Title 78A, Judiciary and Judicial Administration

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: (a) ensure that the commission follows the rules promulgated by t…

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 63A-3-107; and (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: (a) is a judge or justice; or (b) has previously served as a judge or justice…

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)(a) "Complaint" includes: (i) a written complaint against a judge; or (ii) an allegation based…

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

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…

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)(a) Except as provided in Subsection (5), if the commission, during the course of the commission's investigation into an allegation of judicial misconduct, receives information upon which a reasonable indiv…

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) 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 an…

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 th…

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.…

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: (a) the number of complaints received; (b) the number of complaints …

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)(i) a judge does not meet the certific…

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: (a) two members appointed by the president of the Senate, o…

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: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance i…

78A-12-105. Quorum -- Voting requirements -- Meetings. (1)(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 ex…

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: (a) 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 (b) each justice of the Utah Supreme Court i…

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 Section 78A-12-203 concerning a judge who is subject to a retention electi…

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

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

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 on…