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Article VIII, Section 9
0
Proposal to Amend Utah Constitution - Judicial Retention
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor:
LONG TITLE
General Description:
This joint resolution of the Utah Legislature proposes to amend the Utah Constitution to
modify provisions related to retention of judges.
Highlighted Provisions:
This resolution proposes to amend the Utah Constitution to:
authorize the Legislature to initiate a special retention process that allows the voters to
vote on whether a judge shall remain in office when a judge engages in certain conduct;
and
provide that a judge who is subject to a special retention election is still subject to a
regular retention election but that the special retention election may replace the regular
retention election if the elections occur in the same year.
Other Special Clauses:
This resolution directs the lieutenant governor to submit this proposal to voters.
This resolution provides a contingent effective date of
January 1, 2027
for this proposal.
Utah Constitution Sections Affected:
AMENDS:
Article VIII, Section 9
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
Section 1. It is proposed to amend Utah Constitution, Article VIII, Section 9 to read
Article VIII, Section 9
. [Judicial retention elections.]
(1)
Each appointee to a court of record shall be subject to an unopposed retention
election at the first general election held more than three years after appointment.
Following initial voter approval, each Supreme Court justice every tenth year, and each
judge of other courts of record every sixth year, shall be subject to an unopposed
retention election at the corresponding general election. Judicial retention elections shall
be held on a nonpartisan ballot in a manner provided by statute. If geographic divisions
are provided for any court of record, the judges of those courts shall stand for retention
election only in the geographic division to which they are selected.
(2)
If the Legislature determines that a judge is unfit or incompetent, persistently fails to
make timely decisions in a case, or has engaged in conduct that violates the judge's oath
of office, is improper, or creates an appearance of impropriety, the Legislature may
initiate a process for the judge to be subject to a special retention election as soon as
practicable. The Legislature may initiate the special retention election process even if
the judge could be liable to impeachment under Article VI, Section 19, or subject to
investigation and discipline under Article VIII, Section 13.
(3)
The Legislature shall provide, in statute, for the process to subject a judge to a special
retention election, the manner and timing of the special retention election, and the
resolution of any conflicting outcomes from actions under this section, Article VI,
Section 19, or Article VIII, Section 13.
(4)
A judge who is subject to a special retention election is still subject to the regular
retention elections described in Subsection
(1)
, except that if the regular retention
election would occur in the same year as a special retention election, the special
retention election may replace the regular retention election for that year only.
Section 2.
Submittal to voters.
The lieutenant governor is directed to submit this proposed amendment to the voters of
the state at the next regular general election in the manner provided by law.
Section 3.
Contingent effective date.
If the amendment proposed by this joint resolution is approved by a majority of those
voting on it at the next regular general election, the amendment shall take effect on January 1,
2027.
1-16-26 10:51 AM