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Rule 3-102. Assumption of judicial office.


To provide standards forqualification, training, and furnishings for judicial office.


This rule shall apply to alljudges of courts of record. Paragraphs (1) and (2) apply to judges of courtsnot of record.

Statement of the Rule:

(1) Qualification for office.

(1)(A) Under Utah ConstitutionArticle VIII, Section 8, appointment to a court of record is effective uponconfirmation by the Senate. Under Utah Code Section 78A-7-202, appointment to acourt not of record is effective upon certification by the Judicial Council.

(1)(B) An appointee to judicialoffice shall qualify for office as provided by law within 60 days after the appointmentis effective. To qualify for office judicial appointees must have appropriateresidency, take the oath of office, refrain from the practice of law and resignfrom any elective, non-judicial public office or political party office whichthey may hold. The oath of office shall be subscribed by the appointee,administered as provided by law and filed with the appropriate state, county,or municipal office and the administrative office. An appointee to judicialoffice is entitled to assume the duties of judge and be compensated for suchduties on the date he or she has qualified for office.

(1)(C) A judge elected to officeby retention election shall take and subscribe the constitutional oath oraffirmation on or before the first Monday in January following the date of theelection and shall file the oath or affirmation within 60 days with theappropriate state, county or municipal office and the administrative office.The oath of office may be administered by any person authorized to administeroaths.

(2) Education and training.Within twelve months of qualification for office, each judge is required tocomplete a program of education and training as provided by this Code and theeducation policies and procedures adopted pursuant to this Code.

(3) Furnishings. Theadministrative office shall establish a schedule for the provision andreplacement of appropriate furnishings, equipment and supplies for individualjudges. The furnishings shall include at a minimum one desk, one chair, twoside chairs, one bookcase, one credenza and one couch and shall be provided inaccordance with applicable procurement provisions. The schedule shall considersuch factors as the physical stature of successor judges, wear and tear andother damage to furnishings, and the cost and feasibility of repair rather thanreplacement. Any expenses incurred in complying with this paragraph shall beborne by the state.