DAR File No. 40497

Governor, Criminal and Juvenile Justice (State Commission on)

Section R356-101-10

Evaluation Criteria

Notice of Proposed Rule

(Amendment)

DAR File No.: 40497
Filed: 06/15/2016 02:15:17 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment clarifies the evaluation criteria to be considered by judicial nominating commissions when evaluating applicants for judicial office.

Summary of the rule or change:

This amendment provides that judicial nominating commissions shall consider: 1) applicants' experience with issues facing children and families when evaluating applicants for juvenile court; and 2) applicants' ability to give and receive criticism of opinions without taking offense when evaluating applicants for appellate courts. This amendment further provides that judicial nominating commissions may consider the background and experience of applicants in relation to the current composition of the bench for which the appointment is being made when all other qualifications appear to be comparable.

State statutory or constitutional authorization for this rule:

• Subsection 78A-10-103(1)(a)

Anticipated cost or savings to:

the state budget:

This amendment clarifies existing practices of judicial nominating commissions. It will not require the expenditure of any additional state resources.

local governments:

This amendment governs only the operations of state judicial nominating commissions and will have no impact on local government.

small businesses:

The current rule and amendments govern the operations of state judicial nominating commissions and have no impact on small businesses.

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

This amendment clarifies existing practices of judicial nominating commissions. The amendment will not result in any cost or savings to any other person.

Compliance costs for affected persons:

This amendment clarifies current practice by judicial nominating commissions. It will not result in additional costs to any person.

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

This amendment will have no fiscal impact on businesses.

Ron Gordon, Executive Director

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

Governor
Criminal and Juvenile Justice (State Commission on)
Room Suite 330 Senate Building
State Capitol Complex
420 N State Street
Salt Lake City, UT 84114

Direct questions regarding this rule to:

• Ronald Gordon at the above address, by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at rbgordon@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:

08/01/2016

This rule may become effective on:

08/08/2016

Authorized by:

Ronald Gordon, Executive Director

R356. Governor, Criminal and Juvenile Justice (State Commission on).

R356-101. Judicial Nominating Commissions.

R356-101-10. Evaluation Criteria.

(1) In addition to criteria established by the Utah Constitution and the Utah Code Annotated, commission members shall during the nomination process consider the applicants':

[(1)](a) integrity;

[(2)](b) legal knowledge and ability;

[(3)](c) professional experience;

[(4)](d) judicial temperament;

[(5)](e) work ethic;

[(6)](f) financial responsibility;

[(7)](g) public service;

[(8)](h) ability to perform the work of a judge; and

[(9)](i) impartiality.

(2) When evaluating applicants for a juvenile court judge position, commission members shall consider the applicants' interest in, understanding of, and experience with the issues and problems facing children and families.

(3) When evaluating applicants for an appellate court position, commission members shall consider the applicants' ability to give and receive criticism of opinions and arguments without taking offense.

(4) When deciding among applicants for any judicial position whose qualifications, taken as a whole, appear in all other respects to be comparable, it is relevant to consider the background and experience of the applicants in relation to the current composition of the bench for which the appointment is being made.

 

KEY: judicial nominating commissions, judges

Date of Enactment or Last Substantive Amendment: [July 1, 2010]2016

Notice of Continuation: June 26, 2015

Authorizing, and Implemented or Interpreted Law: 78A-10-103(1)