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Rule 11-203. Seniorjustice court judges.

Intent:

To establish thequalifications, term, authority, appointment and assignment for senior justicecourt judges.

Applicability:

This rule shall apply tojudges of courts not of record.

Statement of the Rule:

(1) Qualifications.

(1)(A) A judge may applyto become a senior justice court judge, on either inactive or active status.

(1)(B) Inactive SeniorJustice Court Judge. To be an inactive senior justice court judge, a judgeshall:

(1)(B)(i) have been retained in the last election forwhich the judge stood for election;

(1)(B)(ii) havevoluntarily resigned from judicial office, been laid off pursuant to areduction in force, retired upon reaching the mandatory retirement age, or, ifinvoluntarily retired due to disability, shall have recovered from or shallhave accommodated that disability;

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

(1)(B)(iv) have been in office for at least five years; and

(1)(B)(v) comply with the restrictions on secondary employmentprovided by the Utah Code.

(1)(C) Active SeniorJustice Court Judge. To be an active senior justice court judge, a judge shall:

(1)(C)(i) meet the qualifications of aninactive senior justice court judge;

(1)(C)(ii) be a current resident of Utah;

(1)(C)(iii) be physically and mentally able to perform the dutiesof judicial office;

(1)(C)(iv) maintain familiarity with current statutes, rules andcase law;

(1)(C)(v) satisfy the education requirements of an active justicecourt judge;

(1)(C)(vi) accept assignments, subject to being called, at leasttwo days per calendar year;

(1)(C)(vii) conform to the Code of Judicial Conduct, the Code ofJudicial Administration and rules of the Supreme Court;

(1)(C)(viii) haveobtained results on the most recent judicial performance evaluation prior totermination of service sufficient to have been recommended for retention,regardless of whether the evaluation was conducted for self-improvement orcertification;

(1)(C)(ix) continue to meet the requirements for judicialretention as those requirements are determined by the Judicial Council to applyto active senior justice court judges; and

(1)(C)(x) undergo a performance evaluation every eighteen monthsfollowing an initial term as an active senior judge; and

(1)(C)(xi) take and subscribe an oath of office to be maintainedby the state court administrator.

(2) Disqualifications.To be an active senior justice court judge, a judge shall not:

(2)(A) have beenremoved from office or involuntarily retired on grounds other than disability;

(2)(B) have been suspended during the judge?s final term ofoffice or final six years in office, whichever is greater;

(2)(C) have resignedfrom office as a result of negotiations with the Judicial Conduct Commission orwhile a complaint against the applicant was pending before the Supreme Court orpending before the Judicial Conduct Commission after a finding of reasonablecause; and

(2)(D) have beensubject to any order of discipline for conduct as a senior justice court judge.

(3) Term of Office.

(3)(A) The initial termof office of an inactive senior justice court judge is until December 31 of thesecond year following appointment. The initial term of office of an activesenior justice court judge less than age 75 years is until December 31 of thesecond year following appointment or until December 31 of the year in which thejudge reaches age 75, whichever is shorter. The initial term of office of anactive senior justice court judge age 75 years or more is until December 31 ofthe year following appointment.

(3)(B) A subsequent termof office of an inactive senior justice court judge is for three years. Asubsequent term of office of an active senior justice court judge is threeyears 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 justicecourt judge age 75 years or more is for one year.

(3)(C) All subsequentappointments begin on January 1. The Supreme Court may withdraw an appointmentwith or without cause.

(4) Authority. A seniorjustice court judge may solemnize marriages. An active senior justice courtjudge, during an assignment, has all the authority of a justice court judge.

(5) Application andAppointment.

(5)(A) To be appointed asenior justice court judge a judge shall apply to the Judicial Council foreither inactive or active status and shall submit relevant information asrequested by the Judicial Council.

(5)(B) The applicantshall:

(5)(B)(i) provide theJudicial Council with the record of all orders of discipline entered by theSupreme Court; and

(5)(B)(ii) declare whetherat the time of the application there is any complaint against the applicantpending before the Supreme Court or pending before the Judicial ConductCommission after a finding of reasonable cause.

(5)(C) After consideringall information, including any performance evaluation conducted under rule3-111, the Judicial Council may certify to the Supreme Court that the applicantmeets the qualifications of a senior judge or active senior judge.? The Judicial Council shall forward to, andthe Supreme Court shall review, information on all applicants.? Any applicant who is not certified by theJudicial Council may submit to the Supreme Court a written explanation on whythe applicant should be appointed as an inactive senior judge or active seniorjudge despite not being certified by the Judicial Council.? The written explanation shall be submitted tothe Supreme Court no later than 14 days after the applicant is notified thatthe applicant is not certified. With the concurrence of a majority of themembers of the Supreme Court, the Chief Justice may appoint the judge as aninactive senior judge or active senior judge.

(6) Assignment.

(6)(A) With the consent ofthe active senior justice court judge, the governing body for a justice courtmay assign an active senior justice court judge to a case or for a specifiedperiod of time. Cumulative assignments under this subsection shall not exceed60 days per calendar year except as necessary to complete an assigned case.

(6)(B) In extraordinarycircumstances and with the consent of the active senior justice court judge,the chief justice may assign an active senior justice court judge to addressthe extraordinary circumstances for a specified period of time not to exceed 60days per calendar year, which may be in addition to assignments undersubsection (6)(A). To request an assignment under this subsection, thegoverning body shall certify that there is an extraordinary need.

(6)(C) An active seniorjustice court judge may be assigned to any justice court in the state.

(6)(D) The governingbody shall make the assignment in writing and send a copy to the court to whichthe active senior justice court judge is assigned and to the state courtadministrator.

Effective November 1,2017