78A-11-108 - Involuntary disability retirement or removal of a judge.
78A-11-108. Involuntary disability retirement or removal of a judge.
(1) The commission shall recommend and issue an order for the removal or involuntaryretirement of a judge of any court of this state, in accordance with the procedure outlined in thissection, for a disability that seriously interferes with the performance of the judge's judicialduties and which is, or is likely to become, of a permanent character.
(2) The commission shall order a medical examination and report.
(3) The commission in recommending an order of involuntary retirement or removal of ajudge for a disability, shall base it on the evaluation and recommendations submitted by one ormore medical examiners or physicians, including an examination of essential statementssubmitted by either bar or judicial associations or committees certifying that:
(a) the judge is mentally or physically disabled and this disability seriously interfereswith the performance of the judge's judicial duties; and
(b) the judge's incapacity is likely to continue and be permanent and that the judge shouldbe involuntarily retired or removed.
(4) (a) The Supreme Court shall review the commission's proceedings as to both law andfact and may permit the introduction of additional evidence.
(b) After its review, the Supreme Court shall issue its order implementing, rejecting, ormodifying the commission's order.
(5) Retirement or involuntary retirement as provided in this chapter shall be processedthrough the Utah State Retirement Office, and the judge retiring shall meet the requirements forretirement as specified in this chapter.
(6) Upon an order for involuntary retirement, the judge shall retire with the same rightsand privileges as if the judge retired pursuant to statute.
Renumbered and Amended by Chapter 3, 2008 General Session