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Rule 1-201. Membership -Election.

Intent:

Toestablish the manner of election of Council members as authorized by statute.

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

Applicability:

Thisrule shall apply to all elected members of the Council. This rule shall notapply to the Chief Justice of the Supreme Court.

Thisrule shall apply to the Boards of Judges and the Board of Commissioners of theUtah State Bar.

Asused in this rule, unless the context indicates otherwise, "Board"includes the Boards of Judges and the Board of Commissioners of the Utah StateBar.

Statement of the Rule:

(1)The composition of the Council, the term of office of elected Council members,and the electorate of elected Council members shall be as prescribed by law.The term of office of all elected Council members shall begin with the Council meetingimmediately following the annual judicial conference.

(2)Election of Council members from courts of record shall take place at theannual judicial conference. Election of Council members from courts not ofrecord shall take place at the annual spring training conference of the justicecourt judges. Election of the representative of the Utah State Bar shall takeplace at a regularly scheduled meeting of the Board of Commissioners.

(3)(A)If a judicial member of the Council who represents a trial court is unable tocomplete a term of office, the Board for the court represented by that membershall appoint a judge to serve on the Council until the next judicialconference or the next spring training conference as the case may be. At suchconference, the judges shall elect a member to the Council to serve for theunexpired portion of the original term. If a judicial member of the Council whorepresents an appellate court is unable to complete a term of office, themembers of that court shall appoint a judge to serve on the Council until theexpiration of the vacated term.

(3)(B)If the representative of the Utah State Bar is unable to complete a term ofoffice, the Board of Commissioners shall elect a member or ex officio member ofthe Board of Commissioners to serve for the unexpired portion of the originalterm.

(3)(C)No person shall serve on the Judicial Council for more than two consecutive termsand the remainder of a predecessor?s term.

(4)The Boards shall develop procedures for the nomination and election of Councilmembers and shall certify to the Council the names of the members elected. TheBoards shall give due regard to geographic representation, security of theelection, timely publication of Council vacancies or expired terms, and ease ofadministration.

(5)When a judicial member of the Council is unable to attend a Council meeting,that member may designate a judge from the same level of court to attend theCouncil meeting and observe the proceedings. When the representative of theUtah State Bar is unable to attend a Council meeting, that member may designatea member or ex officio member of the Board of Commissioners to attend the Councilmeeting and observe the proceedings. The designee shall be provided with a copyof the Council agenda and other meeting materials, and may attend the open andclosed sessions of the meeting. The designee may participate in the generaldiscussion of agenda items but may not make motions or vote on Council issues.

(6)Council members or their designated substitutes may be reimbursed for actualand necessary expenses incurred in the execution of their duties as Councilmembers.

(7)Council members shall not be eligible to serve as voting members of a Board ofJudges of a trial court or to serve as members of the standing committees ofthe Council. The representative of the Utah State Bar may vote at meetings ofthe Board of Commissioners if permitted to vote under rules governing theconduct of the Board of Commissioners.

 

EffectiveMay 1, 2018