There is a newer version
of
this Section
2022 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 12 - Judicial Performance Evaluation Commission Act
Part 1 - General Provisions
Section 102 - Definitions.
Universal Citation: UT Code § 78A-12-102 (2022)
Effective 2/11/2022
78A-12-102. Definitions.
As used in this chapter:
Amended by Chapter 11, 2022 General Session
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.
- (a)
- (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.
- (a)
Amended by Chapter 11, 2022 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
