Governor appointment. (1) (a) A commission may: (i) meet as necessary to perform the commission's function; and (ii) investigate the applicants of a judicial vacancy, including seeking input from members and employees of the judiciary and the community. (b) A commission may consult with the Judicial Council regarding the applicants for a judicial vacancy. (c) A commission is exempt from the requirements of Title 52, Chapter 4, Open and Public Meetings Act. (2) (a) In determining which of the applicants are the most qualified, a commission shall determine by a majority vote of the commissioners present which of the applicants best possess the ability, temperament, training, and experience that qualifies an applicant for the office. (b) In addition to Subsection (2)(a), the Constitutional Court Nominating Commission shall select applicants in accordance with the requirements described in Section 78A-10a-606. (3) (a) Except as provided under Subsections (3)(b) and (c): (i) the Appellate Court Nominating Commission shall certify to the governor a list of the seven most qualified applicants per judicial vacancy; (ii) a district and juvenile court nominating commission shall certify to the governor a list of the five most qualified applicants per judicial vacancy; (iii) the Business and Chancery Court Nominating Commission shall certify to the governor a list of the seven most qualified applicants per judicial vacancy; and (iv) the Constitutional Court Nominating Commission shall certify to the governor a list of the seven most qualified applicants per judicial vacancy. (b) If a commission is considering applicants for more than one judicial vacancy existing at the same time and for the same court, the commission shall include one additional applicant for each additional judicial vacancy in the court in the list of applicants the commission certifies to the governor. (c) Notwithstanding Subsection (3)(b), if the Appellate Court Nominating Commission is considering applicants for more than one judicial vacancy existing at the same time and for the same appellate court, the Appellate Court Nominating Commission shall include five additional applicants for each additional judicial vacancy in the appellate court in the list that the Appellate Court Nominating Commission certifies to the governor. (4) A commission shall certify a list to the governor under Subsection (3) no more than 45 days after convening in accordance with Section 78A-10a-202. (5) A commission shall, at the time that the commission certifies a list of the most qualified applicants to the governor, submit the same list to the president of the Senate, the Senate minority leader, and the Office of Legislative Research and General Counsel. (6) A commission shall ensure that the list of applicants certified to the governor: (a) meet the qualifications required by law to fill the office; and (b) are willing to serve. (7) In determining which of the applicants are the most qualified, a commission may not decline to certify an applicant's name to the governor because: (a) the commission declined to submit that applicant's name to the governor to fill a previous judicial vacancy; (b) a previous commission declined to submit that applicant's name to the governor; or (c) the commission or a previous commission submitted the applicant's name to the governor and the governor selected another individual to fill the judicial vacancy. (8) A commission may not certify: (a) an applicant who is a justice or judge that was not retained by the voters for the office for which the justice or judge was defeated until after the expiration of that justice's or judge's term of office; and (b) an applicant who has served on a commission within six months after the day on which the commission was last convened. (9) The governor shall fill a judicial vacancy within 30 days after the day on which the governor received the list of nominees from the commission. (10) If the governor fails to fill a judicial vacancy within 30 days after the day on which the governor received the list of nominees from the commission, the chief justice of the Supreme Court shall, within 20 days, appoint an applicant from the list of nominees certified to the governor by the commission.
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