Judicial selection in Utah
| Judicial selection in Utah | |
 | |
| Utah Supreme Court | |
| Method: | Assisted appointment |
| Term: | 10 years |
| Utah Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 6 years |
| Utah District Courts | |
| Method: | Assisted appointment |
| Term: | 6 years |
| Utah Justice Courts | |
| Method: | Municipal government selection |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Utah, including:
As of April 2023, the selection of state court judges in Utah occurs almost exclusively through the assisted appointment method. Following an initial three-year term, appointed judges must be approved by voters in yes-no retention elections, after which they may serve full terms that vary in length by court level.[1]
Click here to notify us of changes to judicial selection methods in this state.
Utah Supreme Court
- See also: Utah Supreme Court
The five justices of the supreme court are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee then must attain approval from the Utah Senate.
New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[1]
Qualifications
To serve on the Utah Supreme Court, a judge must be:
- a citizen of the United States;
- a state resident for at least five years;
- admitted to practice law in the state;
- at least 30 years old; and
- no more than 75 years old.[1]
Chief justice
The chief justice of the supreme court is selected by peer vote. The chief justice of the supreme court serves in that capacity for four years.[1]
Vacancies
When a vacancy occurs on the court, the governor appoints a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[1]
The map below highlights how vacancies are filled in state supreme courts across the country.
Utah Court of Appeals
- See also: Utah Court of Appeals
The seven judges on the Utah Court of Appeals are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee then must attain approval from the Utah Senate.
New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, appeals court judges serve subsequent terms of six years.[1]
Qualifications
To serve on the Utah Court of Appeals, a judge must be:
- a citizen of the United States;
- a state resident for at least three years;
- admitted to practice law in the state;
- at least 25 years old; and
- no more than 75 years old.[1]
Presiding judge
The presiding judge of the appeals court is selected by peer vote. The judge serves in that capacity for two years.[1]
Vacancies
When a vacancy occurs on the court, the governor appoints a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, appeals court judges serve subsequent terms of six years.[1]
Utah District Courts
- See also: Utah District Courts
Judges on the Utah District Courts are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee then must attain approval from the Utah Senate.
New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, district court justices serve subsequent terms of six years.[1]
Qualifications
To serve on the Utah District Courts, a judge must be:
- a citizen of the United States;
- a state resident for at least three years;
- admitted to practice law in the state;
- at least 25 years old; and
- no more than 75 years old.[1]
Presiding judge
The presiding judge of a district court is selected by peer vote. The presiding judge serves in that capacity for two years.[1]
Vacancies
When a vacancy occurs on the court, the governor appoints a replacement from a list of five names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, district court judges serve subsequent terms of six years.[1]
Limited jurisdiction courts
Utah has two types of limited jurisdiction court(s): Utah Juvenile Courts and Utah Justice Courts.
Utah Juvenile Courts
Like the appellate and district courts, juvenile court judges are selected through assisted appointment. After an initial three-year term, all judges must run in yes-no retention elections. Subsequent terms last six years.[2]
Utah Justice Courts
Two types of justice court judges are found in Utah: county judges and municipal judges. County judges are appointed by a county commission. They must stand in yes-no retention elections every six years. Municipal judges are appointed by city officials to a six-year term.[3]
History
Below is a timeline noting changes to judicial selection methods in Utah.
- 2007: The Judicial Retention Election Task Force was created to make suggestions regarding selection and retention in the state.
- 1994: Per the suggestion of Governor Mike Leavitt (R), the Utah Legislature amended the laws regarding judicial nominating commissions, establishing that:
- Existing commissions were dissolved, allowing the governor to appoint all commissioners.
- The chief justice, while still a member of the commission, no longer was to have voting privileges.
- The number of judicial candidates nominated per vacancy was increased to seven.
- 1987: The Utah Court of Appeals was created.
- 1985: Assisted appointment became the exclusive method for choosing judges of courts of record. Judges were nominated by a commission, appointed by the governor, confirmed by the Senate, and retained in uncontested retention elections.
- 1967: The legislature established judicial nominating commissions to assist in filling judicial vacancies. Judges were to serve additional terms by being re-elected in contested nonpartisan elections (except when judges are running unopposed, in which case voters are asked if they should be retained).
- 1951: The legislature made judicial elections nonpartisan.
- 1945: The constitution was amended so that:
- Judges were to be appointed by the governor "solely upon consideration of fitness for office without regard to partisan political considerations."
- Judges were to serve additional terms by running in contested partisan elections.
- Supreme court judges' term lengths were increased to ten years; district court judges' terms were increased to six years.
- 1896: Supreme court judges were elected by popular vote to six-year terms; district court judges were elected to four-year terms.[4]
Courts in Utah
In Utah, there is one federal district court, a state supreme court, and trial courts of general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Utah's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[5]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[6] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 American Judicature Society, "Methods of Judicial Selection," accessed August 20, 2021 Cite error: Invalid
<ref>tag; name "UTgeneral" defined multiple times with different content Cite error: Invalid<ref>tag; name "UTgeneral" defined multiple times with different content - ↑ American Judicature Society, "Methods of Judicial Selection: Limited Jurisdiction Courts," accessed August 20, 2021
- ↑ Utah State Courts, "An Overview of the Utah Justice Courts," accessed April 18, 2023
- ↑ American Judicature Society, "History of Reform Efforts: Utah," accessed August 20, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Utah • U.S. Bankruptcy Court: District of Utah
State courts:
Utah Supreme Court • Utah Court of Appeals • Utah District Courts • Utah Juvenile Courts • Utah Justice Courts
State resources:
Courts in Utah • Utah judicial elections • Judicial selection in Utah
