16-2-512 - Recommendations classifying elected additional judges.
16-2-512. Recommendations classifying elected additional judges.
(a) Where § 16-2-506 requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the judicial council in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge or chancellor and of the part of court the judge or chancellor will serve. The recommendation shall be made by January 1 of the year in which the additional judge is to be elected and shall be made only after consultation with all other trial level judges in the district, all local bar associations in the district and any other person or group with an interest in the recommendation.
(b) The judicial council shall have thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation shall stand approved unless rejected by a two-thirds (2/3) vote of the entire council. No recommendation shall be rejected except following a public hearing of the council held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation shall be considered approved.
(c) Upon the judicial council's approval or rejection of a recommendation pursuant to this section, it shall notify the administrative director of the courts of its decision. The administrative director of the courts shall notify the presiding judge of the affected district of the council's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly.
[Acts 1984, ch. 931, § 12; 1993, ch. 66, § 18; 1993, ch. 506, § 4; 2001, ch. 268, § 2.]