Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 45 (2022GS)

Sponsor

Rep. Hawkins, J.

Final action

Governor Signed 3/23/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the ballot requirements for a retention election of a justice court judge; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

JUSTICE COURT JUDGE ELECTIONS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jon Hawkins
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends provisions related to retention elections for justice court judges.
Highlighted Provisions:
This bill:
▸ amends the ballot requirements for a retention election of a justice court judge; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-12-201
, as last amended by Laws of Utah 2020, Chapter 401
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-12-201
 is amended to read:
20A-12-201.
Judicial appointees -- Retention elections.
(1) (a) Each judicial appointee to a court is subject to an unopposed retention election
at the first general election held more than three years after the judge or justice was appointed.
(b) After the first retention election:
(i) each Supreme Court justice shall be on the regular general election ballot for an
unopposed retention election every tenth year; and
(ii) each judge of other courts shall be on the regular general election ballot for an
unopposed retention election every sixth year.
(2) (a) Each justice or judge of a court of record who wishes to retain office shall, in
the year the justice or judge is subject to a retention election:
(i) file a declaration of candidacy with the lieutenant governor, or with the county clerk
in the candidate's county of residence, within the period beginning on July 1 and ending at 5
p.m. on July 15 in the year of a regular general election; and
(ii) pay a filing fee of $50.
(b) (i) Each justice court judge who wishes to retain office shall, in the year the justice
court judge is subject to a retention election:
(A) file a declaration of candidacy with the lieutenant governor, or with the county
clerk in the candidate's county of residence, within the period beginning on July 1 and ending
at 5 p.m. on July 15 in the year of a regular general election; and
(B) pay a filing fee of $25 for each judicial office.
(ii) If a justice court judge is appointed or elected to more than one judicial office, the
declaration of candidacy shall identify all of the courts included in the same general election.
(iii) If a justice court judge is appointed or elected to more than one judicial office,
filing a declaration of candidacy in one county in which one of those courts is located is valid
for the courts in any other county.
(3) (a) The lieutenant governor shall, no later than August 31 of each regular general
election year:
(i) transmit a certified list containing the names of the justices of the Supreme Court
and judges of the Court of Appeals declaring their candidacy to the county clerk of each
county; and
(ii) transmit a certified list containing the names of judges of other courts declaring
their candidacy to the county clerk of each county in the geographic division in which the judge
filing the declaration holds office.
(b) Each county clerk shall place the names of justices and judges standing for
retention election in the nonpartisan section of the ballot.
(4) (a) At the general election, the ballots shall contain:
(i) at the beginning of the judicial retention section of the ballot, the following
statement:
"Visit judges.utah.gov to learn about the Judicial Performance Evaluation
Commission's recommendations for each judge"; and
(ii) as to each justice or judge of any court to be voted on in the county, the following
question:
"Shall ______________________________(name of justice or judge) be retained in the
office of ___________________________? (name of office, such as "Justice of the Supreme
Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the District Court of the
Third Judicial District"; "Judge of the Juvenile Court of the Fourth Juvenile Court District";
"Justice Court Judge of (name of county) County or (name of municipality)")
Yes ()
No ()."
(b) If a justice court exists by means of an interlocal agreement under Section
78A-7-102
, the ballot question for the judge shall include the name of that court.
(5) (a) If the justice or judge receives more yes votes than no votes, the justice or judge
is retained for the term of office provided by law.
(b) If the justice or judge does not receive more yes votes than no votes, the justice or
judge is not retained, and a vacancy exists in the office on the first Monday in January after the
regular general election.
(6) A justice or judge not retained is ineligible for appointment to the office for which
the justice or judge was defeated until after the expiration of that term of office.
[
(7) If a justice court judge is standing for retention for more than one office, the
county clerk shall place the judge's name on the ballot separately for each office. If the justice
court judge receives more no votes than yes votes in one office, but more yes votes than no
votes in the other, the justice court judge shall be retained only in the office for which the judge
received more yes votes than no votes.
]
(7) (a) If a justice court judge is standing for retention for one or more judicial offices
in a county in which the judge is a county justice court judge or a municipal justice court judge
in a town or municipality of the fourth or fifth class, as described in Section 
10-2-301
, or any
combination thereof, the election officer shall place the judge's name on the county ballot only
once for all judicial offices for which the judge seeks to be retained.
(b) If a justice court judge is standing for retention for one or more judicial offices in a
municipality of the first, second, or third class, as described in Section 
10-2-301
, the election
officer shall place the judge's name only on the municipal ballot for the voters of the
municipality that the judge serves.