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[Utah Code Table of Contents]
[TITLE 77. Table of Contents]
77-6-1 Officers subject to removal.
All justices of the peace and all officers of any city,
county or other political subdivision of this state not liable
to impeachment shall be subject to removal as provided in
this chapter for high crimes and misdemeanors or malfeasance
in office.
1980
77-6-2 Commencement of action for removal.
An action for the removal of a justice court judge or
officer of a city, county, or other political subdivision
of this state shall be commenced by presenting a sworn, written
accusation to the district court. The accusation may be initiated
by any taxpayer, grand jury, county attorney, or district
attorney for the county in which the officer was elected
or appointed, or by the attorney general.
1993
77-6-3 Form of accusation.
The accusation shall state the grounds for removal in
ordinary and concise language.
1980
77-6-4 Presentation of accusation - Service on defendant.
(1) When the accusation is initiated by:
(a) a grand jury, the foreperson shall present the accusation to the court in the presence of the grand jurors which shall be filed with the clerk; or
(b) a taxpayer, the county attorney, district attorney, or the attorney general, any of these persons shall present the accusation to the presiding judge of the district court for filing with the clerk.
(2) (a) Except when the accusation is initiated by the county attorney or district attorney, the court shall furnish a copy of the accusation to the county attorney or, if within a prosecution district, the district attorney who shall investigate and may prosecute the accusation.
(b) If the accusation is against the county or district attorney, the court shall furnish a copy of the accusation to the Office of the Attorney General, who shall investigate and may prosecute the accusation.
(c) If prosecution is pursued, the county attorney, district attorney, or attorney general shall serve a copy of the accusation on the defendant with a summons which requires the defendant to appear before the district court of the county in which the county attorney or district attorney serves and to answer the accusation.
(3) The time fixed for appearance may not be less than
ten days from the date of service of summons. The service
of the accusation, summons, and the return of service shall
be made in the manner provided by law for service of civil
process.
1996
77-6-5 Appearance - Procedure on default.
The defendant shall appear at the time appointed and answer
the accusation, unless for some sufficient cause the court
assigns another time for that purpose. If he does not appear,
the court may proceed to hear and determine the accusation
in his absence.
1980
77-6-6 Answer - Objections for insufficiency.
The defendant may orally answer the accusation either
by admitting or denying it in open court, or he may, in writing,
object to the legal sufficiency of the accusation. If the
objection to the sufficiency of the accusation is sustained,
the accusation shall be dismissed. If the objection is overruled,
the defendant shall immediately admit or deny the accusation.
1980
77-6-7 Trial on denial or refusal to answer - Procedure.
If the defendant denies the accusation or refuses to answer
or appear, the court shall proceed to try the accusation.
The rights of the parties and procedures used shall be the
same as in any civil proceeding.
1980
77-6-8 Judgment of removal - Service on defendant.
If the defendant admits the accusation or is convicted,
the court shall enter judgment against him directing the
defendant be removed from office and setting forth the causes
of removal. The judgment of removal shall immediately be
served upon the defendant.
1980
77-6-9 Appeal - Suspension from office.
From a judgment of removal an appeal may be taken to the
Supreme Court in the same manner as from a judgment in a
civil action; but from entry of judgment and until the judgment
is reversed, the defendant shall be suspended from his office.
Pending the appeal, the office shall be filled as in the
case of a vacancy.
1980
