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Judicial Election Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jason B. Kyle
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill addresses judicial retention elections.
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Highlighted Provisions:
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This bill:
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▸ modifies the number of votes required for a justice or judge to be retained in a judicial
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retention election.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-12-201, as last amended by Laws of Utah 2023, Chapter 394
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-12-201 is amended to read:
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20A-12-201 . Judicial appointees -- Retention elections.
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(1)(a) Each judicial appointee to a court is subject to an unopposed retention election at
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the first general election held more than three years after the judge or justice was
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appointed.
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(b) After the first retention election:
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(i) each Supreme Court justice shall be on the regular general election ballot for an
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unopposed retention election every tenth year; and
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(ii) each judge of other courts shall be on the regular general election ballot for an
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unopposed retention election every sixth year.
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(2)(a) Each justice or judge of a court of record who wishes to retain office shall, in the
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year the justice or judge is subject to a retention election:
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(i) file a declaration of candidacy with the lieutenant governor, or with the county
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clerk in the candidate's county of residence, within the period beginning on July 1
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and ending at 5 p.m. on July 15 in the year of a regular general election; and
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(ii) pay a filing fee of $50.
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(b)(i) Each justice court judge who wishes to retain office shall, in the year the justice
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court judge is subject to a retention election:
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(A) file a declaration of candidacy with the lieutenant governor, or with the county
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clerk in the candidate's county of residence, within the period beginning on
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July 1 and ending at 5 p.m. on July 15 in the year of a regular general election;
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and
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(B) pay a filing fee of $25 for each judicial office.
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(ii) If a justice court judge is appointed or elected to more than one judicial office, the
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declaration of candidacy shall identify all of the courts included in the same
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general election.
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(iii) If a justice court judge is appointed or elected to more than one judicial office,
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filing a declaration of candidacy in one county in which one of those courts is
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located is valid for the courts in any other county.
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(3)(a) The lieutenant governor shall, no later than August 31 of each regular general
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election year:
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(i) transmit a certified list containing the names of the justices of the Supreme Court,
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judges of the Court of Appeals, and judges of the Business and Chancery Court
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declaring their candidacy to the county clerk of each county; and
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(ii) transmit a certified list containing the names of judges of other courts declaring
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their candidacy to the county clerk of each county in the geographic division in
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which the judge filing the declaration holds office.
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(b) Each county clerk shall place the names of justices and judges standing for retention
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election in the nonpartisan section of the ballot.
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(4)(a) At the general election, the ballots shall contain:
59 (i) at the beginning of the judicial retention section of the ballot, the following statement:
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"Visit judges.utah.gov to learn about the Judicial Performance Evaluation Commission's
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recommendations for each judge"; and
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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"Shall ______________________________(name of justice or judge) be retained in the
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office of ___________________________? (name of office, such as "Justice of the Supreme
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Court of Utah"; "Judge of the Court of Appeals of Utah"; "Judge of the Business and Chancery
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Court of Utah"; "Judge of the District Court of the Third Judicial District"; "Judge of the
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Juvenile Court of the Fourth Juvenile Court District"; "Justice Court Judge of (name of county)
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County or (name of municipality)")
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Yes ()
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No ()."
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(b) If a justice court exists by means of an interlocal agreement under Section 78A-7-102,
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the ballot question for the judge shall include the name of that court.
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(5)(a) If the justice or judge receives [more yes votes than no] at least 67% of the votes,
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the justice or judge is retained for the term of office provided by law.
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(b) If the justice or judge does not receive [more yes votes than no] at least 67% of the
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votes, the justice or judge is not retained, and a vacancy exists in the office on the
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first Monday in January after the regular general election.
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(6) A justice or judge not retained is ineligible for appointment to the office for which the
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justice or judge was defeated until after the expiration of that term of office.
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(7)(a) If a justice court judge is standing for retention for one or more judicial offices in
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a county in which the judge is a county justice court judge or a municipal justice
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court judge in a town or municipality of the fourth or fifth class, as described in
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Section 10-2-301, or any combination thereof, the election officer shall place the
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judge's name on the county ballot only once for all judicial offices for which the
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judge seeks to be retained.
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(b) If a justice court judge is standing for retention for one or more judicial offices in a
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municipality of the first, second, or third class, as described in Section 10-2-301, the
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election officer shall place the judge's name only on the municipal ballot for the
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voters of the municipality that the judge serves.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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