Rule 11-202. Judges pro tempore.
To establish guidelines for the qualifications andauthority and a procedure for the appointment of judges pro tempore.
This rule shall apply to the judiciary and the members of the Utah StateBar.
Statement of the Rule:
(1)(A) Judges pro tempore shall be citizens of the United States, residentsof the State of Utah, and shall have been admitted to the practice of law inUtah for a minimum of four years.
(1)(B) Judges pro tempore must possess ability in the types of cases to beassigned and good character.
(1)(C) A judge pro tempore assigned small claims cases shall complete asmall claims orientation program within one year after appointment andthereafter complete at least three hours of small claims education annually.The administrative office of the courts shall offer appropriate educationopportunities.
(2)(A) Appointments under sections (3)(A) and(3)(B).
(2)(A)(i) The Administrative Office shalldistribute applications for judges pro tempore to all court executives. Theapplication shall make appropriate inquiry concerningan applicant's professional qualifications, physical and mental health,character, and potential areas of conflict of interest.
(2)(A)(ii) A person interested in an appointment as a judge pro temporeshall complete the application and submit it with a resume to the presidingjudge.
(2)(A)(iii) Upon receipt of an application, the presiding judge shall filethe application and resume with the Administrative Office and certify that:
(2)(A)(iii)(a) the applicant is qualified;
(2)(A)(iii)(b) there is an extraordinary need forthe appointment;
(2)(A)(iii)(c) all other options to accommodate theneed have been exhausted; and
(2)(A)(iii)(d) the matters to be assigned aresuitable for consideration by a judge pro tempore.
(2)(B) Appointments under section (3)(C).
(2)(B)(i) The Administrative Office shall preparea press release similar in content and format to a press release for a judicialvacancy. The Administrative Office shall provide the press release to the SaltLake Tribune, the Deseret News, local newspapers with circulation within thegeographic venue of the court and the Utah Bar Journal, if the timing of theannouncement is such that publication in the Journal would be effective. TheAdministrative Office of the Courts shall also provide the press release to anylocal bar associations within the geographic venue of the court. TheAdministrative Office may provide the press release to any other organizationor individual capable of notifying persons qualified for the office.
(2)(B)(ii) A person interested in an appointment as a judge pro temporeshall complete the application and submit it with a resume to theAdministrative Office.
(2)(B)(iii) The presiding judge of the court to be served by the judge protempore shall appoint a selection committee to make recommendations regardingappointment.
(2)(B)(iv) The presiding judge shall submit to theSupreme Court the name of the applicant recommended for appointment and theapplication, resume and results of the records check for the applicant. Thepresiding judge shall certify that:
(2)(B)(iv)(a) theapplicant is the most qualified;
(2)(B)(iv)(b) there is anextraordinary need for the appointment;
(2)(B)(iv)(c) all otheroptions to accommodate the need have been exhausted; and
(2)(B)(iv)(d) the mattersto be assigned are suitable for consideration by a judge pro tempore.
(2)(C)(i) Upon receipt of the application andresume, the Administrative Office shall conduct a check of Utah records todetermine whether the applicant has been:
(2)(C)(ii) For appointments under sections (3)(A) and (3)(B), theAdministrative Office shall deliver the application and resume, certificationby the presiding judge, and the results of the records check to the SupremeCourt. For appointments under section (3)(C), theAdministrative Office shall deliver the application and resume and the resultsof the records check to the presiding judge.
(3) Appointment. The Supreme Court, through the Chief Justice, may appointjudges pro tempore to serve on any trial court:
(3)(A) on a case by case basis;
(3)(B) for a period of time not to exceed two years for small claims casesor petitions against minors for possession or use of tobacco; or
(3)(C) for a period of time not to exceed sixmonths for other cases.
(4) Upon the request of the presiding judge, the Supreme Court, through theChief Justice, may appoint a justice court judge or a court commissioner as ajudge pro tempore for a period of time not to exceed five days. Subsection (2)does not apply to appointments under this subsection.
(5) Removal - Oath - Authority.
(5)(A) Regardless of the stated period of appointment or appointment on acase by case basis under subpart (3), the office of judge pro tempore is heldat the will of the Supreme Court. The Supreme Court may withdraw an order ofappointment with or without cause by providing notice of the order ofwithdrawal to the appointee.
(5)(B) A person appointed to the position of a judge pro tempore shall takeand subscribe to an oath of office upon the first appointment in that court.
(5)(C) Judges pro tempore shall have all the power and authority of thejudges of that court during the period of appointment except that they shallnot exercise judicial authority beyond the case to which they are assigned suchas the performance of marriages. A judge pro tempore shall have all of theprivileges and immunities of a judge with respect to the case or cases to whichthe judge pro tempore is assigned.
(6) Limit on reappointment. Any appointment made under subpart (3
(7)(A) Except as provided in this subpart, judges pro tempore shall servewithout compensation.
(7)(B) Judges pro tempore may receive reimbursement for necessary travel expensesactually incurred in the performance of their duties.
(7)(C) Judges pro tempore employed by the courts in another capacity shallnot receive additional compensation.
(7)(D) Judges pro tempore appointed under subpart (3)(C)may be compensated upon the written request of the presiding judge(s) and withthe concurrence of the Chief Justice and the State Court Administrator.