As used in this chapter:

1. (1) "Commission" means the Judicial Performance Evaluation Commission established in Section 78A-12-103.

2. (2) "Does not meet or exceed minimum performance standards" means that:

   1. (a)

      1. (i) a judge does not meet the certification standards under Section 78A-12-205; and
      2. (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. (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. (4) "Justice" means a judge who is a member of the Supreme Court.
5. (5) "Justice court judge" means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court.

6. (6) "Meets or exceeds minimum performance standards" means that:

   1. (a)

      1. (i) a judge meets the certification standards under Section 78A-12-205; and
      2. (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
   2. (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