year of a regular general election; and
(ii)
pay a filing fee of $50.
(b)
(i)
Each justice court judge who wishes to retain office shall, in the year the justice court judge is subject to a retention election:
(A)
file a declaration of candidacy with the lieutenant governor, or with the county clerk in the candidate's county of residence, within the period beginning on July 1 and ending at 5 p.m. on July 15 in the year of a regular general election; and
(B)
pay a filing fee of $25 for each judicial office.
(ii)
If a justice court judge is appointed or elected to more than one judicial office, the declaration of candidacy shall identify all of the courts included in the same general election.
(iii)
If a justice court judge is appointed or elected to more than one judicial office, filing a declaration of candidacy in one county in which one of those courts is located is valid for the courts in any other county.
(3)
(a)
The lieutenant governor shall, no later than August 31 of each regular general election year:
(i)
transmit a certified list containing the names of the justices of the Supreme Court
[and]
,
judges of the Court of Appeals
, and judges of the Business and Chancery Court
declaring their candidacy to the county clerk of each county; and
(ii)
transmit a certified list containing the names of judges of other courts declaring their candidacy to the county clerk of each county in the geographic division in which the judge filing the declaration holds office.
(b)
Each county clerk shall place the names of justices and judges standing for retention election in the nonpartisan section of the ballot.
(4)
(a)
At the general election, the ballots shall contain:
(i)
at the beginning of the judicial retention section of the ballot, the following statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's recommendations for each judge"; and
(ii)
as to each justice or judge of any court to be voted on in the county, the following question:
"Shall ______________________________ (name of justice or judge) be retained in the office of ___________________________ ? (name of office, such as "Justice of the Supreme Court of Utah"; "Judge of the Court of Appeals of Utah";
"Judge of the Business and Chancery Court of Utah";
"Judge of the District Court of the Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county) County or (name of municipality)")
Yes ()
No ()."
(b)
If a justice court exists by means of an interlocal agreement under Section 78A-7-102, the ballot question for the judge shall include the name of that court.
(5)
(a)
If the justice or judge receives more yes votes than no votes, the justice or judge is retained for the term of office provided by law.
(b)
If the justice or judge does not receive more yes votes than no votes, the justice or judge is not retained, and a vacancy exists in the office on the first Monday in January after the regular general election.
(6)
A justice or judge not retained is ineligible for appointment to the office for which the justice or judge was defeated until after the expiration of that term of office.
(7)
(a)
If a justice court judge is standing for retention for one or more judicial offices in a county in which the judge is a county justice court judge or a municipal justice court judge in a town or municipality of the fourth or fifth class, as described in Section 10-2-301, or any combination thereof, the election officer shall place the judge's name on the county ballot only once for all judicial offices for which the judge seeks to be retained.
(b)
If a justice court judge is standing for retention for one or more judicial offices in a municipality of the first, second, or third class, as described in Section 10-2-301, the election officer shall place the judge's name only on the municipal ballot for the voters of the municipality that the judge serves.
History
Amended by Chapter 394 , 2023 General Session , § 2 , eff. 7/1/2024 .
Amended by Chapter 202 , 2022 General Session , § 1 , eff. 5/4/2022 .
Amended by Chapter 401 , 2020 General Session , § 2 , eff. 5/12/2020 .
Amended by Chapter 81 , 2017 General Session , § 1 , eff. 5/9/2017 .
Amended by Chapter 207 , 2014 General Session , § 1 , eff. 5/13/2014 .
Amended by
Chapter
29
,
2011
General Session