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Rule 1-201. Membership - Election.

Intent:

To establish themanner of election of Council members as authorized by statute.

To establish the procedure for filling a vacancy on the Council as authorized bystatute.

Applicability:

This rule shallapply to all elected members of the Council. This rule shall not apply to theChief Justice of the Supreme Court.

This rule shallapply to the Boards of Judges and the Board of Commissioners of the Utah StateBar.

As used in thisrule, unless the context indicates otherwise, "Board" includes theBoards of Judges and the Board of Commissioners of the Utah State Bar.

Statement of theRule:

(1) The compositionof the Council, the term of office of elected Council members, and theelectorate of elected Council members shall be as prescribed by law. The termof office of all elected Council members shall begin with the October meetingof the Council.

(2) Election ofCouncil members from courts of record shall take place at the annual judicialconference. Election of Council members from courts not of record shall takeplace at the annual spring training conference of the justice court judges.Election of the representative of the Utah State Bar shall take place at aregularly scheduled meeting of the Board of Commissioners.

(3)(A) If a judicialmember of the Council who represents a trial court is unable to complete a termof office, the Board for the court represented by that member shall appoint ajudge to serve on the Council until the next judicial conference or the nextspring training conference as the case may be. At such conference, the judgesshall elect a member to the Council to serve for the unexpired portion of theoriginal term. If a judicial member of the Council who represents an appellatecourt is unable to complete a term of office, the members of that court shallappoint a judge to serve on the Council until the expiration of the vacatedterm.

(3)(B) If therepresentative of the Utah State Bar is unable to complete a term of office,the Board of Commissioners shall elect a member or ex officio member of theBoard of Commissioners to serve for the unexpired portion of the original term.

(3)(C) No personshall serve on the Judicial Council for more than two consecutive terms and theremainder of a predecessor?s term.

(4) The Boards shalldevelop procedures for the nomination and election of Council members and shallcertify to the Council the names of the members elected. The Boards shall givedue regard to geographic representation, security of the election, timelypublication of Council vacancies or expired terms, and ease of administration.

(5) When a judicialmember of the Council is unable to attend a Council meeting, that member maydesignate a judge from the same level of court to attend the Council meetingand observe the proceedings. When the representative of the Utah State Bar isunable to attend a Council meeting, that member may designate a member or exofficio member of the Board of Commissioners to attend the Council meeting andobserve the proceedings. The designee shall be provided with a copy of theCouncil agenda and other meeting materials, and may attend the open and closedsessions of the meeting. The designee may participate in the general discussionof agenda items but may not make motions or vote on Council issues.

(6) Council membersor their designated substitutes may be reimbursed for actual and necessaryexpenses incurred in the execution of their duties as Council members.

(7) Council membersshall not be eligible to serve as voting members of a Board of Judges of atrial court or to serve as members of the standing committees of the Council.The representative of the Utah State Bar may vote at meetings of the Board ofCommissioners if permitted to vote under rules governing the conduct of theBoard of Commissioners.

 

Effective May 1, 2016