1. (1) For the purposes of judicial performance evaluation and pursuant to Section 78A-12-205, the commission shall consider any public sanction of a judge issued by the Supreme Court during the judge's current term, including any public sanctions:

   1. (a) issued during the judge's midterm and retention evaluation cycles; and
   2. (b) issued after the end of the judge's retention evaluation cycle until the commission votes whether to recommend the judge for retention.

2. (2) If the Utah Supreme Court issues a public sanction of a judge after the reconsideration period is no longer available, as set forth in Subsection 78A-12-203(6), but before Election Day, the commission may elect to reconsider the commission's recommendation, using the reconsideration process outlined in Subsection 78A-12-203(6), even if the results of the

   reconsideration cannot be printed in the Voter Information Pamphlet, so long as the reconsideration is communicated through some public means.

3. (3) If the Utah Supreme Court issues a public sanction of a judge after the retention election of the judge, but before the end of the judge's term of office, and if the judge is retained by voters, the commission shall consider the public sanction as part of the judge's next judicial performance evaluation.

KEY: judicial performance evaluations, judges, evaluation cycles, surveys

Date of Last Change: May 14, 2024

Authorizing, and Implemented or Interpreted Law: 78A-12