General Provisions

Utah Code tit. 78A, ch. 78A-12, pt. 78A-12-P1

in effect

Utah Code § 78A-12-102 Definitions for chapter.

78A-12-102. Definitions for chapter. As used in this chapter: (1) "Commission" means the Judicial Performance Evaluation Commission established in Section 78A-12-103. (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) "Judge" means, except as provided in Section 78A-12-207, 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: (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. Amended by Chapter 279, 2026 General Session

Utah Code § 78A-12-103 Judicial Performance Evaluation Commission -- Creation -- Membership.

78A-12-103. Judicial Performance Evaluation Commission -- Creation -- Membership. (1) There is created an independent commission called the Judicial Performance Evaluation Commission consisting of 13 members, as follows: (a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar; (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; (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; (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 (e) the commissioner of the Department of Criminal Justice. (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. (b) A sitting legislator or a sitting judge may not serve as a commission member. (3) (a) A member appointed under Subsection (1) shall be appointed for a four-year term. (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. Renumbered and Amended by Chapter 279, 2026 General Session

Utah Code § 78A-12-104 Salary and expenses -- Staff.

78A-12-104. Salary and expenses -- Staff. (1) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (2) The commission shall elect a chair from among the commission's members. (3) The commission shall employ an executive director and may employ additional staff as necessary within budgetary constraints. (4) The commission shall be located in the Department of Criminal Justice. Renumbered and Amended by Chapter 279, 2026 General Session

Utah Code § 78A-12-105 Quorum -- Voting requirements -- Meetings.

78A-12-105. Quorum -- Voting requirements -- Meetings. (1) (a) Eight members of the commission constitute a quorum. (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. (c) If, because of absences, the commission is unable to make a determination described in Subsection (1)(b) by at least six votes, the commission may meet a second time to make a determination. (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. (2) (a) A member of the commission, including a member of the Utah State Bar, may not be disqualified from voting on whether a judge meets or exceeds minimum performance standards solely because the member appears before the judge as an attorney, a fact witness, or an expert, unless the member is a litigant in a case pending before the judge. (b) Notwithstanding Subsection (2)(a), a member of the commission shall disclose any conflicts of interest with a judge being reviewed to the other members of the commission before the deliberation and vote on whether the judge meets or exceeds minimum performance standards. (c) Information disclosed under this Subsection (2) is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act. (3) (a) Any meeting of the commission shall comply with Title 52, Chapter 4, Open and Public Meetings Act, including any electronic meeting. (b) The commission may meet in a closed meeting to discuss a judge's judicial performance evaluation by complying with Title 52, Chapter 4, Open and Public Meetings Act. (c) Notwithstanding Subsection (3)(b), any vote of the commission on whether a judge meets or exceeds minimum performance standards shall occur in a meeting open to the public. (d) The commission may only disclose the final commission vote under Subsection (3)(c). (4) Any record of an individual commissioner's vote on whether a judge meets or exceeds minimum performance standards is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act. Enacted by Chapter 279, 2026 General Session

Utah Code § 78A-12-106 Report to Judiciary Interim Committee.

78A-12-106. Report to Judiciary Interim Committee. (1) Before October 1, 2026, the commission shall study whether the number of times that a judge is overturned on appeal for an abuse of discretion should be included in a judicial performance evaluation. (2) No later than November 1, 2026, the commission shall provide a written report to the Judiciary Interim Committee regarding the outcome of the study described in Subsection (1). Enacted by Chapter 279, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78A/Chapter12/78A-12-P1.html?v=C78A-12-P1_2026050620260506Fetched: 10/26/2026