DAR File No. 41026

Judicial Performance Evaluation Commission, Administration

Section R597-3-8

Judicial Written Statements

Notice of Proposed Rule

(Amendment)

DAR File No.: 41026
Filed: 11/17/2016 04:33:35 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The part of the statute on which this rule amendment is based was used for the first time this spring. Creating a deadline for written statements will standardize the way the Judicial Performance Evaluation Commission (JPEC) collects them from judges.

Summary of the rule or change:

The rule amendment imposes a due date for written statements on judges eligible to provide one to JPEC.

Statutory or constitutional authorization for this rule:

• Section 78A-12-206

Anticipated cost or savings to:

the state budget:

The change has no impact on the state budget because it only imposes a deadline on judges for submission of written statements.

local governments:

The change has no impact on local governments because it only imposes a deadline on judges for submission of written statements.

small businesses:

The commission has no authority with respect to small businesses and no dealings with small businesses; consequently, there is no impact on such entities.

persons other than small businesses, businesses, or local governmental entities:

The only affected persons are the judges who are eligible to submit a written statement to JPEC, pursuant to Subsection 78A-12-206(3).

Compliance costs for affected persons:

This rule amendment imposes a deadline. There are no associated compliance costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

It is my opinion that application of this amendment will not create any fiscal impact.

John Ashton, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Judicial Performance Evaluation Commission
Administration
Room B-330 SENATE BUILDING
420 N STATE ST
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Jennifer Yim at the above address, by phone at , by FAX at , or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/17/2017

This rule may become effective on:

01/24/2017

Authorized by:

John Ashton, Chair

R597. Judicial Performance Evaluation Commission, Administration.

R597-3. Judicial Performance Evaluations.

R597-3-8. Judicial Written Statements.

If, pursuant to Utah Code Ann. Subsection 78A-12-206(3), a judge is eligible to provide a written statement to be included in the judge's evaluation report, the statement shall be due to commission staff, in writing, no later than one week after the deadline for the judge to file a declaration of the judge's candidacy in the retention election.

 

KEY: judicial performance evaluations, judges, evaluation cycles, surveys

Date of Enactment or Last Substantive Amendment: [April 20, 2016]2017

Notice of Continuation: February 17, 2014

Authorizing, and Implemented or Interpreted Law: 78A-12