Title 78A, Title 78A: Judiciary and Judicial Administration

78A-10a-604. Membership -- Appointment -- Vacancies -- Removal. (1) The Constitutional Court Nominating Commission shall consist of seven commissioners, each appointed by the governor to serve a four-year term. (2) A commissioner shall: be a United States citizen; be a resident o…

78A-10a-605. 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: ensure that the commission follows the rules promulgated by the S…

78A-10a-606. 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; and 63A-3-107 (3) rules made by the Division o…

78A-10a-607. Selection requirements for applicants. (1) In selecting applicants who are the most qualified to serve on the Constitutional Court, the commission shall give precedence to an applicant who: is a judge or justice; or has previously served as a judge or justice. (2) Th…

78A-11-101. Creation. In accordance with Article VIII, Section 13 of the Utah Constitution, a Judicial Conduct Commission is created.

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) "Complaint" includes: a written complaint against a judge; or an allegation based on reliable…

78A-11-103. Judicial Conduct Commission -- Members -- Terms -- Vacancies -- Voting -- Power of chair. (1) The membership of the commission consists of the following 11 members: two members of the House of Representatives to be appointed by the speaker of the House of Representati…

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: Section; 63A-3-106 Section; and 63A-3-107 rules made by the Division of…

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, …

78A-11-106. Criminal investigation of a judge -- Administrative leave. (1) Except as provided in Subsection, if the commission, during the course of the commission's investigation into an allegation of judicial misconduct, receives information upon which a reasonable individual m…

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 Pro…

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 …

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 w…

78A-11-110. Hearing. (1) A hearing may be conducted before a quorum of the commission. 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 …

78A-11-111. Supreme Court action. (1) Before the implementation, rejection, or modification of any commission order the Supreme Court shall: review the commission's proceedings as to both law and fact and may permit the introduction of additional evidence; and consider the number…

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, or the Supreme Court may not be introduced in any civil action. 78A-11-110…

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 sh…

78A-11-114. Annual reporting requirement to Legislature. (1) Before November 1 of each year, the commission shall report to the Judiciary Interim Committee on the following matters from the previous fiscal year: the number of complaints received; the number of complaints resolved…

78A-12-102. Definitions for chapter. As used in this chapter: (1) "Commission" means the Judicial Performance Evaluation Commission established in Section. 78A-12-103 (2) "Does not meet or exceed minimum performance standards" means that: a judge does not meet the certification s…

78A-12-103. 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: two members appointed by the president of the Senate, only …

78A-12-104. 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: Section; 63A-3-106 Section; and 63A-3-107 rules made by the Division of Finance in accordance…

78A-12-105. Quorum -- Voting requirements -- Meetings. (1) Eight members of the commission constitute a quorum. 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 m…

78A-12-106. Report to Judiciary Interim Committee. (1) Before October 1, 2026, the commission shall study whether the number of times that a judge is overturned on appeal for an abuse of discretion should be included in a judicial performance evaluation. (2) No later than Novembe…

78A-12-203. Judicial performance evaluation. (1) The commission shall prepare a judicial performance evaluation for: each judge in the third and fifth year of the judge's term if the judge is not a justice of the Supreme Court; and each justice of the Utah Supreme Court in the th…

78A-12-204. Judicial performance survey. (1) A third party under contract to the commission shall conduct, on an ongoing basis during the judge's term in office, the judicial performance survey required by Sectionconcerning a judge who is subject to a retention election. 78A-12-2…

78A-12-205. Certification standards. (1) As used in this section: "Opinions" means the decisions authored by a judge for the calendar year. "Submission" means the later of the day on which: staff placed a matter in the case needing a decision from the court in the judge's persona…

78A-12-206. Publication of the judicial performance evaluation -- Response by judge. (1) The commission shall compile a retention report of the commission's judicial performance evaluation of a judge. The report of a judicial performance evaluation nearest the judge's next schedu…

78A-12-207. Evaluation of justice court judges. (1) The Judicial Performance Evaluation Commission shall: conduct a performance evaluation for each justice court judge in the third and fifth year of the justice court judge's term; classify each justice court judge into one of the…