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Rule 11-201. Senior judges.

Intent:

To establish the qualifications, term, authority, appointment andassignment for 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)A judge may apply to become a senior judge, on either inactive or activestatus.

(1)(B) Inactive Senior Judge. To be an inactive senior judge, ajudge shall:

(1)(B)(ihave beenretained in the last election for which the judge stood for election;

(1)(B)(ii) have voluntarily resigned from judicial office, retiredupon reaching the mandatory retirement age, or, if involuntarily retired due todisability, shall have recovered from or shall have accommodated that disability;

(1)(B)(iii) demonstrate appropriateability and character;

(1)(B)(iv) be admitted to thepractice of law in Utah, but shall not practice law; and

(1)(B)(v) be eligible toreceive compensation under the Judges? Retirement Act, subject only to attainingthe appropriate age.

(1)(C) Active Senior Judge. To be an active senior judge, a judgeshall:

(1)(C)(i) meetthe qualifications of an inactive senior judge;

(1)(C)(ii) be a currentresident of Utah and be available to take cases;

(1)(C)(iii) be physically andmentally able to perform the duties of judicial office;

(1)(C)(iv) maintain familiaritywith current statutes, rules and case law;

(1)(C)(v) satisfy the educationrequirements of an active judge;

(1)(C)(vi) attend the annualjudicial conference;

(1)(C)(vii) accept assignments,subject to being called, at least two days per calendar year;

(1)(C)(viii) conform to theCode of Judicial Conduct, the Code of Judicial Administration and rules of theSupreme Court;

(1)(C)(ix) have obtained results on the most recent judicialperformance evaluation prior to termination of service sufficient to have beenrecommended for retention regardless of whether the evaluation was conductedfor self-improvement or certification;

(1)(C)(x) continue to meet therequirements for judicial retention as those requirements are determined by theJudicial Council to be applicable to active senior judges; 

(1)(C)(xi) undergo aperformance evaluation every eighteen months following an initial term as anactive senior judge; and

(1)(C)(xii) take and subscribean 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 orinvoluntarily retired on grounds other than disability;

(2)(B) shall not have been suspended during the judge?sfinal term of office or final six years in office, whichever is greater;

(2)(C) shall not have resigned from office as a result ofnegotiations with the Judicial Conduct Commission or while a complaint againstthe applicant was pending before the Supreme Court or pending before theJudicial Conduct Commission after a finding of reasonable cause; and

(2)(D) shall not have been subject to any order ofdiscipline for conduct as a senior judge.

(3) Term of Office.

(3)(A) The initial term of office of an inactive senior judge isuntil December 31 of the second year following appointment. The initial term ofoffice of an active senior judge less than age 75 years is until December 31 ofthe second year following appointment or until December 31 of the year in whichthe judge reaches age 75, whichever is shorter. The initial term of office ofan active senior judge age 75 years or more is until December 31 of the yearfollowing appointment.

(3)(B) A subsequent term of office of an inactive senior judge isfor three years. A subsequent term of office of an active senior 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 judgeage 75 years or more is for one year.

(3(C) All subsequent appointments begin on January 1. The SupremeCourt may withdraw an appointment with or without cause.

(4) Authority. A senior judge may solemnize marriages.? An active senior judge, during an assignment,has all the authority of the office of a judge of the court to which theassignment is made.

(5) Application and Appointment.

(5)(A) To be appointed a senior judge a judge shall apply to theJudicial Council for either inactive or active status and shall submit relevantinformation as requested by the Judicial Council.

(5)(B) The applicant shall:

(5)(B)(i) provide the Judicial Council with the recordof all orders of discipline entered by the Supreme Court; and

(5)(B)(ii) declare whether at the time of theapplication there is any complaint against the applicant pending before theSupreme Court or pending before the Judicial Conduct Commission after a findingof reasonable cause.

(5)(C) After considering all information, including anyperformance evaluation conducted under rule 3-111, the Judicial Council maycertify to the Supreme Court that the applicant meets the qualifications of asenior judge or active senior judge.? TheJudicial Council shall forward to, and the Supreme Court shall review,information on all applicants.? Anyapplicant who is not certified by the Judicial Council may submit to theSupreme Court a written explanation on why the applicant should be appointed asan inactive senior judge or active senior judge despite not being certified bythe Judicial Council.? The writtenexplanation shall be submitted to the Supreme Court no later than 14 days afterthe applicant is notified that the applicant is not certified. With theconcurrence of a majority of the members of the Supreme Court, the ChiefJustice may appoint the judge as an inactive senior judge or active seniorjudge.

Judges who declined, under former Rule 3-111, to participate in anattorney survey in anticipation of retirement may use the results of an earliersurvey to satisfy Subsection (1)(B)(ix).

(6) Assignment.

(6)(A) With the consent of the active senior judge, the presidingjudge may assign an active senior judge to a case or for a specified period oftime. Cumulative assignments under this subsection shall not exceed 60 days percalendar year except as necessary to complete an assigned case.

(6)(B) In extraordinary circumstances and with the consent of theactive senior judge, the chief justice may assign an active senior judge toaddress the extraordinary circumstances for a specified period of time not toexceed 60 days per calendar year, which may be in addition to assignments undersubsection (6)(A). To request an assignment under this subsection, thepresiding judge shall certify that there is an extraordinary need. The statecourt administrator shall certify whether there are funds available to supportthe assignment.

(6)(C) An active senior judge may be assigned to any court otherthan the Supreme Court.

(6)(D) The state court administrator shall provide such assistanceto the presiding judge and chief justice as requested and shall exercise suchauthority in making assignments as delegated by the presiding judge and chiefjustice.

(6)(E) Notice of an assignment made under this rule shall be inwriting and maintained by the state court administrator.

Effective November 1, 2017