Utah Code 68-4-6. Vacancies
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(1) For a commissioner who serves in a governor-appointed position described in Subsection 68-4-5(1)(a), (b), or (c):
Terms Used In Utah Code 68-4-6
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the office of a commissioner becomes vacant and the governor, with the advice and consent of the Senate, shall immediately appoint a new commissioner upon the commissioner’s:
(1)(a)(i) death;
(1)(a)(ii) resignation; or
(1)(a)(iii) failure to be a member of the Utah State Bar in good standing; and
(1)(b) the governor may, with the advice and consent of the Senate, appoint a new commissioner or, as applicable, reappoint the current commissioner, provided that the current commissioner meets the requirements for appointment, after any of the following events:
(1)(b)(i) the commissioner’s failure to actively serve as commissioner;
(1)(b)(ii) the commissioner’s refusal to serve as commissioner;
(1)(b)(iii) expiration of the commissioner’s term;
(1)(b)(iv) the commissioner’s appointment to another position on the commission; or
(1)(b)(v) the commissioner’s election as a life member of the Uniform Law Commission.
(2)
(2)(a) A commissioner who is the Legislature’s general counsel shall serve only while acting as the Legislature’s general counsel.
(2)(b) A commissioner who is serving as an appointee of the Legislature’s general counsel shall serve until the general counsel chooses to serve as a commissioner or appoints a successor commissioner.