78A-10-103 - Procedures governing meetings of judicial nominating commissions.
78A-10-103. Procedures governing meetings of judicial nominating commissions.
(1) The Commission on Criminal and Juvenile Justice shall:
(a) in consultation with the Judicial Council, enact rules establishing proceduresgoverning the meetings of the judicial nominating commissions in accordance with Title 63G,Chapter 3, Utah Administrative Rulemaking Act; and
(b) ensure that those procedures include:
(i) a minimum recruitment period of at least 30 days but not more than 90 days, unlessfewer than nine applications are received for a judicial vacancy, in which case the recruitmentperiod may be extended up to 30 days;
(ii) standards for maintaining the confidentiality of the applications and relateddocuments;
(iii) standards governing the release of applicant names before nomination;
(iv) standards for destroying the records of the names of applicants, applications, andrelated documents upon completion of the nominating process;
(v) an opportunity for public comment concerning the nominating process, qualificationsfor judicial office, and individual applicants;
(vi) evaluation criteria for the selection of judicial nominees;
(vii) procedures for taking summary minutes at nominating commission meetings;
(viii) procedures for simultaneously forwarding the names of nominees to the governor,the president of the Senate, and the Office of Legislative Research and General Counsel;
(ix) standards governing a nominating commissioner's disqualification and inability toserve; and
(x) procedures that require the Administrative Office of the Courts to immediatelyinform the governor when a judge is removed, resigns, or retires.
(2) In determining which of the applicants are the most qualified, the nominatingcommissions shall determine by a majority vote of the commissioners present which of theapplicants best possess the ability, temperament, training, and experience that qualifies them forthe office.
(3) (a) The appellate court nominating commission shall certify to the governor a list ofthe seven most qualified applicants per vacancy; and
(b) trial court nominating commissions shall certify to the governor a list of the five mostqualified applicants per vacancy.
(4) Nominating commissions shall ensure that the list of applicants submitted to thegovernor:
(a) meet the qualifications required by law to fill the office; and
(b) are willing to serve.
(5) In determining which of the applicants are the most qualified, nominatingcommissions may not decline to submit a candidate's name to the governor merely because:
(a) the nominating commission had declined to submit that candidate's name to thegovernor to fill a previous vacancy;
(b) a previous nominating commission had declined to submit that candidate's name tothe governor; or
(c) that nominating commission or a previous nominating commission had submitted theapplicant's name to the governor and the governor selected someone else to fill the vacancy.
(6) A judicial nominating commission may not nominate a justice or judge who was not
retained by the voters for the office for which the justice or judge was defeated until after theexpiration of that term of office.
(7) Judicial nominating commissions are exempt from the requirements of Title 52,Chapter 4, Open and Public Meetings Act.
Amended by Chapter 134, 2010 General Session