78A-12-205.  Certification standards.

(1)  The commission shall establish certification standards requiring that:

Terms Used In Utah Code 78A-12-205

  • Commission: means the Judicial Performance Evaluation Commission established by this chapter. See Utah Code 78A-12-102
  • judge: means a state court judge or a state court justice who is subject to a retention election. See Utah Code 78A-12-102
(a)  the judge have no more than one public sanction issued by the Utah Supreme Court during the judge’s current term; and

(b)  the judge receive a minimum score on the judicial performance survey as follows:

(i)  an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7); and

(ii)  if the commission includes a question on the survey that does not use the numerical scale, the commission shall establish the certification standard for all questions that do not use the numerical scale to be substantially equivalent to the standard required under Subsection (1)(b)(i).

(2)  The commission may establish an additional certification standard if the commission by at least two-thirds vote:

(a)  determines that satisfaction of the standard is necessary to the satisfactory performance of the judge; and

(b)  adopts the standard.

(3)  The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a certification standard.

Amended by Chapter 11, 2022 General Session