H.B. 325

This document includes House Floor Amendments incorporated into the bill on Tue, Feb 25, 2014 at 4:47 PM by lerror. --> 1

JUDICIAL PERFORMANCE EVALUATION COMMISSION
2 AMENDMENTS
3 2014 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Eric K. Hutchings
6 Senate Sponsor: John L. Valentine
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the Judicial Performance Evaluation Commission
11 Act.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . includes justice court judges as subject to an evaluation process performed by the
16 Judicial Performance Evaluation Commission; and
17 . creates the criteria for the evaluation of justice court judges under the direction of
18 the Judicial Performance Evaluation Commission.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 78A-12-102 , as enacted by Laws of Utah 2008, Chapter 248
26 ENACTS:
27 78A-12-207 , Utah Code Annotated 1953

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 78A-12-102 is amended to read:
31 78A-12-102. Definitions.
32 As used in this chapter:
33 (1) "Commission" means the Judicial Performance Evaluation Commission established
34 by this chapter.
35 (2) ["Judge"] Except as provided in Section 78A-12-207 , "judge" means a state court
36 judge or a state court justice who is subject to a retention election.
37 (3) "Justice" means a judge who is a member of the Supreme Court.
38 (4) "Justice court judge" means a judge appointed pursuant to Title 78A, Chapter 7,
39 Justice Court.
40 Section 2. Section 78A-12-207 is enacted to read:
41 78A-12-207. Evaluation of justice court judges.
42 (1) The Judicial Performance Evaluation Commission shall:
43 (a) conduct a performance evaluation for each justice court judge in the third and fifth
44 year of the justice court judge's term;
45 (b) classify each justice court judge into one of the following three categories:
46 (i) full evaluation;
47 (ii) midlevel evaluation; or
48 (iii) basic evaluation; and
49 (c) establish evaluation criteria for each of the three categories.
50 (2) A full evaluation justice court judge shall be subject to the requirements of the
51 Judicial Performance Evaluation Commission Act.
52 (3) A midlevel evaluation justice court judge shall be governed by the Judicial
53 Performance Evaluation Commission Act, except as provided below:
54 (a) an electronic intercept survey shall be administered by the commission periodically
55 outside the courtroom of the evaluated justice court judge in lieu of the survey specified in
56 Section 78A-12-204 ; and
57 (b) courtroom observation may not be conducted for midlevel evaluation justice court
58 judges.

59 (4) A basic evaluation justice court judge shall H. be governed by the Judicial
59a Performance Evaluation Commission Act, except as provided below:
59b (a) basic evaluation justice court judges shall .H comply with H. [ the following ]
59c minimum .H performance
60 standards H. [ :
61 (a) no fewer than 30 hours of continuing judicial education for each year of the justice
62 court judge's current term;
63 (b) no more than one public reprimand issued by the Judicial Conduct Commission or
64 the Supreme Court during the justice court judge's current term;
65 (c) no cases under advisement for more than two months during the justice court
66 judge's current term; and
67 (d) other performance standards the commission may promulgate by administrative
68 rule ] for judicial education, judicial conduct, cases under advisement, and any other standards
68a the commission may promulgate by administrative rule; and
68b (b) courtroom observation and surveys may not be conducted for basic evaluation
68c justice court judges .H .




Legislative Review Note
as of 1-23-14 9:12 AM

Office of Legislative Research and General Counsel