Rule 3-102. Assumption of judicial office.

Intent:

To provide standards for qualification, training, and furnishings for judicial office.

Applicability:

This rule shall apply to all judges of courts of record. Paragraphs (1) and (2) apply to judges of courts not of record.

Statement of the Rule:

(1) Qualification for office.

(1)(A) Under Utah Constitution Article VIII, Section 8, appointment to a court of record is effective upon confirmation by the Senate. Under Utah Code Section 78A-7-202, appointment to a court not of record is effective upon certification by the Judicial Council.

(1)(B) An appointee to judicial office shall qualify for office as provided by law within 60 days after the appointment is effective. To qualify for office judicial appointees must have appropriate residency, take the oath of office, refrain from the practice of law and resign from any elective, non-judicial public office or political party office which they may hold. The oath of office shall be subscribed by the appointee, administered as provided by law and filed with the appropriate state, county, or municipal office and the administrative office. An appointee to judicial office is entitled to assume the duties of judge and be compensated for such duties on the date he or she has qualified for office.

(1)(C) A judge elected to office by retention election shall take and subscribe the constitutional oath or affirmation on or before the first Monday in January following the date of the election and shall file the oath or affirmation within 60 days with the appropriate state, county or municipal office and the administrative office. The oath of office may be administered by any person authorized to administer oaths.

(2) Education and training. Within twelve months of qualification for office, each judge is required to complete a program of education and training as provided by this Code and the education policies and procedures adopted pursuant to this Code.

(3) Furnishings. The administrative office shall establish a schedule for the provision and replacement of appropriate furnishings, equipment and supplies for individual judges. The furnishings shall include at a minimum one desk, one chair, two side chairs, one bookcase, one credenza and one couch and shall be provided in accordance with applicable procurement provisions. The schedule shall consider such factors as the physical stature of successor judges, wear and tear and other damage to furnishings, and the cost and feasibility of repair rather than replacement. Any expenses incurred in complying with this paragraph shall be borne by the state.