An article in yesterday's Davis County Clipper talks about West Bountiful's Mayor James Behunin not wanting to re-appoint Justice Court Judge Joel Campbell. The article goes on to quote Judge Campbell as saying "I could just choose to resign, or I can choose to confront the Mayor and ask him to show cause why not to reappoint me and that’s what we are doing Tuesday night."
The only problem with the Judge's comments is that the state law is pretty vague. The relevant section of state code says that the decision of the legislative body, the city council in this case, is not subject to appeal. It also says that one thing that could lead to a judge not being re-appointed is "any other factors considered relevant by the appointing authority." Mayor Behunin would be the "appointing authority" in this case.
I have absolutely no training in matters of law, but, it would seem to me that the City Council could justify not re-appointing Judge Campbell for just about anything that Mayor Behunin deemed a "relevant factor." In fact, couldn't the mayor just say that he believes it's a "relevant factor" to have the judge be a resident of the city?