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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-2-1 Number of justices - Terms - Chief justice and associate chief justice - Selection and functions.
(1) The Supreme Court consists of five justices.
(2) A justice of the Supreme Court shall be appointed initially to serve until the first general election held more than three years after the effective date of the appointment. Thereafter, the term of office of a justice of the Supreme Court is ten years and commences on the first Monday in January following the date of election. A justice whose term expires may serve upon request of the Judicial Council until a successor is appointed and qualified.
(3) The justices of the Supreme Court shall elect a chief justice from among the members of the court by a majority vote of all justices. The term of the office of chief justice is four years. The chief justice may serve successive terms. The chief justice may resign from the office of chief justice without resigning from the Supreme Court. The chief justice may be removed from the office of chief justice by a majority vote of all justices of the Supreme Court.
(4) If the justices are unable to elect a chief justice within 30 days of a vacancy in that office, the associate chief justice shall act as chief justice until a chief justice is elected under this section. If the associate chief justice is unable or unwilling to act as chief justice, the most senior justice shall act as chief justice until a chief justice is elected under this section.
(5) In addition to the chief justice's duties as a member of the Supreme Court, the chief justice has duties as provided by law.
(6) There is created the office of associate chief justice.
The term of office of the associate chief justice is two
years. The associate chief justice may serve in that office
no more than two successive terms. The associate chief justice
shall be elected by a majority vote of the members of the
Supreme Court and shall be allocated duties as the chief
justice determines. If the chief justice is absent or otherwise
unable to serve, the associate chief justice shall serve
as chief justice. The chief justice may delegate responsibilities
to the associate chief justice as consistent with law.
1990
78-2-2 Supreme Court jurisdiction.
(1) The Supreme Court has original jurisdiction to answer questions of state law certified by a court of the United States.
(2) The Supreme Court has original jurisdiction to issue all extraordinary writs and authority to issue all writs and process necessary to carry into effect its orders, judgments, and decrees or in aid of its jurisdiction.
(3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory appeals, over:
(a) a judgment of the Court of Appeals;
(b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment by the Court of Appeals;
(c) discipline of lawyers;
(d) final orders of the Judicial Conduct Commission;
(e) final orders and decrees in formal adjudicative proceedings originating with:
(i) the Public Service Commission;
(ii) the State Tax Commission;
(iii) the School and Institutional Trust Lands Board of Trustees;
(iv) the Board of Oil, Gas, and Mining;
(v) the state engineer; or
(vi) the executive director of the Department of Natural Resources reviewing actions of the Division of Forestry, Fire and State Lands;
(f) final orders and decrees of the district court review of informal adjudicative proceedings of agencies under Subsection (3)(e);
(g) a final judgment or decree of any court of record holding a statute of the United States or this state unconstitutional on its face under the Constitution of the United States or the Utah Constitution;
(h) interlocutory appeals from any court of record involving a charge of a first degree or capital felony;
(i) appeals from the district court involving a conviction or charge of a first degree felony or capital felony;
(j) orders, judgments, and decrees of any court of record over which the Court of Appeals does not have original appellate jurisdiction; and
(k) appeals from the district court of orders, judgments, or decrees ruling on legislative subpoenas.
(4) The Supreme Court may transfer to the Court of Appeals any of the matters over which the Supreme Court has original appellate jurisdiction, except:
(a) capital felony convictions or an appeal of an interlocutory order of a court of record involving a charge of a capital felony;
(b) election and voting contests;
(c) reapportionment of election districts;
(d) retention or removal of public officers;
(e) matters involving legislative subpoenas; and
(f) those matters described in Subsections (3)(a) through (d).
(5) The Supreme Court has sole discretion in granting or denying a petition for writ of certiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall review those cases certified to it by the Court of Appeals under Subsection (3)(b).
(6) The Supreme Court shall comply with the requirements
of Title 63, Chapter 46b, Administrative Procedures Act,
in its review of agency adjudicative proceedings.
2001
78-2-4 Supreme Court - Rulemaking, judges pro tempore, and practice of law.
(1) The Supreme Court shall adopt rules of procedure and evidence for use in the courts of the state and shall by rule manage the appellate process. The Legislature may amend the rules of procedure and evidence adopted by the Supreme Court upon a vote of two-thirds of all members of both houses of the Legislature.
(2) Except as otherwise provided by the Utah Constitution, the Supreme Court by rule may authorize retired justices and judges and judges pro tempore to perform any judicial duties. Judges pro tempore shall be citizens of the United States, Utah residents, and admitted to practice law in Utah.
(3) The Supreme Court shall by rule govern the practice
of law, including admission to practice law and the conduct
and discipline of persons admitted to the practice of law.
1986
78-2-4.5 Admission to state bar - Criminal history background checks.
(1) The Utah State Bar shall require each person applying for admission to the Utah State Bar to submit a complete set of fingerprints for the purpose of conducting a national criminal history background check.
(2) Fingerprints of applicants for admission to the Utah State Bar shall be submitted to the Department of Public Safety, Bureau of Criminal Identification to be used to conduct a criminal history background check and to the Federal Bureau of Investigation to obtain a national criminal history background check.
(3) The criminal history background information obtained
from the Department of Public Safety and the national criminal
history background information obtained from the Federal
Bureau of Investigation pursuant to this section may be used
by the Utah State Bar to determine an applicant's character,
fitness, and suitability for admission to the Utah State
Bar.
2001
78-2-6 Appellate court administrator.
The appellate court administrator shall appoint clerks
and support staff as necessary for the operation of the Supreme
Court and the Court of Appeals. The duties of the clerks
and support staff shall be established by the appellate court
administrator, and powers established by rule of the Supreme
Court.
1986
78-2-7.5 Service of sheriff to court.
The court may at any time require the attendance and services
of any sheriff in the state.
1988
