Utah Code 78A-12-201. Judicial Performance Evaluation Commission — Creation — Membership
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(1) There is created an independent commission called the Judicial Performance Evaluation Commission consisting of 13 members, as follows:
Terms Used In Utah Code 78A-12-201
- 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:(2)(a)(2)(a)(i) a judge does not meet the certification standards under Section 78A-12-205; and(2)(a)(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(2)(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
- 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:
(6)(a)(6)(a)(i) a judge meets the certification standards under Section 78A-12-205; and(6)(a)(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(6)(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- Quorum: The number of legislators that must be present to do business.
- 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
(1)(a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar;(1)(b) two members appointed by the speaker of the House of Representatives, only one of whom may be a member of the Utah State Bar;(1)(c) four members appointed by the members of the Supreme Court, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar;(1)(d) four members appointed by the governor, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar; and(1)(e) the executive director of the Commission on Criminal and Juvenile Justice.(2)(2)(a) The president of the Senate and the speaker of the House of Representatives shall confer when appointing members under Subsections (1)(a) and (b) to ensure that there is at least one member from among their four appointees who is a member of the Utah State Bar.(2)(b) Each of the appointing authorities may appoint no more than half of the appointing authority’s members from the same political party.(2)(c) A sitting legislator or a sitting judge may not serve as a commission member.(3)(3)(a) A member appointed under Subsection (1) shall be appointed for a four-year term.(3)(b) A member may serve no more than three consecutive terms.(4) At the time of appointment, the terms of commission members shall be staggered so that approximately half of commission members’ terms expire every two years.(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the same appointing authority that appointed the member creating the vacancy.(6)(6)(a) Eight members of the commission constitute a quorum.(6)(b) The action of a majority of the quorum constitutes the action of the commission, except that the commission may not make a determination that a judge meets or exceeds minimum performance standards, or that a judge does not meet or exceed minimum performance standards, by a vote of less than six members.(6)(c) If, because of absences, the commission is unable to make a determination described in Subsection (6)(b) by at least six votes, the commission may meet a second time to make a determination.(6)(d) If a vote on the question of whether a judge meets or exceeds minimum performance standards or does not meet or exceed minimum performance standards ends in a tie or does not pass by at least six votes, the record shall reflect that the commission made no determination in relation to that judge.