DAR File No. 40192

Judicial Performance Evaluation Commission, Administration

Section R597-3-5

Public Comments

Notice of Proposed Rule

(Amendment)

DAR File No.: 40192
Filed: 02/03/2016 11:16:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change relates to comments about judges submitted by members of the public.

Summary of the rule or change:

It lengthens the comment period and articulates which comments will be included in the midterm and retention evaluation cycles. It also deletes the requirement that comments must be based on first-hand experience with the judge.

State statutory or constitutional authorization for this rule:

• Sections 78A-12-101 through 78A-12-207

Anticipated cost or savings to:

the state budget:

The change has no impact on the state budget because it only changes deadlines for when comments must be submitted and broadens the scope of what kind of comments may be submitted. It does not change the number of judges evaluated, which is the central factor in determining the cost of the evaluations.

local governments:

The commission has no dealings with local government, so there is no cost or savings to those entities as a result of this change.

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 individual members of the public who may choose to submit comments about a judge. There is no cost or savings to them because all they are doing is submitting comments, which has no cost or savings associated with it.

Compliance costs for affected persons:

There is no cost to members of the public if they choose to submit a comment about a judge.

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

The amendment has no fiscal impact on businesses.

Joanne Slotnik, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• Joanne Slotnik at the above address, by phone at 801-538-1652, by FAX at 801-538-1024, or by Internet E-mail at jslotnik@utah.gov

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:

03/31/2016

This rule may become effective on:

04/07/2016

Authorized by:

John Ashton, Chair

R597. Judicial Performance Evaluation Commission, Administration.

R597-3. Judicial Performance Evaluations.

R597-3-5. Public Comments.

(1) Persons desiring to comment about a particular judge with whom they have had [first-hand] experience may do so at any time, either by submitting such comments on the commission website or by mailing them to the executive director.

(2) In order for the commission to consider comments in making its retention recommendation on a particular judge, comments about that judge must be received no later than [November] December 1st of the year preceding the election in which the judge's name appears on the ballot.

(3) Comments received after December 1st of the year preceding the election in which the judge's name appears on the ballot will be included as part of the judge's mid-term evaluation report in the subsequent evaluation cycle.

(4) Comments received about a judge after the mid-term evaluation cycle ends will be included in the judge's next retention evaluation report.

(5) Persons submitting comments pursuant to this section must include their full name, address, and telephone number with the submission.

[(4) All comments must be based upon first-hand experience with the judge.]

 

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

Date of Enactment or Last Substantive Amendment: [May 27, 2015]2016

Notice of Continuation: February 17, 2014

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