Administrative Office of the Courts 1996 Survey

The Administrative Office of the Courts surveys attorneys about judges up for retention.

The following information was provided by the Administrative Office of the Courts, 230 South 500 East, Suite 300, Salt Lake City, Utah 84102. It is reproduced here with permission.

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Survey Description and Results

Information About Judges Appearing on Your Ballot

1. 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 revised Judicial Article of the Utah Constitution, effective July 1, 1985, established 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. The nomination of judges is by a committee of lawyers and non-lawyers selected by the Governor. The judicial nominating commission nominates between three and five of the best qualified candidates from among all applicants. The Governor appoints one of the nominees, who then must be confirmed by a majority of the Utah State Senate.

2. Judicial 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. All of the judges standing for retention election in the 1996 general election have been certified as qualified for retention. The results of individual evaluations are published in this voter information pamphlet.

3. 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. Prior to the close of a judge's term of office, the Judicial Council reviews the results of the attorney poll and other standards of performance and determines whether the judge is qualified for retention.

4. Criteria for Performance Evaluation

1. Integrity:
   1. avoidance of impropriety and appearance of impropriety;
   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.
2. Knowledge and understanding of the law:
   1. the issuance of legally sound decisions;
   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.
3. Ability to communicate:
   1. clarity of bench rulings and other oral communications;
   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.
4. Preparation, attentiveness, dignity and control over proceedings:
   1. courtesy to all parties and participants; and
   2. willingness to permit every person legally interested in a proceeding to be heard, unless precluded by law or rules of courts.
5. Skills as a manager:
   1. devoting appropriate time to all pending matters;
   2. discharging administrative responsibilities diligently;
   3. where responsibility exists for a calendar, knowledge of the number, age, and status of pending cases.
6. Punctuality:
   1. the prompt disposition of pending matters; and
   2. meeting commitments on time and according to rules of the court.

5. Minimum Standards for Performance

• A minimum score of 70% on at least 75% of the questions on the attorney survey.
• No public sanctions by the Judicial Conduct Commission.
• No more than one private sanction by the Judicial Conduct Commission.
• For trial court judges, 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 legal 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 Conduct Council and show cause why he or she should nevertheless be certified.

6. Judges Standing for Retention Election November 5, 1996

The following judges have been certified by the Judicial Council as qualified for retention election:

(Information provided elsewhere.)

7. Certification Information for Each Judge

Appellate and Trial Court Judges

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%.

Attorney Survey Questions for Judges of the Court of Appeals

1. Professional behavior is free from impropriety or the appearance of impropriety.
2. Behavior is free from bias.
3. Discourages inappropriate ex parte approaches from attorneys or participants in a case.
4. Demonstrates knowledge of the substantive law.
5. Demonstrates knowledge of the rules of evidence and procedure.
6. Demonstrates an ability to perceive legal and factual issues.
7. Properly applies the law to the facts of the case.
8. Demonstrates an awareness of recent legal developments.
9. Opinions demonstrate scholarly legal analysis.
10. Opinions are clear and well written.
11. Demonstrates preparation for oral arguments.
12. Taking everything into account, would you recommend the Judicial Council certify this judge for retention election?

Attorney Survey Questions for District and Juvenile Court Judges

1. Professional behavior is free from impropriety or the appearance of impropriety.
2. Weighs all evidence fairly and impartiality before rendering a decision.
3. Behavior is free from bias.
4. Discourages inappropriate ex parte approaches from attorneys or participants in a case.
5. Demonstrates knowledge of the rules of procedure.
6. Demonstrates knowledge of the rules of evidence.
7. Applies the law to the facts of the case.
8. Clearly explains the basis of oral decisions.
9. Writes decisions in clear and coherent manner.
10. Maintains order in the courtroom.
11. Demonstrates a familiarity with the pleadings, record, memoranda, and/or briefs that reflects preparation.
12. Issues orders, judgments, decrees, or opinions without unnecessary delay.
13. Taking everything into account, would you recommend the Judicial Council certify this judge for retention election?

(Note: All judges up for retention were identified with the following information:)

• ...has been Certified by the Utah Judicial Council to have met or exceeded the Standards of Performance for the Office of Judge and is Qualified for Retention in the 1996 General Election.
• Received no public or private sanctions from the Judicial Conduct Commission.
• Attained the number of judicial education hours for the years indicated (Information shown elsewhere) which meets or exceeds the minimum requirement of 30 hours per year.
• Is in compliance with the Code of Judicial Conduct and the Code of Judicial Administration.
• Is mentally and physically fit for office.
• Received satisfactory scores on the certification questions of the attorney survey as indicated (elsewhere).

Survey Description and Results