DAR File No. 40497
This rule was published in the July 1, 2016, issue (Vol. 2016, No. 13) of the Utah State Bulletin.
Governor, Criminal and Juvenile Justice (State Commission on)
Notice of Proposed Rule
DAR File No.: 40497
Filed: 06/15/2016 02:15:17 PM
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.
This amendment governs only the operations of state judicial nominating commissions and will have no impact on local government.
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 firstname.lastname@example.org
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:
This rule may become effective on:
Ronald Gordon, Executive Director
R356. Governor, Criminal and Juvenile Justice (State Commission on).
R356-101. Judicial Nominating Commissions.
R356-101-10. Evaluation Criteria.
In addition to criteria established by the Utah Constitution and the Utah Code Annotated, commission members shall during the nomination process consider the applicants':
(2)] legal knowledge and ability;
(3)] professional experience;
(4)] judicial temperament;
(5)] work ethic;
(6)] financial responsibility;
(7)] public service;
(8)] ability to perform the work of a judge; and
KEY: judicial nominating commissions, judges
Date of Enactment or Last Substantive Amendment: [
July 1, 2010]
Notice of Continuation: June 26, 2015
Authorizing, and Implemented or Interpreted Law: 78A-10-103(1)
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20160701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Ronald Gordon at the above address, by phone at 801-538-1432, by FAX at 801-538-1024, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.