reglab/statecodes huggingface dataset:
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 3 - Appellate Court Nominating Commission › Section 304 - Procedure -- Staff.

Effective 5/3/2023
78A-10a-304.
Procedure -- Staff.
(1) Four commissioners are a quorum.
(2) The governor shall appoint a member of the governor's staff to serve as staff to the commission.
(3) The governor shall:
(a) ensure that the commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; and
(b) resolve any questions regarding the rules described in Subsection (3)(a).
(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 3 - Appellate Court Nominating Commission › Section 305 - Expenses -- Per diem and travel.

Effective 5/3/2023
78A-10a-305.
Expenses -- Per diem and travel.
A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 4 - District and Juvenile Court Nominating Commissions › Section 401 - Definitions.

Effective 5/3/2023
78A-10a-401.
Definitions.
As used in this part:
(1) "Commission" means a district and juvenile court nominating commission created under Section 78A-10a-402.
(2) "Commissioner" means an individual appointed by the governor to serve on a district and juvenile court nominating commission created under Section 78A-10a-402.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 4 - District and Juvenile Court Nominating Commissions › Section 402 - Creation -- Purpose.

Effective 5/3/2023
78A-10a-402.
Creation -- Purpose.
(1) There is a district and juvenile court nominating commission created for each geographical division of the district and juvenile courts.
(2) A district and juvenile court nominating commission shall nominate individuals to fill judicial vacancies for the district court and the juvenile court within the commission's geographical division.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 4 - District and Juvenile Court Nominating Commissions › Section 403 - Membership -- Vacancies -- Removal.

Effective 5/3/2023
78A-10a-403.
Membership -- Vacancies -- Removal.
(1) A district and juvenile court nominating commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term.
(2) A commissioner shall:
(a) be a United States citizen;
(b) be a resident of Utah;
(c) be a resident of the geographical division to be served by the commission to which the commissioner is appointed; and
(d) serve until the commissioner's successor is appointed.
(3) The governor may not appoint:
(a) a commissioner to successive terms; and
(b) a member of the Legislature to serve as a commissioner.
(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual's appointment would ensure that the commission selects applicants without any regard to partisan political consideration.
(5) The governor shall appoint the chair of each commission from among the membership of the commission.
(6) The governor shall fill any vacancy on the commission caused by the expiration of a commissioner's term.
(7)
(a) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term.
(b) A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service.
(8) The governor may remove a commissioner from the commission at any time with or without cause.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 4 - District and Juvenile Court Nominating Commissions › Section 404 - Procedure -- Staff.

Effective 5/3/2023
78A-10a-404.
Procedure -- Staff.
(1) Four commissioners are a quorum.
(2) The governor shall appoint a member of the governor's staff to serve as staff for each commission.
(3) The governor shall:
(a) ensure that each commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; and
(b) resolve any questions regarding the rules.
(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 4 - District and Juvenile Court Nominating Commissions › Section 405 - Expenses -- Per diem and travel.

Effective 5/3/2023
78A-10a-405.
Expenses -- Per diem and travel.
A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 250, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 5 - Business and Chancery Court Nominating Commission › Section 501 - Definitions.

Effective 7/1/2024
78A-10a-501.
Definitions.
As used in this part:
(1) "Commission" means the Business and Chancery Court Nominating Commission created in Section 78A-10a-502.
(2) "Commissioner" means an individual appointed by the governor to serve on the Business and Chancery Court Nominating Commission.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 5 - Business and Chancery Court Nominating Commission › Section 502 - Creation.

Effective 7/1/2024
78A-10a-502.
Creation.
(1) There is created the Business and Chancery Court Nominating Commission.
(2) The Business and Chancery Court Nominating Commission shall nominate individuals to fill judicial vacancies on the Business and Chancery Court.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 5 - Business and Chancery Court Nominating Commission › Section 503 - Membership -- Appointment -- Vacancies -- Removal.

Effective 7/1/2024
78A-10a-503.
Membership -- Appointment -- Vacancies -- Removal.
(1) The Business and Chancery Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term.
(2) A commissioner shall:
(a) be a United States citizen;
(b) be a resident of Utah; and
(c) serve until the commissioner's successor is appointed.
(3) The governor may not appoint:
(a) a commissioner to serve successive terms; or
(b) a member of the Legislature to serve as a member of the commission.
(4) In determining whether to appoint an individual to serve as a commissioner, the governor shall consider whether the individual's appointment would ensure that the commission selects applicants without any regard to partisan political consideration.
(5) The governor shall appoint the chair of the commission from among the membership of the commission.
(6) The governor shall fill any vacancy in the commission caused by the expiration of a commissioner's term.
(7)
(a) If a commissioner is disqualified, removed, or is otherwise unable to serve, the governor shall appoint a replacement commissioner to fill the vacancy for the unexpired term.
(b) A replacement commissioner appointed under Subsection (7)(a) may not be reappointed upon expiration of the term of service.
(8) The governor may remove a commissioner from the commission at any time with or without cause.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 5 - Business and Chancery Court Nominating Commission › Section 504 - Procedure -- Staff -- Rules -- Recusal.

Effective 7/1/2024
78A-10a-504.
Procedure -- Staff -- Rules -- Recusal.
(1) Four commissioners are a quorum.
(2) The governor shall appoint a member of the governor's staff to serve as staff to the commission.
(3) The governor shall:
(a) ensure that the commission follows the rules promulgated by the State Commission on Criminal and Juvenile Justice under Section 78A-10a-201; and
(b) resolve any questions regarding the rules described in Subsection (3)(a).
(4) A commissioner who is a licensed attorney may recuse oneself if there is a conflict of interest that makes the commissioner unable to serve.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 10a - Judicial Selection › Part 5 - Business and Chancery Court Nominating Commission › Section 505 - Expenses -- Per diem and travel.

Effective 7/1/2024
78A-10a-505.
Expenses -- Per diem and travel.
A commissioner may not receive compensation or benefits for the commissioner's service but may receive per diem and travel expenses in accordance with:
(1) Section 63A-3-106;
(2) Section 63A-3-107; and
(3) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107.
Amended by Chapter 250, 2023 General Session, (Coordination Clause)
Enacted by Chapter 394, 2023 General Session
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 102 - Definitions.

Superseded 7/1/2024
78A-11-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13 and this chapter.
(2)
(a) "Complaint" includes:
(i) a written complaint against a judge; or
(ii) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, Section 13.
(b) "Complaint" does not include an allegation initiated by the commission or its staff.
(3) "Investigation" means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, Section 13.
(4) "Judge" includes the chief justice of the Supreme Court, a justice of the Supreme Court, an appellate court judge, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 102 - Definitions.

Effective 7/1/2024
78A-11-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Judicial Conduct Commission established by Utah Constitution Article VIII, Section 13, and this chapter.
(2)
(a) "Complaint" includes:
(i) a written complaint against a judge; or
(ii) an allegation based on reliable information received in any form, from any source, that alleges, or from which a reasonable inference can be drawn that a judge is in violation of any provision of Utah Constitution Article VIII, Section 13.
(b) "Complaint" does not include an allegation initiated by the commission or its staff.
(3) "Investigation" means an inquiry into an allegation of misconduct, including a search for and examination of evidence concerning the allegations, which begins upon the receipt of a complaint and is completed when either the complaint is dismissed by a majority vote of the commission or when an order is sent to the Supreme Court for its review in accordance with Utah Constitution Article VIII, Section 13.
(4) "Judge" includes the chief justice of the Supreme Court, a justice of the Supreme Court, a judge of the Court of Appeals, a judge of the Business and Chancery Court, a district court judge, an active senior judge, a juvenile court judge, a justice court judge, an active senior justice court judge, and a judge pro tempore of any court of this state.
Amended by Chapter 394, 2023 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 104 - Expenses -- Per diem and travel.

Effective 5/13/2014
78A-11-104.
Expenses -- Per diem and travel.
(1) A member who is not a legislator may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses as allowed in:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance according to Sections 63A-3-106 and 63A-3-107.
(2) Compensation and expenses of a member who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
Amended by Chapter 387, 2014 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 105 - Grounds for reprimand, censure, suspension, removal, or involuntary retirement of justice, judge, or justice court judge -- Suspension.

78A-11-105.
Grounds for reprimand, censure, suspension, removal, or involuntary retirement of justice, judge, or justice court judge -- Suspension.
(1) The commission may issue an order, subject to the Supreme Court's review and issuance of a final order implementing, rejecting, or modifying the commission's order, that any judge be reprimanded, censured, suspended, removed from office, or involuntarily retired, for:
(a) action which constitutes willful misconduct in office;
(b) final conviction of a crime punishable as a felony under state or federal law;
(c) willful and persistent failure to perform judicial duties;
(d) disability that seriously interferes with the performance of judicial duties; or
(e) conduct prejudicial to the administration of justice which brings a judicial office into disrepute.
(2) In addition to the reasons specified in Subsection (1), the Supreme Court shall order the reprimand, censure, suspension, removal, or involuntary retirement of any justice court judge who fails to obtain and maintain certification from the Judicial Council for attendance at required judicial training courses or who fails to meet the minimum requirements for office, including residency.
(3)
(a) The Supreme Court may, on its own motion, suspend or remove a judge from office if the judge:
(i) develops a physical or mental disability that seriously interferes with the performance of his judicial duties as provided in the Utah Constitution, Article VIII, Section 13, Paragraph 4;
(ii) becomes unqualified to hold the judicial office as provided in the Utah Constitution, Article VIII, Sections 7 and 10, and Section 78A-2-221; or
(iii) brings the judicial office into disrepute by engaging in conduct prejudicial to the administration of justice as provided in the Utah Constitution, Article VIII, Section 13, Paragraph 5.
(b) The Supreme Court shall provide notice to the judge and an opportunity to be heard.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 107 - Referral of attorney misconduct.

78A-11-107.
Referral of attorney misconduct.
If the commission, during the course of its investigation into an allegation of judicial misconduct, receives information upon which a reasonable person might conclude that a member of the state bar has violated one of the Rules of Professional Conduct, the commission shall refer that information about the attorney to the Office of Professional Conduct of the Utah State Bar.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 108 - Involuntary disability retirement or removal of a judge.

78A-11-108.
Involuntary disability retirement or removal of a judge.
(1) The commission shall recommend and issue an order for the removal or involuntary retirement of a judge of any court of this state, in accordance with the procedure outlined in this section, for a disability that seriously interferes with the performance of the judge's judicial duties and which is, or is likely to become, of a permanent character.
(2) The commission shall order a medical examination and report.
(3) The commission in recommending an order of involuntary retirement or removal of a judge for a disability, shall base it on the evaluation and recommendations submitted by one or more medical examiners or physicians, including an examination of essential statements submitted by either bar or judicial associations or committees certifying that:
(a) the judge acquires a physical or mental disability and this disability seriously interferes with the performance of the judge's judicial duties; and
(b) the judge's incapacity is likely to continue and be permanent and that the judge should be involuntarily retired or removed.
(4)
(a) The Supreme Court shall review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence.
(b) After its review, the Supreme Court shall issue its order implementing, rejecting, or modifying the commission's order.
(5) Retirement or involuntary retirement as provided in this chapter shall be processed through the Utah State Retirement Office, and the judge retiring shall meet the requirements for retirement as specified in this chapter.
(6) Upon an order for involuntary retirement, the judge shall retire with the same rights and privileges as if the judge retired pursuant to statute.
Amended by Chapter 366, 2011 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 109 - Receipt of complaints.

78A-11-109.
Receipt of complaints.
(1) The commission shall receive and investigate any complaint against a judge.
(2) Unless the complaint alleges criminal misconduct, the commission may decline to investigate any complaint received four or more years after the act or omission which constitutes the alleged misconduct.
(3) During the course of any investigation, the commission may order a hearing to be held concerning the reprimand, censure, suspension, removal, or involuntary retirement of a judge.
(4) The commission shall provide the judge with all information necessary to prepare an adequate response or defense, which may include the identity of the complainant.
Enacted by Chapter 3, 2008 General Session
Amended by Chapter 274, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 110 - Hearing.

78A-11-110.
Hearing.
(1)
(a) A hearing may be conducted before a quorum of the commission.
(b) Any finding or order shall be made upon a majority vote of the quorum.
(2) Alternatively, the commission may appoint three special masters, who are judges of courts of record, to hear and take evidence in the matter and to report to the commission.
(3)
(a) After the hearing or after considering the record and report of the masters, if the commission finds by a preponderance of the evidence that misconduct occurred, it shall order the reprimand, censure, suspension, removal, or involuntary retirement of the judge.
(b) When a commission order is sent to the Supreme Court, it shall also be:
(i) publicly disclosed; and
(ii) sent to the entity that appointed the judge.
(c) In recommending any order, including stipulated orders, the commission may not place, or attempt to place, any condition or limitation upon the Supreme Court's constitutional power to:
(i) review the commission's proceedings as to both law and fact; or
(ii) implement, reject, or modify a commission order.
(4) When the commission issues any order, including a stipulated order, that is sent to the Supreme Court, the record shall include:
(a) the original complaint and any other information regarding violations, or potential violations, of the Code of Judicial Conduct;
(b) the charges;
(c) all correspondence and other documents which passed between the commission and the judge;
(d) all letters which may explain the charges;
(e) all affidavits, subpoenas, and testimony of witnesses;
(f) the commission's findings of fact and conclusions of law;
(g) a transcript of any proceedings, including hearings on motions;
(h) a copy of each exhibit admitted into evidence;
(i) a summary of all the complaints dismissed by the commission against the judge which contained allegations or information similar in nature to the misconduct under review by the Supreme Court;
(j) a summary of all the orders implemented, rejected, or modified by the Supreme Court against the judge; and
(k) all information in the commission's files on any informal resolution, including any letter of admonition, comment, or caution, that the commission issued against the judge prior to May 1, 2000.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 111 - Supreme Court action.

78A-11-111.
Supreme Court action.
(1) Before the implementation, rejection, or modification of any commission order the Supreme Court shall:
(a) review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence; and
(b) consider the number and nature of previous orders issued by the Supreme Court and may increase the severity of the order based on a pattern or practice of misconduct or for any other reason that the Supreme Court finds just and proper.
(2) After briefs have been submitted and any oral argument made, the Supreme Court shall issue its order implementing, rejecting, or modifying the commission's order.
(3)
(a) Upon an order for removal, the judge shall be removed from office and his salary or compensation ceases from the date of the order.
(b) Upon an order for suspension from office, the judge may not perform any judicial functions and may not receive a salary for the period of suspension.
Enacted by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 112 - Confidentiality.

78A-11-112.
Confidentiality.
(1) The transmission, production, or disclosure of any complaints, papers, or testimony in the course of proceedings before the commission, the masters appointed under Section 78A-11-110, or the Supreme Court may not be introduced in any civil action.
(2) The transmission, production, or disclosure of any complaints, papers, or testimony in the course of proceedings before the commission or the masters appointed under Section 78A-11-110 may be introduced in any criminal action, consistent with the Utah Rules of Evidence. This information shall be shared with the prosecutor conducting a criminal investigation or prosecution of a judge as provided in Section 78A-11-106.
(3) Complaints, papers, testimony, or the record of the commission's confidential hearing may not be disclosed by the commission, masters, or any court until the Supreme Court has entered its final order in accordance with this section, except:
(a) upon order of the Supreme Court;
(b) upon the request of the judge who is the subject of the complaint;
(c) as provided in Subsection (4);
(d) to aid in a criminal investigation or prosecution as provided in Section 78A-11-106; or
(e) this information is subject to audit by the Office of Legislative Auditor General, and any records released to the Office of Legislative Auditor General shall be maintained as confidential, except:
(i) for information that has already been made public; and
(ii) the final written and oral audit report of the Legislative Auditor General may present information about the commission as long as it contains no specific information that would easily identify a judge, witness, or complainant.
(4) If the Senate Judicial Confirmation Committee requests Judicial Conduct Commission records, the commission shall disclose the information to the Senate Judicial Confirmation Committee or its staff if the chair of the Senate Judicial Confirmation Committee certifies in writing that the committee will limit the disclosure of any information received to the minimum amount necessary to allow the Senate to evaluate the candidate's fitness for office.
(5) Upon the dismissal of a complaint or allegation against a judge, the dismissal shall be disclosed without consent of the judge to the person who filed the complaint.
Amended by Chapter 114, 2009 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 11 - Judicial Conduct Commission › Section 113 - Subpoena power of the commission -- Testimony -- Contempt.

78A-11-113.
Subpoena power of the commission -- Testimony -- Contempt.
(1) The commission may issue subpoenas in aid of an investigation of a complaint filed with the commission. The subpoena shall have the same authority as an order of the district court. Commission subpoenas shall be issued in the manner and form prescribed for subpoenas by the Utah Rules of Civil Procedure. Commission subpoenas shall be served in the manner prescribed for subpoenas by the Utah Rules of Civil Procedure.
(2) The commission may administer oaths and compel testimony under oath in aid of an investigation of a complaint filed with the commission and at hearings before the commission.
(3) If a person fails to comply with a subpoena, or if a person appears before the commission and refuses to testify to a matter upon which the person may be lawfully questioned, the person is in contempt of the commission, and the commission may file in the district court a motion for an order to show cause why the penalties established in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 12 - Judicial Performance Evaluation Commission Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 2/11/2022
78A-12-102.
Definitions.
As used in this chapter:
(1) "Commission" means the Judicial Performance Evaluation Commission established by this chapter.
(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) Except as provided in Section 78A-12-207, "judge" means 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 11, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 12 - Judicial Performance Evaluation Commission Act › Part 2 - Judicial Performance Evaluation › Section 201 - Judicial Performance Evaluation Commission -- Creation -- Membership.

Effective 2/11/2022
78A-12-201.
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 executive director of the Commission on Criminal and Juvenile 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) Each of the appointing authorities may appoint no more than half of the appointing authority's members from the same political party.
(c) 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.
(6)
(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 (6)(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.
Amended by Chapter 11, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 12 - Judicial Performance Evaluation Commission Act › Part 2 - Judicial Performance Evaluation › Section 202 - Salary and expenses -- Staff.

78A-12-202.
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 pursuant to Sections 63A-3-106 and 63A-3-107.
(2) The commission shall elect a chair from among its 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 Commission on Criminal and Juvenile Justice.
Amended by Chapter 286, 2010 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 12 - Judicial Performance Evaluation Commission Act › Part 2 - Judicial Performance Evaluation › Section 205 - Certification standards.

Effective 2/11/2022
78A-12-205.
Certification standards.
(1) The commission shall establish certification standards requiring that:
(a) the judge have no more than one public sanction issued by the Utah Supreme Court during the judge's current term; and
(b) the judge receive a minimum score on the judicial performance survey as follows:
(i) an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7); and
(ii) if the commission includes a question on the survey that does not use the numerical scale, the commission shall establish the certification standard for all questions that do not use the numerical scale to be substantially equivalent to the standard required under Subsection (1)(b)(i).
(2) The commission may establish an additional certification standard if the commission by at least two-thirds vote:
(a) determines that satisfaction of the standard is necessary to the satisfactory performance of the judge; and
(b) adopts the standard.
(3) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a certification standard.
Amended by Chapter 11, 2022 General Session
2023 Utah Code › Title 78A - Judiciary and Judicial Administration › Chapter 12 - Judicial Performance Evaluation Commission Act › Part 2 - Judicial Performance Evaluation › Section 207 - Evaluation of justice court judges.

Effective 5/9/2017
78A-12-207.
Evaluation of justice court judges.
(1) The Judicial Performance Evaluation Commission shall:
(a) conduct a performance evaluation for each justice court judge in the third and fifth year of the justice court judge's term;
(b) classify each justice court judge into one of the following three categories:
(i) full evaluation;
(ii) midlevel evaluation; or
(iii) basic evaluation; and
(c) establish evaluation criteria for each of the three categories.
(2) A full evaluation justice court judge shall be subject to the requirements of this chapter.
(3) A midlevel evaluation justice court judge shall be governed by this chapter, except as provided below:
(a) the commission shall administer an intercept survey periodically outside the courtroom of the evaluated justice court judge in lieu of the survey specified in Section 78A-12-204; and
(b) courtroom observation may not be conducted for midlevel evaluation justice court judges.
(4) A basic evaluation justice court judge shall be governed by this chapter, except as provided below:
(a) basic evaluation justice court judges shall comply with minimum performance standards for judicial education, judicial conduct, cases under advisement, and any other standards the commission may promulgate by administrative rule; and
(b) courtroom observation and surveys may not be conducted for basic evaluation justice court judges.
Amended by Chapter 81, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 102 - Definitions.

Effective 5/9/2017
78B-1-102.
Definitions.
As used in this part:
(1) "Clerk" or "clerk of the court" means the person so designated by title and includes any deputy clerk.
(2) "Court" means trial court.
(3) "Jury" means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact.
(4) "Master jury list" means the source lists as prescribed by the Judicial Council under Section 78B-1-106.
(5) " Prospective jury list" means the list of prospective jurors whose names are drawn at random from the master jury list and are determined to be qualified to serve as jurors.
(6) "Public necessity" means circumstances in which services performed by the prospective juror to members of the public in either a public or a private capacity cannot adequately be performed by others.
(7) "Trial jury" means a body of persons selected from the citizens of a particular county before a court or officer of competent jurisdiction and sworn to try and determine by verdict a question of fact.
(8) "Undue hardship" means circumstances in which the prospective juror would:
(a) be required to abandon a person under his or her personal care or incur the cost of substitute care which is unreasonable under the circumstances;
(b) suffer extreme physical hardship due to an illness, injury, or disability; or
(c) incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 103 - Jurors selected from random cross section -- Opportunity and obligation to serve.

78B-1-103.
Jurors selected from random cross section -- Opportunity and obligation to serve.
(1) It is the policy of this state that:
(a) persons selected for jury service be selected at random from a fair cross section of the population of the county:
(b) all qualified citizens have the opportunity in accordance with this chapter to be considered for service; and
(c) all qualified citizens are obligated to serve when summoned, unless excused.
(2) A qualified citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, age, occupation, disability, or economic status.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 104 - Jury composition.

78B-1-104.
Jury composition.
(1) A trial jury consists of:
(a) 12 persons in a capital case;
(b) eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;
(c) six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;
(d) four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and
(e) eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.
(2) Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.
(3)
(a) The verdict in a criminal case shall be unanimous.
(b) The verdict in a civil case shall be by not less than three-fourths of the jurors.
(4) There is no jury in the trial of small claims cases.
(5) There is no jury in the adjudication of a minor charged with what would constitute a crime if committed by an adult.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 105 - Jurors -- Competency to serve -- Persons not competent to serve as jurors -- Court to determine disqualification.

78B-1-105.
Jurors -- Competency to serve -- Persons not competent to serve as jurors -- Court to determine disqualification.
(1) A person is competent to serve as a juror if the person is:
(a) a citizen of the United States;
(b) 18 years of age or older;
(c) a resident of the county; and
(d) able to read, speak, and understand the English language.
(2) A person who has been convicted of a felony which has not been expunged is not competent to serve as a juror.
(3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service. The court shall base its decision on:
(a) information provided on the juror qualification form;
(b) an interview with the prospective juror; or
(c) other competent evidence.
(4) The clerk shall enter the court's determination in the records of the court.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 106 - Master jury list -- Inclusive -- Review -- Renewal -- Public examination.

Effective 5/9/2017
78B-1-106.
Master jury list -- Inclusive -- Review -- Renewal -- Public examination.
(1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list. The master jury list shall be as inclusive of the adult population as is reasonably practicable.
(2) The Judicial Council shall by rule provide for the biannual review of the master jury list to evaluate the master jury list's inclusiveness of the adult population.
(3) Not less than once every six months the Administrative Office of the Courts shall renew the master jury list by incorporating any additions, deletions, or amendments to the source lists. The Administrative Office of the Courts shall include any additional source lists designated by the Judicial Council upon the next renewal of the master jury list.
(4) The person having custody, possession, or control of any list used in compiling the master jury list shall make the list available to the Administrative Office of the Courts at all reasonable times without charge.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 107 - Master prospective jury list -- Juror qualification form -- Content.

Effective 5/9/2017
78B-1-107.
Master prospective jury list -- Juror qualification form -- Content.
(1) When a jury trial is anticipated, the jury clerk shall obtain from the master jury list the number of prospective jurors necessary to qualify jurors to empanel a jury in that case.
(2) Prospective jurors shall be randomly selected from the county in which the trial will be held. A prospective juror shall remain on the prospective jury list until there is no longer a need to empanel a jury in that case.
(3) The Judicial Council shall by rule govern the process for the qualification of jurors and the selection of qualified jurors for voir dire.
(4) The process shall gather the following from a prospective juror:
(a) confirmation of the prospective juror's name, address, email address, and daytime telephone number;
(b) information on whether the prospective juror is competent under statute to serve as a juror; and
(c) the prospective juror's declaration that the responses to the requests for information are true to the best of the person's knowledge.
Amended by Chapter 115, 2017 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 108 - Qualified prospective jurors not exempt from jury service.

78B-1-108.
Qualified prospective jurors not exempt from jury service.
No qualified prospective juror is exempt from jury service.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 109 - Excuse from jury service -- Postponement.

Effective 5/12/2015
78B-1-109.
Excuse from jury service -- Postponement.
(1) A court may excuse an individual from jury service:
(a) upon a showing:
(i) of undue hardship;
(ii) of public necessity;
(iii) that the individual is a mother who is breastfeeding a child; or
(iv) that the individual is incapable of jury service; and
(b) for any period for which the grounds described in Subsection (1)(a) exist.
(2) An individual described in Subsection (1) shall make the showing described in Subsection (1)(a) by affidavit, sworn testimony, or other competent evidence.
(3) The court may postpone jury service upon a showing of good cause.
Amended by Chapter 69, 2015 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 110 - Limitations on jury service.

Effective 5/8/2018
78B-1-110.
Limitations on jury service.
(1) In any two-year period, a person may not:
(a) be required to serve on more than one grand jury;
(b) be required to serve as both a grand and trial juror;
(c) be required to attend court as a trial juror more than one court day, except if necessary to complete service in a particular case; or
(d) if summoned for jury service and the summons is complied with as directed, be selected for the prospective jury list more than once.
(2)
(a) Subsection (1)(d) does not apply to counties of the fourth, fifth, and sixth class and counties of the third class with populations up to 75,000.
(b)
(i) All population figures used for this section shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not available from the United States Bureau of the Census, population figures shall be derived from the estimate of the Utah Population Committee.
Amended by Chapter 330, 2018 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 111 - Food allowance for jurors -- Sequestration costs.

78B-1-111.
Food allowance for jurors -- Sequestration costs.
(1) Jurors may be provided with a reasonable food allowance under the rules of the Judicial Council.
(2) When a jury has been placed in sequestration by order of the court, the necessary expenses for food and lodging shall be provided in accordance with the rules of the Judicial Council.
Renumbered and Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 78B - Judicial Code › Chapter 1 - Juries and Witnesses › Part 1 - Jury and Witness Act › Section 112 - Jurors -- Preservation of records.

78B-1-112.
Jurors -- Preservation of records.
All records and papers compiled in connection with the selection and service of jurors shall be preserved by the clerk for four years, or for any longer period ordered by the court.
Renumbered and Amended by Chapter 3, 2008 General Session