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H.B. 18
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JUDICIAL RETENTION ELECTION
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Katherine M. Bryson
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AN ACT RELATING TO THE ELECTION CODE; MODIFYING REQUIREMENTS FOR
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JUDICIAL RETENTION ELECTIONS; AND MAKING TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-12-201, as last amended by Chapter 183, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-12-201
is amended to read:
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20A-12-201. Judicial appointees -- Retention elections.
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(1) (a) Each appointee to a court of record is subject to an unopposed retention election
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at the first general election held more than three years after the judge or justice was appointed.
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(b) After the first retention election:
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(i) each Supreme Court justice shall be on the regular general election ballot for an
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unopposed retention election every tenth year; and
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(ii) each judge of other courts of record shall be on the regular general election ballot for
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an unopposed retention election every sixth year.
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(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in the
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year the justice or judge is subject to a retention election:
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(i) file a declaration of candidacy as if a candidate for multi-county office in accordance
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with Section
20A-9-202
; and
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(ii) pay a filing fee of $50.
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(b) Each county justice judge who wishes to retain office shall, in the year the justice or
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judge is subject to a retention election:
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(i) file a declaration of candidacy as if a candidate for county office in accordance with
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Section
20A-9-202
; and
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(ii) pay a filing fee of $25.
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(3) (a) The lieutenant governor shall, by September 1 of each regular general election year:
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(i) transmit a certified list containing the names of the justices of the Supreme Court and
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judges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
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(ii) transmit a certified list containing the names of judges of other courts of record
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declaring their candidacy to the county clerk of each county in the geographic division in which
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the judge filing the declaration holds office.
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(b) Each county clerk shall place the names of justices and judges standing for retention
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election in the nonpartisan section of the ballot.
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(4) At the general election, the ballots shall contain, as to each justice or judge of any court
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of record to be voted on in the county, the following question:
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"Shall ______________________________(name of justice or judge) be retained in the
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office of ___________________________?" (name of office, such as "Justice of the Supreme
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Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the Third
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Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "County
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Justice Judge of (name of county) County")
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Yes ()
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No ()."
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(5) (a) If the justice or judge receives h [
65%
]
55%
h or more yes votes [than no votes], the
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justice
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or judge is retained for the term of office provided by law.
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(b) If the justice or judge receives [more no votes] less than h [
65%
]
55%
h yes votes, the
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justice or
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judge is not retained, and a vacancy exists in the office on the first Monday in January after the
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regular general election.
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(6) A justice or judge not retained is ineligible for appointment to the office for which the
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justice or judge was defeated until after the expiration of that term of office.
Legislative Review Note
as of 12-9-99 9:25 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.