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Rule11-201. Senior Judges.

Intent:

To establish thequalifications, term, authority, appointment and assignment for senior judges.

Applicability:

This rule shall apply tojudges of courts of record.

The term "judge"includes justices of the Supreme Court.

Statement of the Rule:

(1)   Qualifications.

(1)(A) A judge may apply tobecome a senior judge, on either inactive or active status.

(1)(B) Inactive senior judge.A judge is qualified to be an inactive senior judge if thejudge:

(1)(B)(i) was retained in the last election for which the judge stood forelection;

(1)(B)(ii) voluntarilyresigned from judicial office, retired upon reaching the mandatory retirementage, or, if involuntarily retired due to disability, recovered from oraccommodated that disability;

(1)(B)(iii) demonstrates appropriateability and character;

(1)(B)(iv) is admittedto the practice of law in Utah, but does not practice law;

(1)(B)(v) is eligibleto receive compensation under the Judges? Retirement Act, subject only to attainingthe appropriate age; and

(1)(B)(vi) is appointed bythe Supreme Court.

(1)(C) Active senior judge. A judge is qualified to be an activesenior judge if the judge:

(1)(C)(i) meets thequalifications of an inactive senior judge;

(1)(C)(ii) is acurrent resident of Utah and is available to take cases;

(1)(C)(iii) is physicallyand mentally able to perform the duties of judicial office;

(1)(C)(iv) maintains familiaritywith current statutes, rules, case law, court case management systems, such as CORISfor district courts, and CARE for juvenile courts, Workspace and remote hearingtechnology;

(1)(C)(v) satisfies theeducation requirements of an active judge set forth in Rule 3-403;

(1)(C)(vi) attends theannual judicial conference;

(1)(C)(vii) accepts assignments,subject to being called, at least two days per calendar year;

(1)(C)(viii) conforms tothe Code of Judicial Conduct, the Code of Judicial Administration and rules ofthe Supreme Court;

(1)(C)(ix) obtains results on the most recent judicial performance evaluationprior to termination of service sufficient to have been recommended forretention regardless of whether the evaluation was conducted forself-improvement or certification;

(1)(C)(x) continues tomeet the requirements for judicial retention as those requirements aredetermined by the Judicial Council to be applicable to active seniorjudges; 

(1)(C)(xi) undergoes aperformance evaluation every eighteen months following an initial term as anactive senior judge;

(1)(C)(xii) takes andsubscribes an oath of office to be maintained by the state court administrator orthe administrator?s designee; and

(1)(C)(xiii) is appointed bythe Supreme Court as an active senior judge

(2) Disqualifications. Ajudge is not qualified to be an active senior judge if the judge:

(2)(A) was removed fromoffice or involuntarily retired on grounds other than disability;

(2)(B) was suspended duringthe judge?s final term of office or final six years in office, whichever isgreater;

(2)(C) has resigned fromoffice as a result of negotiations with the Judicial Conduct Commission orwhile a complaint against the applicant was pending before the Supreme Court orpending before the Judicial Conduct Commission after a finding of reasonablecause; and

(2)(D) has been subject toany order of discipline for conduct as a senior judge.

(3) Term of office.

(3)(A) The initial term ofoffice of an inactive senior judge is until December 31 of the second yearfollowing appointment. The initial term of office of an active senior judgeless than age 75 years is until December 31 of the second year followingappointment or until December 31 of the year in which the judge reaches age 75,whichever is shorter. The initial term of office of an active senior judge age75 years or more is until December 31 of the year following appointment.

(3)(B) A subsequent term ofoffice of an inactive senior judge is for three years. A subsequent term ofoffice of an active senior judge is three years or until December 31 of the yearin which the judge reaches age 75, whichever is shorter. The subsequent term ofoffice of an active senior judge age 75 years or more is for one year.

(3(C) All subsequentappointments begin on January 1.

(3)(D) The Supreme Court maywithdraw an appointment with or without cause.

(4) Authority. An active orinactive senior judge may solemnize marriages.  An active seniorjudge, during an assignment, has all the authority of the office of a judge ofthe court to which the assignment is made.

(5) Application andappointment.

(5)(A) To be appointed asenior judge a judge shall apply to the Judicial Council for either inactive oractive status and shall submit relevant information as requested by theJudicial Council.

(5)(B) The applicant shall:

(5)(B)(i) provide theJudicial Council with the record of all orders of discipline entered by theSupreme Court;

(5)(B)(ii) declare whetherat the time of the application there is any complaint against the applicantpending before the Supreme Court or pending before the Judicial ConductCommission after a finding of reasonable cause; and

(5)(B)(iii) declare whetherat the time of the application there is any criminal charge, other than aninfraction, pending against the applicant.

(5)(B)(iv) Judges who decline toparticipate in an attorney survey in anticipation of retirement may use theresults of an earlier survey to satisfy paragraph (1)(C)(ix).

(5)(C)(i) After consideringall information, including any performance evaluation conducted under rule 3-111,the most recent Judicial Performance Evaluation Commission evaluations, and theneed for senior judges, the Judicial Council shall notify the Supreme Courtthat:

(5)(C)(ii) the applicantmeets the qualifications for appointment as an inactive or active senior judge,and the Council recommends the appointment of the applicant as an inactive oractive senior judge;

(5)(C)(iii) the applicantmeets the qualifications for appointment as an inactive or active senior judge,but based on the need for senior judges at the time of application, the Councildoes not recommend appointment of the applicant; or

(5)(C)(iv) the applicant doesnot meet the qualifications for appointment as an inactive or active seniorjudge. ??

(6)(A) The Judicial Councilshall inform an applicant, in writing, if the Judicial Council notifies theSupreme Court that the applicant does not meet qualifications for appointmentor if the Council does not recommend appointment.   

(6)(B) An applicant who receivesnotice from the Judicial Council under paragraph (6)(A), may, within 14 days ofthe date the Judicial Council sent the notice, submit to the Supreme Court awritten explanation on why the applicant should be appointed as an inactivesenior judge or active senior judge. 

(6)(C) The Supreme Courtshall review each applicant?s information and the recommendation of theJudicial Council. With the concurrence of a majority of the members of theSupreme Court, the Chief Justice may appoint the judge as an inactive seniorjudge or active senior judge.

(7) Assignment.

(7)(A) An active senior judgemay be assigned to any court other than the Supreme Court.

?(7)(B) The state court administrator or theadministrator?s designee shall provide such assistance to the presiding judgeand chief justice as requested and shall exercise such authority in makingassignments as delegated by the presiding judge and chief justice.

?(7)(C) Notice of an assignment made under thisrule shall be in writing and maintained by the state court administrator or theadministrator?s designee.

(8) Changes to senior judgestatus.?

(8)(A)(i) An active senior judge may convertto inactive status during the term of appointment if the senior judge sendswritten notice of the change in status to the chief justice of the SupremeCourt and the state court administrator or the administrator?s designee. Anactive senior judge who converts to inactive status may not receive anincentive benefit under Rule 3-501 while on inactive status.

(8)(A)(ii) A senior judge who converts toinactive status under (8)(A)(i) may return to active status for the remainderof the senior judge?s unexpired term if the senior judge sends written notice ofthe judge?s intent to return to active status to the chief justice of theSupreme Court and to the state court administrator or the administrator?sdesignee.?

(8)(B) A senior judge who resigns from seniorjudge service during the term of appointment shall send written notice to the chiefjustice of the Supreme Court and to the state court administrator or theadministrator?s designee.

 

Effective June 28, 2021