Terms Used In Utah Code > Title 78A > Chapter 12 > Part 1 - General Provisions

• 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