“Commission” means the Judicial Performance Evaluation Commission established by this chapter.
Terms Used In Utah Code 78A-12-102
Commission: means the Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
Does not meet or exceed minimum performance standards: means that:
(a)
(i)
a judge does not meet the certification standards under Section 78A-12-205; and
(ii)
the presumption, described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or
(b)
a judge meets the certification standards under Section 78A-12-205, but the presumption, described in Subsection 78A-12-203(4)(b)(i), that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
judge: means a state court judge or a state court justice who is subject to a retention election. See Utah Code 78A-12-102
Justice: means a judge who is a member of the Supreme Court. See Utah Code 78A-12-102
Meets or exceeds minimum performance standards: means that:
(a)
(i)
a judge meets the certification standards under Section 78A-12-205; and
(ii)
the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i), is not overcome by substantial countervailing evidence; or
(b)
a judge does not meet the certification standards under Section 78A-12-205, but the presumption described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence. See Utah Code 78A-12-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
“Does not meet or exceed minimum performance standards” means that:
(a)
(i)
a judge does not meet the certification standards under Section 78A-12-205; and
(ii)
the presumption, described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or
(b)
a judge meets the certification standards under Section 78A-12-205, but the presumption, described in Subsection 78A-12-203(4)(b)(i), that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence.
(3)
Except as provided in Section 78A-12-207, “judge” means a state court judge or a state court justice who is subject to a retention election.
(4)
“Justice” means a judge who is a member of the Supreme Court.
“Meets or exceeds minimum performance standards” means that:
(a)
(i)
a judge meets the certification standards under Section 78A-12-205; and
(ii)
the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i), is not overcome by substantial countervailing evidence; or
(b)
a judge does not meet the certification standards under Section 78A-12-205, but the presumption described in Subsection 78A-12-203(4)(b)(ii), that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence.
