Effective 5/4/2022
78A-3-101. Number of justices — Terms — Chief justice and associate chief justice — Selection and functions.
78A-3-101. Number of justices — Terms — Chief justice and associate chief justice — Selection and functions.
- (1) The Supreme Court consists of five justices.
- (2)
- (a) A justice of the Supreme Court shall be appointed initially to serve until the first general election held more than three years after the effective date of the appointment.
- (b) After the first term of appointment under Subsection (2)(a), the term of office of a justice of the Supreme Court is 10 years and commences on the first Monday in January following the date of election.
- (c) A justice whose term expires may serve upon request of the Judicial Council until a successor is appointed and qualified.
- (3)
- (a) The justices of the Supreme Court shall elect a chief justice from among the members of the court by a majority vote of all justices.
- (b) The term of the office of chief justice is four years.
- (c) The chief justice may serve successive terms.
- (d) The chief justice may resign from the office of chief justice without resigning from the Supreme Court.
- (e) The chief justice may be removed from the office of chief justice by a majority vote of all justices of the Supreme Court.
- (f) The chief justice shall receive the sum of $2,000 per annum as additional compensation for the period served as chief justice.
- (4)
- (a) If the justices are unable to elect a chief justice within 30 days of a vacancy in that office, the associate chief justice shall act as chief justice until a chief justice is elected under this section.
- (b) If the associate chief justice is unable or unwilling to act as chief justice, the most senior justice shall act as chief justice until a chief justice is elected under this section.
- (5) In addition to the chief justice’s duties as a member of the Supreme Court, the chief justice has duties as provided by law.
- (6)
- (a) There is created the office of associate chief justice.
- (b) The term of office of the associate chief justice is two years.
- (c) The associate chief justice shall be:
- (i) elected by a majority vote of the members of the Supreme Court; and
- (ii) allocated duties as the chief justice determines.
- (d) If the chief justice is absent or otherwise unable to serve, the associate chief justice shall serve as chief justice.
- (e) The chief justice may delegate responsibilities to the associate chief justice as consistent with law.
- (f) The associate chief justice shall receive the sum of $1,000 per annum for the period served as associate chief justice.
Amended by Chapter 276, 2022 General Session