Rule 1-201.? Membership- Election.
To establish the manner of election of Council members asauthorized by statute.
To establish the procedure for filling a vacancy on the Council asauthorized by statute.
This ruleshall apply to all elected members of the Council. This rule shall not apply tothe Chief Justice of the Supreme Court.
This ruleshall apply to the Boards of Judges and the Board of Commissioners of the UtahState Bar.
As used inthis rule, unless the context indicates otherwise, "Board" includesthe Boards of Judges and the Board of Commissioners of the Utah State Bar.
Statement of the Rule:
(1) Thecomposition of the Council, the term of office of elected Council members, andthe electorate of elected Council members shall be as prescribed by law. Theterm of office of all elected Council members shall begin with theCouncil meeting immediately following the annual judicial conference.
(2) Electionof judicial members of the Council shall take place during the annual judicialconference at the business meeting of each respective court. Election of therepresentative of the Utah State Bar shall take place at a regularly scheduledmeeting of the Board of Commissioners.
(3) (3)(A)If a vacancy exists for a judicial member of the Council who represents a trialcourt, the Board for the court represented by that seat shall appoint a judgeto serve on the Council until the next judicial conference. At such conference,the judges shall elect a member to the Council to serve for the unexpiredportion of the original term. If a judicial member of the Council whorepresents an appellate court is unable to complete a term of office, themembers of that court shall appoint a judge to serve on the Council until theexpiration of the vacated term.
(3)(B) If the representative of the Utah State Bar is unableto complete a term of office, the Board of Commissioners shall elect a memberor ex officio member of the Board of Commissioners to serve for the unexpiredportion of the original term.
(3)(C) No person shall serve on the Judicial Council for morethan two consecutive three-year terms plus the remainder of any unexpiredportion of a term.
(4) TheBoards shall develop procedures for the nomination and election of Councilmembers and shall certify to the Council the names of the members elected. TheBoards shall give due regard to geographic representation, security of theelection, timely publication of Council vacancies or expired terms, and ease ofadministration.
(5) Whena judicial member of the Council is unable to attend a Council meeting, thatmember may designate a judge from the same level of court to attend the Councilmeeting and observe the proceedings. When the representative of the Utah StateBar is unable to attend a Council meeting, that member may designate a memberor ex officio member of the Board of Commissioners to attend the Councilmeeting and observe the proceedings. The designee shall beprovided with a copy of the Council agenda and other meeting materials,and may attend the open and closed sessions of the meeting. The designee mayparticipate in the general discussion of agenda items but may not make motionsor vote on Council issues.
(6) Councilmembers or their designated substitutes may be reimbursedfor actual and necessary expenses incurred in the execution of their duties asCouncil members.
(7) Councilmembers shall not be eligible to serve as voting members of a Board of Judgesof a trial court or to serve as members of the standing committees of theCouncil. The representative of the Utah State Bar may vote at meetings of theBoard of Commissioners if permitted to vote under rules governing the conductof the Board of Commissioners.
Effective June 22, 2020