78A-3-101 - Number of justices -- Terms -- Chief justice and associate chief justice -- Selection and functions.
78A-3-101. Number of justices -- Terms -- Chief justice and associate chief justice --Selection and functions.
(1) The Supreme Court consists of five justices.
(2) A justice of the Supreme Court shall be appointed initially to serve until the firstgeneral election held more than three years after the effective date of the appointment. Thereafter, the term of office of a justice of the Supreme Court is 10 years and commences on thefirst Monday in January following the date of election. A justice whose term expires may serveupon request of the Judicial Council until a successor is appointed and qualified.
(3) The justices of the Supreme Court shall elect a chief justice from among the membersof the court by a majority vote of all justices. The term of the office of chief justice is four years. The chief justice may serve successive terms. The chief justice may resign from the office ofchief justice without resigning from the Supreme Court. The chief justice may be removed fromthe office of chief justice by a majority vote of all justices of the Supreme Court.
(4) If the justices are unable to elect a chief justice within 30 days of a vacancy in thatoffice, the associate chief justice shall act as chief justice until a chief justice is elected under thissection. If the associate chief justice is unable or unwilling to act as chief justice, the most seniorjustice shall act as chief justice until a chief justice is elected under this section.
(5) In addition to the chief justice's duties as a member of the Supreme Court, the chiefjustice has duties as provided by law.
(6) There is created the office of associate chief justice. The term of office of theassociate chief justice is two years. The associate chief justice may serve in that office no morethan two successive terms. The associate chief justice shall be elected by a majority vote of themembers of the Supreme Court and shall be allocated duties as the chief justice determines. Ifthe chief justice is absent or otherwise unable to serve, the associate chief justice shall serve aschief justice. The chief justice may delegate responsibilities to the associate chief justice asconsistent with law.
Renumbered and Amended by Chapter 3, 2008 General Session