Judge Selection and Evaluation
How Judges are Selected and Evaluated in the Courts
Merit Selection of Judges
The office of judge is unique in our society. A judge is a public servant holding an office of high public trust and so should answer to the public. However, the obligation of a judge is to resolve disputes impartially and to base decisions solely upon the facts of the case and the law. A judge, therefore, should be insulated from public pressure.
Merit selection of judges was developed as an alternative to requiring judges to run in contested elections. The Judicial Article of the Utah Constitution, revised effective July 1, 1985, establishes merit selection as the exclusive method of choosing a state court judge. As stated in the Utah Constitution: "Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political consideration."
There are four steps in the Utah merit selection plan: nomination, appointment, confirmation and retention election.
A committee of lawyers and non-lawyers selected by the Governor, called a judicial nominating commission nominates between three and five of the best qualified candidates from all applicants. There is a judicial nominating commission for each judicial district and one for the appellate courts. Commissioners serve four year terms.
The Governor appoints one of the nominees who must then be confirmed by a majority of the Utah State Senate.
Return to TopJudicial Retention Elections
Under the Utah Constitution, judges must stand for retention election at the end of each term of office. The public has the opportunity to vote whether to retain the judge for another term. Before a judge stands for retention election, he or she is evaluated by the Judicial Council. The Judicial Council is established by the Utah Constitution as the policy making body for the judicial branch of government and is required by its own rules and by statute to evaluate the performance of all judges. As a result of the evaluation, the Judicial Council certifies whether the judge is qualified for retention election. The results of individual evaluations are published in the voter information pamphlet.
Performance Evaluation Program
The judicial performance evaluation program is required by statute and developed by rule of the Judicial Council. The purpose of the program is two-fold:
- To provide each judge with information for his or her self improvement
- To provide the public with information upon which to make knowledgeable decisions regarding retention election.
The evaluation of each judge's performance is conducted every two years regardless of whether the judge is standing for retention election. An independent surveyor conducts a poll of lawyers appearing before each judge and asks the lawyer to anonymously evaluate the judge based on several criteria. In addition, a similar survey of jurors is conducted for district court judges. Prior to the close of a judge's term of office, the Judicial Council reviews the results of the attorney and juror polls and other standards of performance and determines whether the judge is qualified for retention.
Criteria for Performance Evaluation
(A) Integrity:
(1) avoidance of impropriety and appearance of impropriety;(B) Knowledge and understanding of the law:
(2) freedom from personal bias;
(3) ability to decide issues based on the law and the facts without regard to the identity of the parties or counsel, the popularity of the decision, and without concern for or fear of criticism;
(4) impartiality of actions;
(5) compliance with the Code of Judicial Conduct.
(1) the issuance of legally sound decisions;(C) Ability to communicate:
(2) understanding of the substantive, procedural, and evidentiary law of the state;
(3) attentiveness to the factual and legal issues before the court;
(4) the proper application of judicial precedents and other appropriate sources of authority.
(1) clarity of bench rulings and other oral communications;(D) Preparation, attentiveness, dignity and control over proceedings:
(2) quality of written opinions with specific focus on clarity and logic, and the ability to explain clearly the facts of a case and the legal precedents at issue;
(3) sensitivity to impact of demeanor and other nonverbal communications.
(1) courtesy to all parties and participants; and(E) Skills as a manager:
(2) willingness to permit every person legally interested in a proceeding to be heard, unless precluded by law or rules of courts.
(1) devoting appropriate time to all pending matters;(F) Punctuality:
(2) discharging administrative responsibilities diligently;
(3) where responsibility exists for a calendar, knowledge of the number, age, and status of pending cases.
(1) the prompt disposition of pending matters; and
(2) meeting commitments on time and according to rules of the court.
Minimum Standards for Performance
The Judicial Council has established the following minimum standards for judicial performance. Some standards apply to all judges and some standards apply to judges of a specific court.
- A minimum score of 70% on at least 75% of the questions on the attorney survey.
- A minimum score of 70% on at least 75% of the questions on the juror survey.
- For justices of the Supreme Court, circulating no more than six principal opinions more than 180 days after submission.
- For judges of the Court of Appeals, circulating not more than six principal opinions more than 180 days after submission; and achieving a final average time to circulation of a principal opinion of not more than 120 days after submission.
- For judges of the trial court, no cases under advisement for more than 180 days and no more than 6 cases under advisement for more than 60 days.
- At least 30 hours of judicial education per year.
- Compliance with Code of Judicial Administration and the Code of Judicial Conduct.
- Physical and mental fitness for office.
A judge who fails to meet one or more of these standards may appear before the Judicial Council and show cause why he or she should nevertheless be certified.
Attorney Survey Questions
A random sample of attorneys appearing before each judge was asked to rate the judge as "excellent," "more than adequate," "adequate," "less than adequate," and "inadequate" on the following questions. A satisfactory response is "excellent," "more than adequate," or "adequate." To be certified the judge must receive a 70% satisfactory response rate to at least 75% of the following questions and an overall satisfactory response rate of at least 70%.
Questions of Attorneys About Appellate Judges
- Professional behavior is free from impropriety or the appearance of impropriety.
- Behavior is free from bias.
- Discourages inappropriate ex parte approaches from attorneys or participants in a case.
- Demonstrates knowledge of the substantive law.
- Demonstrates knowledge of the rules of evidence and procedure.
- Demonstrates an ability to perceive legal and factual issues.
- Properly applies the law to the facts of the case.
- Demonstrates an awareness of recent legal developments.
- Opinions demonstrate scholarly legal analysis.
- Opinions are clear and well written.
- Demonstrates preparation for oral arguments.
- Taking everything into account, would you recommend the Judicial Council certify this judge for retention election?
Questions of Attorneys About Trial Court Judges
- Professional behavior is free from impropriety or the appearance of impropriety.
- Weighs all evidence fairly and impartiality before rendering a decision.
- Behavior is free from bias.
- Discourages inappropriate ex parte approaches from attorneys or participants in a case.
- Demonstrates knowledge of the rules of procedure.
- Demonstrates knowledge of the rules of evidence.
- Applies the law to the facts of the case.
- Clearly explains the basis of oral decisions.
- Writes decisions in clear and coherent manner.
- Maintains order in the courtroom.
- Demonstrates a familiarity with the pleadings, record, memoranda, and/or briefs that reflects preparation.
- Issues orders, judgments, decrees, or opinions without unnecessary delay.
- Attorneys who recommend the Judicial Council certify the Judge for retention election.
Juror Survey Questions
All jurors appearing before each district court judge were asked to answer "yes" or "no" to each of the following questions. To be certified the judge must receive a 70% satisfactory response rate to at least 75% of the following questions and an overall satisfactory response rate of at least 70%. There are no jurors in the Supreme Court, Court of Appeals, or juvenile court, and some district court judges are assigned only cases for which there are no jury trials.
Questions of Jurors About District Court Judges
- Does the judge avoid "playing favorites?"
- Does the judge's behavior appear to be free from bias?
- Does the judge conduct proceedings in a fair and impartial manner?
- Does the judge clearly explain court procedures?
- Does the judge clearly explain reasons for delay?
- Does the judge clearly explain responsibilities of the jury?
- Does the judge behave in a dignified manner?
- Does the judge behave in a courteous manner?
- Does the judge avoid arrogance?
- Does the judge display patience?
- Does the judge display attentiveness?
- Does the judge treat people with respect?
- Does the judge convene court without undue delay?
- Did you find the recesses to be frequent enough and long enough to attend to your personal needs?
- Would you be comfortable having your case tried before this judge?