78A-12-102. Definitions for chapter.
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Effective 5/6/2026
78A-12-102. Definitions for chapter.
As used in this chapter:
(1)"Commission" means the Judicial Performance Evaluation Commission established in Section 78A-12-103 .
(2)"Does not meet or exceed minimum performance standards" means that:
(i)a judge does not meet the certification standards under Section 78A-12-205 ; and
(ii)the presumption, described in Subsection 78A-12-203(4)(b)(ii) , that the judge does not meet or exceed minimum performance standards is not overcome by substantial countervailing evidence; or
(b)a judge meets the certification standards under Section 78A-12-205 , but the presumption, described in Subsection 78A-12-203(4)(b)(i) , that the judge meets or exceeds minimum performance standards is overcome by substantial countervailing evidence.
(3)"Judge" means, except as provided in Section 78A-12-207 , a state court judge or a state court justice who is subject to a retention election.
(4)"Justice" means a judge who is a member of the Supreme Court.
(5)"Justice court judge" means a judge appointed pursuant to Title 78A, Chapter 7, Justice Court .
(6)"Meets or exceeds minimum performance standards" means that:
(i)a judge meets the certification standards under Section 78A-12-205 ; and
(ii)the presumption that the judge meets or exceeds minimum performance standards, described in Subsection 78A-12-203(4)(b)(i) , is not overcome by substantial countervailing evidence; or
(b)a judge does not meet the certification standards under Section 78A-12-205 , but the presumption described in Subsection 78A-12-203(4)(b)(ii) , that the judge does not meet or exceed minimum performance standards, is overcome by substantial countervailing evidence.
Amended by Chapter 279 , 2026 General Session