78A-12-205. Certification standards.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Opinions" means the decisions authored by a judge for the calendar year.

(b)"Submission" means the later of the day on which:

(i)staff placed a matter in the case needing a decision from the court in the judge's personal electronic queue or inbox, personal possession, or any other equivalent;

(ii)if a hearing or oral argument is set for a matter in the case, the hearing or oral argument concluded; or

(iii)if further briefing is required in the case after a hearing or oral argument, all briefing is completed, a request to submit is filed, or the matter is placed in the judge's personal electronic queue or inbox, personal possession, or any other equivalent.

(2)The commission shall establish certification standards requiring that:

(a)the judge have no more than one public sanction issued by the Supreme Court during the judge's current term; and

(b)the judge receive a minimum score on the judicial performance survey as follows:

(i)an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7) ; and

(ii)if the commission includes a question on the survey that does not use the numerical scale, a substantial equivalent to the standard required under Subsection (2)(b)(i).

(a)In addition to Subsection

(2), the commission shall establish certification standards for a judge of the Supreme Court or Court of Appeals that address timely management of the judge's caseload, including:

(i)for a justice of the Supreme Court, a certification standard that requires the justice to have distributed to other members of the Supreme Court:

(A)no more than 25% of opinions more than 150 days after submission;

(B)no more than 10% of opinions more than 210 days after submission; and

(ii)for a judge of the Court of Appeals, a certification standard that requires the judge to have distributed to other members of a Court of Appeals' panel:

(A)no more than 25% of opinions more than 120 days after submission;

(B)no more than 10% of opinions more than 180 days after submission; and

(b)This Subsection

(3)only applies to a submission on or after May 6, 2026.

(4)The commission may establish an additional certification standard if the commission by at least two-thirds vote:

(a)determines that satisfaction of the standard is necessary to the satisfactory performance of the judge; and

(b)adopts the standard.

(5)The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to establish a certification standard.

Amended by Chapter 279 , 2026 General Session