To establish the orientation and testing procedure to be followed indetermining certification of proposed justice court judges.
This rule shall apply to all newly appointed justice court judges whoare not already certified judges in other justice courts in Utah. Thisrule shall not apply to active senior justice court judges.
Statement of the Rule:
(1) The Council shall schedule three orientations each year. Upon receiptof written notification of the name of a proposed judge, both the proposedjudge and the appointing authority shall be notified in writing of thedate of the next orientation, and such notification shall include a copyof this rule.
(2) At least 10 days prior to the orientation, the proposed judge shallbe sent a copy of the current Manual for Justice Court Judges.
(3) Prior to the orientation, the appointing authority shall assure,and shall notify the Council, that the proposed judge meets the statutoryqualifications for office.
(4) The orientation shall cover substantive and procedural issues pertinentto justice courts as outlined in the Manual for Justice Court Judges.
(5) Upon completion of the orientation session, an examination shallbe administered. In order to be certified, each proposed judge must attendall parts of the orientation and must answer at least 80% of the examinationquestions correctly.
(6) If a proposed judge fails to answer 80% of the questions correctly,that proposed judge shall have the opportunity to take another examinationnot sooner than 15 days after the orientation. The second examination shallbe preceded by a substantive review of the first examination and an opportunityfor additional instruction.
(7) A proposed judge who fails to answer 80% of the questions on thesecond examination correctly must wait until the next scheduled full orientationin order to be retested. The appointing authority shall be notified ofthe status of the proposed judge, and the provisions of paragraphs (5)and (6) above shall once again apply.
(8) Upon completion of the orientation process, the Justice Court Administratorshall make a recommendation to the Council respecting certification. TheCouncil shall either certify that the proposed judge has attended the orientationand successfully passed the examination, or decline to certify the same.The Council shall notify the proposed judge and the appointing authorityof its decision in writing.
(9) The Council may waive any of the non-statutory requirements abovefor good cause shown.