Utah Code 78A-12-102. Definitions
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As used in this chapter:
(1) “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:(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
- 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:
(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- 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:(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.(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.(5) “Justice court judge” means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court.(6) “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.