Rule 11-201. Senior judges.
Intent:
To establish
the qualifications, term, authority, appointment and assignment for senior
judges and active 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) Senior
Judge. To be a senior judge, a judge shall:
(1)(A)(i) have been retained in the last election for which the
judge stood for election;
(1)(A)(ii) have
voluntarily resigned from judicial office, retired upon reaching the mandatory
retirement age, or, if involuntarily retired due to disability, shall have
recovered from or shall have accommodated that disability;
(1)(A)(iii)
demonstrate appropriate ability and character;
(1)(A)(iv) be
admitted to the practice of law in Utah, but shall not practice law; and
(1)(A)(v) be
eligible to receive compensation under the Judges’ Retirement Act, subject only
to attaining the appropriate age.
(1)(B) Active
Senior Judge. To be an active senior judge, a judge shall:
(1)(B)(i) meet the qualifications of a senior judge;
(1)(B)(ii) be
physically and mentally able to perform the duties of judicial office;
(1)(B)(iii)
maintain familiarity with current statutes, rules and case law;
(1)(B)(iv)
satisfy the education requirements of an active judge;
(1)(B)(v)
attend the annual judicial conference;
(1)(B)(vi)
accept assignments, subject to being called, at least two days per calendar
year;
(1)(B)(vii)
conform to the Code of Judicial Conduct, the Code of Judicial Administration
and rules of the Supreme Court;
(1)(B)(viii)
obtain attorney survey results on the final judicial performance evaluation
survey conducted prior to termination of service sufficient to have been
certified for retention election regardless whether the survey was conducted
for self improvement or certification;
(1)(B)(ix)
continue to meet the requirements for certification for judicial retention
election as those requirements are determined by the Judicial Council to be
applicable to active senior judges; and
(1)(B)(x) take
and subscribe an oath of office to be maintained by the state court
administrator.
(2)
Disqualifications. To be an active senior judge, a judge:
(2)(A) shall
not have been removed from office or involuntarily retired on grounds other
than disability;
(2)(B) shall
not have been suspended during the judge’s final term of office or final six
years in office, whichever is greater;
(2)(C) shall
not have 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) shall
not have 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 a 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 a 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. The Supreme Court may withdraw an appointment
with or without cause.
(3)(D) The term
of office of senior judges and active senior judges in office on November 1,
2005 shall continue until December 31 of the year in which their terms would
have expired under the former rule.
(4) Authority.
A senior judge may solemnize marriages. In addition to the authority of a
senior judge, 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 or active senior judge a judge shall apply to the
Judicial Council and 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; and
(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.
(5)(C) The
Judicial Council may apply to the judicial performance evaluation information
the same standards and discretion provided for in Rule 3-111.05. After
considering all information the Judicial Council may certify to the Supreme
Court that the applicant meets the qualifications of a senior judge or active
senior judge and the Chief Justice may appoint the judge as a senior judge or
active senior judge.
Judges who
declined, under former Rule 3-111, to participate in an attorney survey in
anticipation of retirement may use the results of an earlier survey to satisfy
Subsection (1)(B)(viii).
(6) Assignment.
(6)(A) With the
consent of the active senior judge, the presiding judge may assign an active
senior judge to a case or for a specified period of time. Cumulative
assignments under this subsection shall not exceed 60 days per calendar year
except as necessary to complete an assigned case.
(6)(B) In
extraordinary circumstances and with the consent of the active senior judge,
the chief justice may assign an active senior 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
subsection (6)(A). To request an assignment under this subsection, the
presiding judge shall certify that there is an extraordinary need. The state
court administrator shall certify whether there are funds available to support
the assignment.
(6)(C) An
active senior judge may be assigned to any court other than the Supreme Court.
(6)(D) The
state court administrator 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.
(6)(E) Notice
of an assignment made under this rule shall be in writing and maintained by the
state court administrator.