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House approves amendments to judicial nominating commission, setting timelines and removing Chief Justice from panel
Summary
The House passed second substitute HB 289 to revise the judicial nominating process, including new timelines, requirements for nominations (seven names for appellate, five for trial courts), and removal of the Chief Justice from the nominating commission; the bill passed 53–18.
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The Utah House approved second substitute House Bill 289 on March 1, a measure amending how judicial nominations are handled. Representative Curtis Ota presented the bill, which sets specific timeframes for filling judicial vacancies, moves aspects of nomination administration toward the governor’s office, and prescribes that nominating commissions submit seven names for appellate vacancies and five for trial-court vacancies. The measure removes the Chief Justice of the Utah Supreme Court from the nominating commission while preserving a judicial-counsel appointment to ensure legal expertise.
Ota told the House the bill ‘‘incorporat[es] all the amendments ... and just cleaning it up,’’ and said it addresses procedural problems that arose in the Second Judicial District after a delayed nomination process. Supporters emphasized clearer timelines and separation of responsibilities. Representative Hutchings said the changes ‘‘help to keep that a little neater, a little cleaner’’ and praised the effort to clarify roles across branches.
Opponents warned about politicizing the judiciary. Representative King said the legislation ‘‘moves us down the line a little bit toward the politicization of the judiciary’’ and urged a no vote to preserve judicial independence. Supporters responded that the bill does not change judicial election processes but remedies procedural confusion.
After debate the House adopted the second substitute by a recorded vote of 53 yes and 18 no. The bill will be transmitted to the Senate.
