78A-10a-202. Notice of a vacancy -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission.

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Effective 3/13/2026

78A-10a-202. Notice of a vacancy -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission. -- Recruitment period for judicial vacancy -- Convening a judicial nominating commission.

(a)Except as otherwise provided in this section, the governor shall ensure that:

(i)if sufficient notice of a judicial vacancy is given to the governor, the recruitment period to fill a judicial vacancy begins 235 days before the effective date of the judicial vacancy;

(ii)if sufficient notice of a judicial vacancy is not given to the governor, the recruitment period to fill a judicial vacancy begins within 10 days after the day on which the governor receives notice;

(iii)the recruitment period is a minimum of at least 30 days but no more than 90 days; and

(iv)the chair of the commission having authority over the vacancy convenes a meeting no more than 10 days after the close of the recruitment period.

(b)If fewer than nine applications are received for a judicial vacancy, the governor may extend the recruitment period described in Subsection (1)(a)(iii) up to 30 days.

(c)If the governor receives notice of a judicial vacancy on both the Supreme Court and the Court of Appeals within a 10-day period, the governor may delay the recruitment period for the judicial vacancy on the Court of Appeals so that the recruitment period begins within 10 days after the day on which the appointment for the judicial vacancy on the Supreme Court is made.

(2)If there is a hiring freeze implemented in accordance with Section 78A-2-113 , the time periods described in Subsection

(1)shall begin to run on the day that the hiring freeze ends.

(3)If Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102 , and a district court judge or Court of Appeals judge is appointed and confirmed as a judge of the Constitutional Court, the judge shall notify the governor as to whether the judge intends to vacate the judge's appointment to the district court or Court of Appeals.

Amended by Chapter 38 , 2026 General Session