Utah Code 78A-4-102. Number of judges — Terms — Presiding judge — Associate presiding judge — Filing fees
Current as of: 2024 | Check for updates
|
Other versions
(1)
Terms Used In Utah Code 78A-4-102
- En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
(1)(a) The Court of Appeals consists of seven judges.
(1)(b) The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment.
(1)(c) After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election.
(1)(d) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.
(2)
(2)(a) The Court of Appeals shall sit and render judgment in panels of three judges.
(2)(b) Assignment to panels shall be by random rotation of all judges of the Court of Appeals.
(2)(c) The Court of Appeals by rule shall provide for the selection of a chair for each panel.
(2)(d) The Court of Appeals may not sit en banc.
(3)
(3)(a) The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges.
(3)(b) The term of office of the presiding judge is two years and until a successor is elected.
(3)(c) A presiding judge of the Court of Appeals may serve in that office no more than two successive terms.
(3)(d) The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge.
(3)(e) The presiding judge of the Court of Appeals shall receive $2,000 per annum of additional compensation for the period served as presiding judge.
(4)
(4)(a) The presiding judge may be removed from the office of presiding judge by majority vote of all judges of the Court of Appeals.
(4)(b) In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:
(4)(b)(i) administer the rotation and scheduling of panels;
(4)(b)(ii) act as liaison with the Supreme Court;
(4)(b)(iii) call and preside over the meetings of the Court of Appeals; and
(4)(b)(iv) carry out duties prescribed by the Supreme Court and the Judicial Council.
(5)
(5)(a) The judges of the Court of Appeals shall elect an associate presiding judge from among the members of the court by majority vote of all judges.
(5)(b) The associate presiding judge of the Court of Appeals shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge.
(6) Filing fees for the Court of Appeals are the same as for the Supreme Court.