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HomeMy WebLinkAbout27 of 1976 - Adding chapter 3 establishing a Judicial Nominating Committee for Appointment of City Judges -V VOTING Aye Nay Salt Lake City,Utah, March 11 19 76 Mr. Chairman . Agraz 1 move that the Ordinanc sed, /f/ Greener Hogensen Phillips Result AN ORDINANCE /// AN ORDINANCE AMENDING Title 7 of the Revised Ordinances of Salt Lake City, Utah, 1965, by adding a new chapter 3 thereto and providing therein for the creation of a non-partisan Judicial Nominating Committee for the nomination and appointment of City Court Judges to fill vacancies in the office until a successor or successors are duly elected or qualified. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Title 7 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to city courts, be, and the same hereby is, amended by adding to said Title a new chapter 3, providing for the creation of a non-partisan judicial nominating committee for the nomination of city court judges, to read as follows: CHAPTER 3 JUDICIAL NOMINATING COMMITTEE APPOINTMENT OF CITY JUDGES Sections: 7-3-1. Selection of city judges. 7-3-2. Judicial nominating committee established. 7-3-3. Committee appointments and terms. 7-3-4. Committee chairman. 7-3-5. Committee compensation. 7-3-6. Committee duties. Sec. 7-3-1. Selection of city judges. Except as otherwise provided in this chapter, judges of the city courts shall be selected, and a vacancy in any such office be filled, by appointment by the mayor with the consent of the city commission, of one of three persons nominated in the manner provided in this chapter by the judicial nominating committee for the office to be filled, but persons so appointed shall be subject to election by the voters at the time and in the manner provided by law. Sec. 7-3-2. Judicial nominating committee established. A city court judicial nominating committee is hereby created, whose duty shall be the nomination of judges of the city court. Sec. 7-3-3. Committee appointments and terms. (a) The judicial nominating committee shall be composed of five members: the presiding judge of the city court, two members appointed by the city commission and two members appointed by the Salt Lake County Bar Association. Committee members shall be citizens of the United States and residents of Salt Lake City. Committee members selected by the city commission shall each be of opposite political parties. Committee members selected by the bar associa- tion shall also be of opposite political parties. If any appointing authori ,Zfails to exercise its power to -2- appoint committee members as provided herein, the committee members who have been appointed, including the presiding judge, shall have authority to act as a committee under all provisions of this chapter. (b) The terms of office of the committee first appointed shall expire on March 1, 1980, and their successors shall be appointed for terms of four years each. All committee members shall serve until their successors have been duly appointed and qualified. Committee members may not succeed themselves in office. Vacancies in the office of committee members shall be filled by the body who chose the committee member whose office is vacated. The person who is appointed to fill a vacancy in the office of the committee member, other than a vacancy caused by expiration of the term, shall be of the same political party and shall serve for the unexpired term of his predecessor in office. Sec. 7-3-4. Committee chairman. The presiding judge shall be the chairman and the clerk of the court shall be the secretary of the committee. If the presiding judge is unable for any reason to act as chairman of the committee, the city judges shall appoint one of their number to act for him. Sec. 7-3-5. Committee compensation. Neither the chairman, secretary nor any of the committee members shall receive any compensation for their services on such committee, but they each shall be entitled to be paid by the city for their authorized actual and necessary expenses incurred in the performance of their duties. Sec. 7-3-6. Committee duties. (a) If a vacancy occurs or is about to occur in the office of a city judge, the presiding judge shall, as soon as practicable, convene the judicial nominating committee. Not later than 45 days after such noti- fication, such committee shall certify to the mayor a list of three persons having the qualifications required by law to fill such office, who are willing to serve and who possess the ability, temperament, training and experience which qualifies them for such office as determined by at least a majority of the members of the committee. The committee may meet from time to time and make, or cause to be made, such investigation of prospective candidates as the committee deems advisable. No member of the judicial nominating committee shall be named on a list certified by the committee during his term of office or within six months after he vacates his office or his term expires. (b) The mayor, with the consent of the city commission1shall forthwith appoint one of the three persons named on the list of nominees to fill such office. If the committee has failed to certify such list to the mayor before the expiration of the 45 day period provided in subsection (a) of this section, the mayor, with the consent of the city commission, may appoint any person who has the qualifications for such office as provided by law, except a member of the committee. (c) The person appointed pursuant to this section shall be entitled to serve until 12:00 o'clock noon on the first Monday of January succeeding the next municipal election after said appointment or appointments are made, at which city judges are elected, and until their successors are elected and qualified. SECTION 2. In the opinion of the Board of Commissioners it is necessary to the peace, health and welfare of the inhabitants of Salt Lake City that this ordinance become effective immediately. 27. -3- SECTION 3. This ordinance shall take effect upon its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah this 11th day of March, 1976. O CITY RECORD ,(SEAL) BILL NO. 27 of 1976 Published March 16, 1976 • • AN Lot:tali ANL. A f f.davit of Publication N ORDINJ.Nct AMP.NI,IF1, Minn 1 0l the Ru+i�wJ G'dinary as M salt l aka,'.ItY.'lfala, :965.by.Loring <hooter 3 thereto and pi modino therein for ale creation°f a non-out tlsan Judi,lal Nominating Canmlttee for me nomination °Mappointment of City Court Jtddos to MI v e,In'M-e ee until a successor of s r are duly1 elected°. °nflood. •uccesw s �uBe.It ordained by the Board'he Commia6loriers M Sun Lake C fly,Utah, SECTION I.That Title 1 of Me Jcevlsede.11aftces of oh Lake City.Uen000 byby nddl1a0l to eaaldf 4i Neewfi apte 3,providing some foby r the cl,.vlion M a ton-vorllsaapliuyllcial nominetilta cOlnmitt o for the nomination of city court!mines, s:,to read as follow, • CHAPT k $bona D. Palmer J UOICIAL NOMINATING COMMIT S t, APPOINTMENT OF CIT V JU[%BPS Sections 1-3-1.Soledlas M city IL/does. I-i J.Committee nwintmmits and tems. is-A.Committee,°hallmen. • Being first duly sworn,deposes and says that he is legal adver- 786.ComtnitteecompEOmrion. using clerk of the DESERET NEWS, a daily (except Sunday) Sc3r6.Y31.Selection ee rot city ladoes.Except as 9lhorwis pYldoe in fold o„aRer, Inda�a,,he el ro n„I be newspaper printed in the English language with general cir- _ectea. and a runty In as such Office be flurnL YY ntnitment O 1110f nlraovam/w 1110 0001,rsods nominated In t1 the city culatifn in Utah, and published in Salt Lake City, Salt Lake a tied In finis chapter by the ludirml nominatioe cainmitfoe�,-,' County, in the State of Utah. iect electioolnn-brv°tl a voterslbatt the time and in°me manner�provi w law ecdk.lal Jpm1,1,01 committee heein e ai.,AYix,Tn That the legal notice of which a copy is attached hereto lwrnlnanati duyelc. be Mwomitteenaoirrtrenh.and terms. c.norm ating committee apPittee shall and 1,1110 Iof thee. membe nominating ca Ince hall be urn,twat of.tyre mami11100 mepcIty co missi of the Moointed by Pub not ice to amend an osclixiaaQe_Ke],gt ing_to_the__ a Solt litL by Co my commission ASSsbn and two nOttofr embso,erJ by by Oly lskr Me United tar notes tion.Cummhba owl I Mee small Lae cnliatas of Me uglted selected anti city cfrta vi Spit f.,ike ea,n Committee otaomiermlaers itical lor.nymmiihie ieful,;o selexfd __4P12Q,uLtment_Q, _CitaL—CQtlrt.-SudgeS be b.0000e tter,sot prattles.01 eon oil ireful.,IO Os a them !rr the bar ally appal It shah alsobn M hisc10 nutcllse tsrrtiec If t appointing mg abers ltyas tails to n iein,l e it er U appoint s wh have been as lrtyd,d,l.:ledl,0,the ar,rmilioy members who have a been J o act a ilk;cv,00i the un under all non authority fo ad as a coenmM0.i.urWr'.NI provisionse f MIs chapter. le)nhe a March 1,1 tO, M the committee first 1 be Oeooleed Int rldI forexpire os Maour 1,arse,and their suet m Mall for tithe,of four years each.All co my appointed membersnqua serve - -- until their successors ay been duc0 d tterndlaovsd Ino ffice. Committee abets may,el•c member,ber srofl t HI by the boiys inthe ow the cmm111eeembe aha11be fflcelINNI by the body who Person the I matinee mto fill vacahose yInv s acce of The committee 01 Is er.others to)a I a v Ien the expir ti the t member, tee Man a vacancy parted by shall serve of the term,shall be of the same p•-Dar party and audit,cr�for the Mrrn of urea• office was ublished in said newspaper on ___M:u'_ch..7.�_19Jfz__ Sea.man Committeeclr of the c.The hall be Wee shall Me lJ the cot and the clerk in the oecourt shall ee the secretary son to me schircommittee.n Mt erasbini Judge Is unable for any reason to Oct as chairman of the committee,him.,the city IWaes slWll ocpoifi} one Sf their.i-5.Commictttee for him. .._.. _ .. n Sec.)-3-6.aeo 0,flee o m committee members n.be er:h the a hive an, secretcomee s tri1cw th Me sfo co :!tell e.but any selloff for led t servicespaidon such c mMtn a but lecd each an be entitled to pe paid by use di n for inert rnant.o,of actual a incurred in the certornwrkr M their So duties. Committee.. duties.la) f a vacancy occurs or about ab b the office city a hce 11M presmh uda. _ 11 v k.A...A .C. __. • G �k _ �• V A�-Sr shall,as Practicable.convene the ludiclal nominating `-- committee. as than 4 days atter such notification,such cOntmittae shad certify to the may a list M throe persona legal Advertising Clerk havino me qualifications required by)low to 1111 such off Ice,owho of trwhllag to serve and who possess es ability.such oameftt, rain'ing and experience which dualities Morn for such office as determined by at least a malorlty of the members of the COme. The committee m y meet from time to time and make,o lobe made,such Investigation of prospective candidates as tine cummltfe a deems advisable. No member of the Iodide!nomination committee shall be 1.8th named a:1st ttt st certified by e committee during his term of rite this day of o al office or within six months atter he vacates his off icy or his term expires. I la)The mayor.with the consent of the cltk commission shall of of1 D. I9 forthwith appoint one the three persons named the list 7(, fees to 1111 such office.If the committee had failed to cetnl fv such flat to the mayor before the expiratbn of tee 45 day period r°vided In subsection(a)of this section,the mayor,w,0 Mae consent of the city commission,may appol ant parson who has the qualifications for suds office provid0 ed by law,except a member of the committee. (c) rson 1 fed pursuant to this section shad be no set entitled to serve until 12:00 lock noon on Me first Monday of January succeedlno M t municipal alectlon der said \_ ' .� �1.��-,� 9 .R.. .:,a anent co appointments er ade,al which cllv'udnes are -" electcted,and until their successors are elected and qualified. Notts' Public Ma SECTION t.In e opinion of the Board of Commissioners .y is necessary to the peace,health and welfare of the inhabitants Of Salt Lake Cite Mat this ordinance become effective immediately. SECTION 3,This ordinance shall take effect upon its first Publication: • Passed be the Board of Commissioners of Salt Lake City, Utah this I day of March,1976. TED L.WILSON Mawr MILDRED V.NIGNAM City Recorder (SEAL) BILL NO 27 M 1976 Published March 16,1976 (B-741