Utah 2025 Regular Session

Utah House Bill HB0451 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-07 14:03 H.B. 451
2	2	1
3	3	Judicial Election Amendments
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Jason B. Kyle
7	7	Senate Sponsor:
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9	9
10	10	3
11	11	LONG TITLE
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13	13	General Description:
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15	15	This bill addresses judicial retention elections.
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17	17	Highlighted Provisions:
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19	19	This bill:
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21	21	▸ modifies the number of votes required for a justice or judge to be retained in a judicial
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23	23	retention election.
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25	25	Money Appropriated in this Bill:
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27	27	None
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29	29	Other Special Clauses:
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31	31	None
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33	33	Utah Code Sections Affected:
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35	35	AMENDS:
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37	37	20A-12-201, as last amended by Laws of Utah 2023, Chapter 394
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39	39
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41	41	Be it enacted by the Legislature of the state of Utah:
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43	43	Section 1. Section 20A-12-201 is amended to read:
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45	45	20A-12-201 . Judicial appointees -- Retention elections.
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47	47	(1)(a) Each judicial appointee to a court is subject to an unopposed retention election at
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49	49	the first general election held more than three years after the judge or justice was
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51	51	appointed.
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53	53	(b) After the first retention election:
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55	55	(i) each Supreme Court justice shall be on the regular general election ballot for an
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57	57	unopposed retention election every tenth year; and
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59	59	(ii) each judge of other courts shall be on the regular general election ballot for an
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61	61	unopposed retention election every sixth year.
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63	63	(2)(a) Each justice or judge of a court of record who wishes to retain office shall, in the
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65	65	year the justice or judge is subject to a retention election:
66	66	H.B. 451 H.B. 451 02-07 14:03
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68	68	(i) file a declaration of candidacy with the lieutenant governor, or with the county
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70	70	clerk in the candidate's county of residence, within the period beginning on July 1
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72	72	and ending at 5 p.m. on July 15 in the year of a regular general election; and
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74	74	(ii) pay a filing fee of $50.
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76	76	(b)(i) Each justice court judge who wishes to retain office shall, in the year the justice
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78	78	court judge is subject to a retention election:
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80	80	(A) file a declaration of candidacy with the lieutenant governor, or with the county
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82	82	clerk in the candidate's county of residence, within the period beginning on
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84	84	July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
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86	86	and
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88	88	(B) pay a filing fee of $25 for each judicial office.
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90	90	(ii) If a justice court judge is appointed or elected to more than one judicial office, the
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92	92	declaration of candidacy shall identify all of the courts included in the same
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94	94	general election.
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96	96	(iii) If a justice court judge is appointed or elected to more than one judicial office,
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98	98	filing a declaration of candidacy in one county in which one of those courts is
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100	100	located is valid for the courts in any other county.
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102	102	(3)(a) The lieutenant governor shall, no later than August 31 of each regular general
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104	104	election year:
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106	106	(i) transmit a certified list containing the names of the justices of the Supreme Court,
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108	108	judges of the Court of Appeals, and judges of the Business and Chancery Court
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110	110	declaring their candidacy to the county clerk of each county; and
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112	112	(ii) transmit a certified list containing the names of judges of other courts declaring
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114	114	their candidacy to the county clerk of each county in the geographic division in
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116	116	which the judge filing the declaration holds office.
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118	118	(b) Each county clerk shall place the names of justices and judges standing for retention
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120	120	election in the nonpartisan section of the ballot.
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122	122	(4)(a) At the general election, the ballots shall contain:
123	123	59 (i) at the beginning of the judicial retention section of the ballot, the following statement:
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125	125	"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
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127	127	recommendations for each judge"; and
128	128	62 (ii) as to each justice or judge of any court to be voted on in the county, the following question:
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130	130	"Shall ______________________________(name of justice or judge) be retained in the
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132	132	office of ___________________________? (name of office, such as "Justice of the Supreme
133	133	- 2 - 02-07 14:03 H.B. 451
134	134	65
135	135	Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
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137	137	Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
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139	139	Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
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141	141	County or (name of municipality)")
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143	143	Yes ()
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145	145	No ()."
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147	147	(b) If a justice court exists by means of an interlocal agreement under Section 78A-7-102,
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149	149	the ballot question for the judge shall include the name of that court.
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151	151	(5)(a) If the justice or judge receives [more yes votes than no] at least 67% of the votes,
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153	153	the justice or judge is retained for the term of office provided by law.
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155	155	(b) If the justice or judge does not receive [more yes votes than no] at least 67% of the
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157	157	votes, the justice or judge is not retained, and a vacancy exists in the office on the
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159	159	first Monday in January after the regular general election.
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161	161	(6) A justice or judge not retained is ineligible for appointment to the office for which the
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163	163	justice or judge was defeated until after the expiration of that term of office.
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165	165	(7)(a) If a justice court judge is standing for retention for one or more judicial offices in
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167	167	a county in which the judge is a county justice court judge or a municipal justice
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169	169	court judge in a town or municipality of the fourth or fifth class, as described in
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171	171	Section 10-2-301, or any combination thereof, the election officer shall place the
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173	173	judge's name on the county ballot only once for all judicial offices for which the
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175	175	judge seeks to be retained.
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177	177	(b) If a justice court judge is standing for retention for one or more judicial offices in a
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179	179	municipality of the first, second, or third class, as described in Section 10-2-301, the
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181	181	election officer shall place the judge's name only on the municipal ballot for the
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183	183	voters of the municipality that the judge serves.
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185	185	Section 2. Effective Date.
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187	187	This bill takes effect on May 7, 2025.
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