20A-1-509.2 - Procedure for filling vacancy in county or district with fewer than 15 attorneys.
20A-1-509.2. Procedure for filling vacancy in county or district with fewer than 15attorneys.
(1) When a vacancy occurs in the office of county or district attorney in a county ordistrict having fewer than 15 attorneys who are licensed, active members in good standing withthe Utah State Bar and registered voters, the vacancy shall be filled as provided in this section.
(2) The county clerk shall send a letter to each attorney residing in the county or districtwho is a licensed, active member in good standing with the Utah State Bar and a registered voterthat:
(a) informs the attorney of the vacancy;
(b) invites the attorney to apply for the vacancy; and
(c) informs the attorney that if the attorney has not responded within 10 calendar daysfrom the date that the letter was mailed, his candidacy to fill the vacancy will not be considered.
(3) (a) (i) If, after 10 calendar days from the date the letter was mailed, more than threeattorneys who are licensed, active members in good standing with the Utah State Bar andregistered voters in the county or district have applied for the vacancy, the county clerk shall,except as provided in Subsection (3)(a)(ii), submit the applications to the county centralcommittee of the same political party of the prior officeholder.
(ii) In multicounty prosecution districts, the clerk shall submit the applications to thecounty central committee of each county within the prosecution district.
(b) The central committee shall nominate three of the applicants and forward their namesto the county legislative body within 20 days after the date the county clerk submitted theapplicants' names.
(c) The county legislative body shall appoint one of the nominees to fill the vacantposition.
(d) If the central committee of the political party fails to submit at least three names tothe county legislative body within 20 days after the date the county clerk submitted theapplicants' names, the county legislative body shall appoint one of the applicants to fill the vacantposition.
(e) If the county legislative body fails to appoint a person to fill the vacancy within 120days after the vacancy occurs, the county clerk shall mail to the governor:
(i) a letter informing him that the county legislative body has failed to appoint a person tofill the vacancy; and
(ii) (A) the list of nominees, if any, submitted by the central committee of the politicalparty; or
(B) if the party central committee has not submitted a list of at least three nomineeswithin the required time, the names of the persons who submitted applications for the vacantposition to the county clerk.
(f) The governor shall appoint a person to fill the vacancy from the list within 30 daysafter receipt of the letter.
(4) (a) If, after 10 calendar days from the date the letter was mailed, three or fewerattorneys who are licensed, active members in good standing with the Utah State Bar andregistered voters in the county or district have applied for the vacancy, the county legislativebody may:
(i) appoint one of them to be county or district attorney; or
(ii) solicit additional applicants and appoint a county or district attorney as provided in
Subsection (4)(b).
(b) (i) If three or fewer attorneys who are licensed members in good standing of the UtahState Bar and registered voters in the county or district submit applications, the county legislativebody may publicly solicit and accept additional applications for the position from licensed, activemembers in good standing of the Utah State Bar who are not residents of the county orprosecution district.
(ii) The county legislative body shall consider the applications submitted by the attorneyswho are residents of and registered voters in the county or prosecution district and theapplications submitted by the attorneys who are not residents of the county or prosecution districtand shall appoint one of the applicants to be county attorney or district attorney.
(c) If the legislative body fails to appoint a person to fill the vacancy within 120 daysafter the vacancy occurs, the county clerk shall:
(i) notify the governor that the legislative body has failed to fill the vacancy within therequired time period; and
(ii) provide the governor with a list of all the applicants.
(d) The governor shall appoint a person to fill the vacancy within 30 days after hereceives the notification.
(5) The person appointed to fill the vacancy shall serve for the unexpired term of theperson who created the vacancy.
Enacted by Chapter 139, 1997 General Session