20A-12-201 - Judicial appointees -- Retention elections.
20A-12-201. Judicial appointees -- Retention elections.
(1) (a) Each judicial appointee to a court is subject to an unopposed retention election atthe first general election held more than three years after the judge or justice was appointed.
(b) After the first retention election:
(i) each Supreme Court justice shall be on the regular general election ballot for anunopposed retention election every tenth year; and
(ii) each judge of other courts shall be on the regular general election ballot for anunopposed retention election every sixth year.
(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in theyear the justice or judge is subject to a retention election:
(i) file a declaration of candidacy as if a candidate for multi-county office in accordancewith Section 20A-9-202; and
(ii) pay a filing fee of $50.
(b) Each justice court judge who wishes to retain office shall, in the year the justice courtjudge is subject to a retention election:
(i) file a declaration of candidacy as if a candidate for county office in accordance withSection 20A-9-202; and
(ii) pay a filing fee of $25.
(3) (a) The lieutenant governor shall, no later than September 8 of each regular generalelection year:
(i) transmit a certified list containing the names of the justices of the Supreme Court andjudges of the Court of Appeals declaring their candidacy to the county clerk of each county; and
(ii) transmit a certified list containing the names of judges of other courts declaring theircandidacy to the county clerk of each county in the geographic division in which the judge filingthe declaration holds office.
(b) Each county clerk shall place the names of justices and judges standing for retentionelection in the nonpartisan section of the ballot.
(4) At the general election, the ballots shall contain, as to each justice or judge of anycourt to be voted on in the county, the following question:
"Shall ______________________________(name of justice or judge) be retained in theoffice of ___________________________?" (name of office, such as "Justice of the SupremeCourt of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of theThird Judicial District;" "Judge of the Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county) County or (name of municipality)")
Yes ()
No ()."
(5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge isretained for the term of office provided by law.
(b) If the justice or judge does not receive more yes votes than no votes, the justice orjudge is not retained, and a vacancy exists in the office on the first Monday in January after theregular general election.
(6) A justice or judge not retained is ineligible for appointment to the office for whichthe justice or judge was defeated until after the expiration of that term of office.
Amended by Chapter 93, 2008 General Session
Amended by Chapter 225, 2008 General Session