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Advocacy


Published on Feb 25, 2022

Bill providing stopgap measure for vacancies in single-judge courts still moving

Contact: Sharon Swanson, Jacob Ewing

A bill that provides jurisdictions operating single-judge courts with a stopgap measure is still alive and moving the Senate with a minor amendment.

HB 1825 passed through the House on a 95-1 vote in early February and was voted out of the Senate Law & Justice Committee last week with an amendment and a do-pass recommendation. Under the bill, a chief justice would be allowed to appoint a judge pro tempore to fill a judicial vacancy in a single-judge court caused by illness, incapacity, resignation, death, or other extenuating circumstance. In some cases, the chief justice would only be able to do this if no other person had previously been designated judge pro tempore by the presiding judge of a single-judge court. However, if the chief justice determines that the court would benefit from someone else other than a previously appointed judge pro tempore, the chief justice may appoint a judge pro tempore of their choosing.

In both circumstances, the chief justice will be required to meet with the local legislative authority before designating a judge pro tempore to determine if the appointed individual should continue in their role or if another individual should serve as judge pro tempore.

The committee-adopted amendment removes a 30-day waiting period and instead requires a chief justice to meet with the local legislative authority before designating a judge pro tempore.

HB 1825 now awaits further consideration in the Senate.

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