Utah § 78A-12-201 Judicial Performance Evaluation Commission -- Creation -- Membership.

Utah Statutes

§ 78A-12-201 — Judicial Performance Evaluation Commission -- Creation -- Membership.

Utah·Title 78A Judiciary and Judicial Administration·Ch. 78A-12 Judicial Performance Evaluation Commission Act·Part 78A-12-2 Judicial Performance Evaluation

(1)There is created an independent commission called the Judicial Performance Evaluation Commission consisting of 13 members, as follows:

(1)(a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar;

(1)(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;

(1)(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;

(1)(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

(1)(e) the executive director of the Commission on Criminal and Juvenile Justice.

(2)(2)(a) The president of

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(1) There is created an independent commission called the Judicial Performance Evaluation Commission consisting of 13 members, as follows:
(1)(a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar;
(1)(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;
(1)(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;
(1)(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
(1)(e) the executive director of the Commission on Criminal and Juvenile Justice.
(2) (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.
(2)(b) A sitting legislator or a sitting judge may not serve as a commission member.
(3) (3)(a) A member appointed under Subsection (1) shall be appointed for a four-year term.
(3)(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) (6)(a) Eight members of the commission constitute a quorum.
(6)(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.
(6)(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.
(6)(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.

Utah § 78A-12-201 (Judicial Performance Evaluation Commission -- Creation -- Membership.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.