§ 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:

(2)(a) (2)(a)(i) a judge does not meet the certification standards under Section 78A-12-205; and
(2)(a)(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) 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:

(6)(a) (6)(a)(i) a judge meets the certification standards under Section 78A-12-205; and
(6)(a)(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
(6)(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.

Legislative History

Amended by Chapter 11, 2022 General Session