78A-12-203 - Judicial performance evaluations.
78A-12-203. Judicial performance evaluations.
(1) Beginning with the 2012 judicial retention elections, the commission shall prepare aperformance evaluation for:
(a) each judge in the third and fifth year of the judge's term if the judge is not a justice ofthe Supreme Court; and
(b) each justice of the Supreme Court in the third, seventh, and ninth year of the justice'sterm.
(2) Except as provided in Subsection (3), the performance evaluation for a judge underSubsection (1) shall consider only:
(a) the results of the judge's most recent judicial performance survey that is conducted bya third party in accordance with Section 78A-12-204;
(b) information concerning the judge's compliance with minimum performance standardsestablished in accordance with Section 78A-12-205;
(c) courtroom observation;
(d) the judge's judicial disciplinary record, if any;
(e) public comment solicited by the commission;
(f) information from an earlier judicial performance evaluation concerning the judge; and
(g) any other factor that the commission:
(i) considers relevant to evaluating the judge's performance for the purpose of a retentionelection; and
(ii) establishes by rule.
(3) The commission shall make rules concerning the conduct of courtroom observationunder Subsection (2), which shall include the following:
(a) an indication of who may perform the courtroom observation;
(b) a determination of whether the courtroom observation shall be made in person or maybe made by electronic means; and
(c) a list of principles and standards used to evaluate the behavior observed.
(4) (a) As part of the evaluation conducted under this section, the commission shalldetermine whether to recommend that the voters retain the judge.
(b) (i) If a judge meets the minimum performance standards established in accordancewith Section 78A-12-205 there is a rebuttable presumption that the commission will recommendthe voters retain the judge.
(ii) If a judge fails to meet the minimum performance standards established inaccordance with Section 78A-12-205 there is a rebuttable presumption that the commission willrecommend the voters not retain the judge.
(c) The commission may elect to make no recommendation on whether the voters shouldretain a judge if the commission determines that the information concerning the judge isinsufficient to make a recommendation.
(d) (i) If the commission deviates from a presumption for or against recommending thevoters retain a judge or elects to make no recommendation on whether the voters should retain ajudge, the commission shall provide a detailed explanation of the reason for that deviation orelection in the commission's report under Section 78A-12-206.
(ii) If the commission makes no recommendation because of a tie vote, the commissionshall note that fact in the commission's report.
(5) (a) Before considering the judicial performance evaluation of any judge, the
commission shall notify the judge of the date and time of any commission meeting during whichthe judge's judicial performance evaluation will be considered.
(b) The commission shall allow a judge who is the subject of a judicial performanceevaluation to appear and speak at any commission meeting, except a closed meeting, duringwhich the judge's judicial performance evaluation is considered.
(c) The commission may meet in a closed meeting to discuss a judge's judicialperformance evaluation by complying with Title 52, Chapter 4, Open and Public Meetings Act.
(6) (a) The commission shall compile a midterm report of its judicial performanceevaluation of a judge.
(b) The midterm report of a judicial performance evaluation shall include informationthat the commission considers appropriate for purposes of judicial self-improvement.
(c) The report shall be provided to the evaluated judge and the presiding judge of thedistrict in which the evaluated judge serves. If the evaluated judge is the presiding judge, themidterm report shall be provided to the chair of the board of judges for the court level on whichthe evaluated judge serves.
(7) The commission may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, as necessary to administer the evaluation required by thissection.
Amended by Chapter 98, 2010 General Session