(1)
- (a) The Court of Appeals consists of nine judges.
- (b) The term of appointment to office as a judge of the Court of Appeals is until the first general election held more than three years after the effective date of the appointment.
- (c) After the first term of appointment under Subsection (1)(b), the term of office of a judge of the Court of Appeals is six years and commences on the first Monday in January, next following the date of election.
- (d) A judge whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified.
- (e) If Chapter 5b, Constitutional Court, takes effect as described in Section 78A-5b-102, and a judge of the Court of Appeals is appointed to the Constitutional Court and does not vacate the judge's appointment to the Court of Appeals as described in Section 78A-5b-201, the appointment to the Constitutional Court does not modify the judge's term of office described in this Subsection (1) for the judge's appointment to the Court of Appeals.
(2)
- (a) The Court of Appeals shall sit and render judgment in panels of three judges.
- (b) Assignment to panels shall be by random rotation of all judges of the Court of Appeals.
- (c) The Court of Appeals by rule shall provide for the selection of a chair for each panel.
- (d) The Court of Appeals may not sit en banc.
(3)
- (a) The judges of the Court of Appeals shall elect a presiding judge from among the members of the court by majority vote of all judges.
- (b) The term of office of the presiding judge is two years and until a successor is elected.
- (c) A presiding judge of the Court of Appeals may serve in that office no more than two successive terms.
- (d) The Court of Appeals may by rule provide for an acting presiding judge to serve in the absence or incapacity of the presiding judge.
- (e) The presiding judge of the Court of Appeals shall receive $2,000 per annum of additional compensation for the period served as presiding judge.
(4)
- (a) The presiding judge may be removed from the office of presiding judge by majority vote of all judges of the Court of Appeals.
(b) In addition to the duties of a judge of the Court of Appeals, the presiding judge shall:
- (i) administer the rotation and scheduling of panels;
- (ii) act as liaison with the Supreme Court;
- (iii) call and preside over the meetings of the Court of Appeals; and
- (iv) carry out duties prescribed by the Supreme Court and the Judicial Council.
(5)
- (a) The judges of the Court of Appeals shall elect an associate presiding judge from among the members of the court by majority vote of all judges.
- (b) The associate presiding judge of the Court of Appeals shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge.
- (6) Filing fees for the Court of Appeals are the same as for the Supreme Court.
Amended by Chapter 38, 2026 General Session