SB 233 — Judicial Performance Evaluation Amendments

233 decisions about tenure, appointments, retention, promotions, or those students admitted, may not be classified as protected under this section;

- 7 - SB0233 compared with SB0233S01 (33) records that would reveal the contents of settlement negotiations but not including final settlements or empirical data to the extent that they are not otherwise exempt from disclosure;

(b)- any7 terms,- conditions,S.B. restrictions, or privileges relating to the donation may not be classified protected by the governmental entity under this Subsection (37);

233 Enrolled Copy (b) any terms, conditions, restrictions, or privileges relating to the donation may not be classified protected by the governmental entity under this Subsection (37);

and - 8 - SB0233 compared with SB0233S01 (ii) of:

(e) scholarly correspondence;[ {[} and] (f) confidential information contained in research proposals;

(41)(41)(a) (a) records in the custody or control of the Office of the Legislative Auditor General that would reveal the name of a particular legislator who requests a legislative audit prior to the date that audit is completed and made public;

and (b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the Office of the Legislative Auditor General is a public document unless the legislator asks that the records in the custody or control of the Office of the Legislative Auditor General- that8 would- revealEnrolled theCopy nameS.B. of a particular legislator who requests a legislative audit be maintained as protected records until the audit is completed and made public;

233 General that would reveal the name of a particular legislator who requests a legislative audit be maintained as protected records until the audit is completed and made public;

- 9 - SB0233 compared with SB0233S01 (46) records provided by any pawn or secondhand business to a law enforcement agency or to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act;

(a) information or records held by the Department of Health and Human Services related to- a9 complaint- regardingS.B. a provider, program, or facility which the department is unable to substantiate;

233 Enrolled Copy to a complaint regarding a provider, program, or facility which the department is unable to substantiate;

and - 10 - SB0233 compared with SB0233S01 (ii) the individual complying with the law, ordinance, rule, or order;

(55) information collected and a report prepared by the Judicial Performance Evaluation Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12, Judicial Performance Evaluation Commission[ Act], requires disclosure of, or makes public,- the10 information- orEnrolled report;Copy S.B.

233 public, the information or report;

(a) records that would disclose information relating to allegations of personal misconduct, gross mismanagement, or illegal activity of a person if the information or allegation cannot be - 11 - SB0233 compared with SB0233S01 corroborated by the Office of Inspector General of Medicaid Services through other documents or evidence, and the records relating to the allegation are not relied upon by the Office of Inspector General of Medicaid Services in preparing a final investigation report or final audit report;

(60) records that reveal methods used by the Office of Inspector General of Medicaid Services, the fraud unit, or the Department of Health and Human Services, to discover Medicaid- fraud,11 waste,- orS.B. abuse;

233 Enrolled Copy Medicaid fraud, waste, or abuse;

- 12 - SB0233 compared with SB0233S01 (b) record any encounter between a law enforcement officer and a person that results in death or bodily injury, or includes an instance when an officer fires a weapon;

and (c)- intended12 and- usedEnrolled forCopy purposesS.B. of training emergency responders how to improve their response to an emergency situation;

233 (c) intended and used for purposes of training emergency responders how to improve their response to an emergency situation;

- 13 - SB0233 compared with SB0233S01 (73) a record described in Section 72-16-306 that relates to the reporting of an injury involving an amusement ride;

(80)- an13 image- takenS.B. of an individual during the process of booking the individual into jail, unless:

233 Enrolled Copy (80) an image taken of an individual during the process of booking the individual into jail, unless:

- 14 - SB0233 compared with SB0233S01 (c) a judge orders the release or dissemination of the image based on a finding that the release or dissemination is in furtherance of a legitimate law enforcement interest;

(83)- the14 following- recordsEnrolled ofCopy aS.B. drinking water or wastewater facility:

233 (83) the following records of a drinking water or wastewater facility:

- 15 - SB0233 compared with SB0233S01 (86) a record:

(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a representative- from15 another- state,S.B. a tribe, the federal government, or other government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;

233 Enrolled Copy representative from another state, a tribe, the federal government, or other government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;

Judicial Performance Evaluation Commission - 16 - SB0233 compared with SB0233S01 Part 1.

General Provisions 78A-12-102.78A-12-102 .

(a)(a)(i) (i) a judge does not meet the certification standards under Section 78A-12-205;

(3) [Except as provided in Section 78A-12-207, "judge" means] "Judge" means, except as provided in Section 78A-12-207, a state court judge or a state court justice who is subject- to16 a- retentionEnrolled election.Copy S.B.

233 subject to a retention election.

(a)(a)(i) (i) a judge meets the certification standards under Section 78A-12-205;

Section 78A-12-10378A-12-103, which is renumbered from Section 78A-12-201 is renumbered and amended to read:

[78A-12-201] 78A-12-103.78A-12-103 .

- 17 - SB0233 compared with SB0233S01 (a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar;

(2)(2)(a) (a) The president of the Senate and the speaker of the House of Representatives shall confer when appointing members under Subsections (1)(a) and (b) to ensure that there is at least one member from among their four appointees who is a member of the Utah State Bar.

(3)(3)(a) (a) A member appointed under Subsection (1) shall be appointed for a four-year term.

(b)- A17 member- mayS.B. serve no more than three consecutive terms.

233 Enrolled Copy (b) A member may serve no more than three consecutive terms.

[(6)[(6)(a) (a) Eight members of the commission constitute a quorum.] [(b) The action of a majority of the quorum constitutes the action of the commission, except that the commission may not make a determination that a judge meets or exceeds minimum performance standards, or that a judge does not meet or exceed minimum performance standards, by a vote of less than six members.] [(c) If, because of absences, the commission is unable to make a determination described in Subsection (6)(b) by at least six votes, the commission may meet a second time to make a determination.] - 18 - SB0233 compared with SB0233S01 [(d) If a vote on the question of whether a judge meets or exceeds minimum performance standards or does not meet or exceed minimum performance standards ends in a tie or does not pass by at least six votes, the record shall reflect that the commission made no determination in relation to that judge.] {(7)} {(a) Any meeting of the commission shall comply with Title 52, Chapter 4, Open and Public Meetings Act, including any electronic meeting.} {(b) The commission may meet in a closed meeting to discuss a judge's judicial performance evaluation by complying with Title 52, Chapter 4, Open and Public Meetings Act.} {(c) Notwithstanding Subsection (7)(b), any vote of the commission on whether a judge meets or exceeds minimum performance standards shall occur in a meeting open to the public.} Section 4.

Section 78A-12-10478A-12-104, which is renumbered from Section 78A-12-202 is renumbered and amended to read:

[78A-12-202] 78A-12-104.78A-12-104 .

Section 578A-12-105 is enacted to read:

78A-12-105.78A-12-105 .

(1)- (a)18 Eight- membersEnrolled ofCopy theS.B. commission constitute a quorum.

233 (1)(a) Eight members of the commission constitute a quorum.

- 19 - SB0233 compared with SB0233S01 (c) If, because of absences, the commission is unable to make a determination described in Subsection (1)(b) by at least six votes, the commission may meet a second time to make a determination.

(2)(2)(a) (a) A member of the commission, including a member of the Utah State Bar, may not be disqualified from voting on whether a judge meets or exceeds minimum performance standards solely because the member appears before the judge as an attorney, a fact witness, or an expert, unless the member is a litigant in a case pending before the judge.

(3)(3)(a) (a) Any meeting of the commission shall comply with Title 52, Chapter 4, Open and Public Meetings Act, including any electronic meeting.

(4) Any record of an individual commissioner's vote on whether a judge meets or exceeds minimum performance standards is a protected record under Title 63G, Chapter 2, Government- Records19 Access- andS.B. Management Act.

233 Enrolled Copy Government Records Access and Management Act.

Section 678A-12-106 is enacted to read:

78A-12-106.78A-12-106 .

- 20 - SB0233 compared with SB0233S01 (1) Before October 1, 2026, the commission shall study whether the number of times that a judge is overturned on appeal for an abuse of discretion should be included in a judicial performance evaluation.

Judicial Performance Evaluation 78A-12-203.78A-12-203 .

(2)(2)(a) [Except as provided in Subsection (3), the] (a) Subject to Subsection (2)(b), the judicial performance evaluation for a judge under Subsection (1) shall consider only the following information[ but shall give primary emphasis to the information that is gathered and relates to the performance of the judge during the period subsequent to the last judicial retention election of that judge or if the judge has not had a judicial retention election, during the period applicable to the first judicial retention election]:

[(b)] (ii) information concerning the judge's compliance with certification standards [established[ established in accordance with] described in Section 78A-12-205;

and [(g)]- (vii)20 any- otherEnrolled factorCopy thatS.B. the commission:

-233 21[(g)] -(vii) SB0233any comparedother withfactor SB0233S01that [(i)] (A) considers relevant to evaluating the judge'scommission: performance for the purpose of a retention election;

[(i)] (A) considers relevant to evaluating the judge's performance for the purpose of a retention election;

(4)(4)(a) (a) As part of [the evaluation] a judicial performance evaluation conducted under this section, the commission shall[ do one of the following]:

(b)(b)(i) (i) If a judge meets the certification standards established in accordance with Section 78A-12-205, there is a rebuttable presumption that the judge meets or exceeds minimum performance standards.

- 22 - SB0233 compared with SB0233S01 (ii) If a judge fails to meet the certification standards established in accordance with Section 78A-12-205, there is a rebuttable presumption that the judge does not meet or exceed minimum performance standards.

(c)- If21 the- commissionS.B. deviates from a presumption described in Subsection (4)(b), the commission shall provide a detailed explanation of the reason for that deviation in the commission's report under Section 78A-12-206.

233 Enrolled Copy (c) If the commission deviates from a presumption described in Subsection (4)(b), the commission shall provide a detailed explanation of the reason for that deviation in the commission's report under Section 78A-12-206.

(5)(5)[(a) [(a) The commission shall allow a judge who is the subject of a judicial performance retention evaluation, and who has not passed one or more of the certification standards on the retention evaluation, to appear and speak at any commission meeting during which the judge's judicial performance evaluation is considered.] (a) If a judge is the subject of a performance evaluation and has not passed one or more of the certification standards for that performance evaluation, the commission shall grant the judge time to appear and speak at a commission meeting during which the judge's performance evaluation will be considered.

[(c)[(c)(i) (i) The commission may meet in a closed meeting to discuss a judge's judicial performance evaluation by complying with Title 52, Chapter 4, Open and Public Meetings Act.] [(ii) The commission may meet in an electronic meeting by complying with Title 52, Chapter 4, Open and Public Meetings Act.] [(d) Any record of an individual commissioner's vote under Subsection (4) is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.] [(e){][(e)(i) {(c)} } (i) A member of the commission, including a member of the Utah State Bar, may not be disqualified from voting under Subsection (4) solely because the member appears before the judge as an - 23 - SB0233 compared with SB0233S01 attorney, a fact witness, or an expert, unless the member is a litigant in a case pending before the judge.] [(ii) Notwithstanding Subsection {[}(5)(e)(i), (5)(e)(i){] (5)(c)(i)}, a member of the commission shall disclose any conflicts of interest with the judge being reviewed to the other members of the commission before the deliberation and vote under Subsection (4).] [(iii) Information disclosed under this Subsection {[}(5)(e) (5)(e){] (5)(c)} is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.] [(f) The commission may only disclose the final commission vote described in Subsection- (4).]22 (6)- (a)Enrolled IfCopy theS.B. Utah Supreme Court issues a public sanction of a judge after the commission makes or fails to make a determination described in Subsection (4), but before the publication of the voter information pamphlet in accordance with Section 20A-7-702, the commission may elect to reconsider the commission's action.

233 Subsection (4).] (6)(a) If the Utah Supreme Court issues a public sanction of a judge after the commission makes or fails to make a determination described in Subsection (4), but before the publication of the voter information pamphlet in accordance with Section 20A-7-702, the commission may elect to reconsider the commission's action.

(7)(7)(a) (a) The commission shall compile a midterm report of the commission's judicial performance evaluation of a judge.

- 24 - SB0233 compared with SB0233S01 (b) The midterm report of a judicial performance evaluation shall include information that the commission considers appropriate for purposes of judicial self-improvement.

(c)(c)(i) (i) The report shall be provided to the evaluated judge, the presiding judge of the district in which the evaluated judge serves, and the Judicial Council.

(d)(d)(i) (i) The commission may provide a partial midterm evaluation to a judge whose appointment date precludes the collection of complete midterm evaluation data.

(ii) For a newly appointed judge, a midterm evaluation is considered partial when the midterm evaluation is missing a respondent group, including attorneys, court staff, court- room23 observers,- orS.B. intercept survey respondents.

233 Enrolled Copy court room observers, or intercept survey respondents.

78A-12-204.78A-12-204 .

(2)(2)(a) - 25 - SB0233 compared with SB0233S01 (a) The judicial performance survey shall include as respondents a sample of each of the following groups as applicable:

(ii) jurors who have served in a case before the judge;[ {[} and] (iii) court staff who have worked with the judge[.] ;

(b) Only a respondent under Subsection (2)(a)(i) who is admitted to practice law in the state and in good standing with the Utah State Bar may evaluate a judge's legal [ability][ ability] competence under Subsection (7)(a).

(a) considers a judicial performance survey of that classification of respondents helpful to- voters24 in- determiningEnrolled whetherCopy toS.B. vote to retain a judge;

233 to voters in determining whether to vote to retain a judge;

and (c) if the potential survey respondent is an individual who appeared before the judge as a partyandparty and to the extent practical, within 90 days after the day on which the case is closed excluding any time for an appeal.

- 26 - SB0233 compared with SB0233S01 (ii) attentiveness to factual and legal issues before the court;

(i) absence of bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation, political affiliation, socioeconomic status, legal representation,- or25 mental- healthS.B. or competency;

233 Enrolled Copy representation, or mental health or competency;

and] - 27 - SB0233 compared with SB0233S01 [(vii) ability to clearly communicate, including the ability to explain the basis for written rulings, court procedures, and decisions;

(ii)- timely26 issuance- ofEnrolled opinions,Copy orders,S.B. and other judicial rulings without unnecessary delay;

233 (ii) timely issuance of opinions, orders, and other judicial rulings without unnecessary delay;

[(9)[(9)(a) (a) The survey shall allow respondents to indicate responses in a manner determined by the commission, which shall be:] [(i) on a numerical scale from one to five;

or] [(ii) in the affirmative or negative, with an option to indicate the respondent's inability to respond in the affirmative or negative.] [(b)[(b)(i) (i) To supplement the responses to questions on either a numerical scale or in the affirmative or negative, the commission may allow respondents to provide written comments.] [(ii) The executive director may not provide the commission a comment that would be prohibited in relation to taking an employment action under federal or state law.] (9) The commission may formulate questions that allow survey respondents to provide responses through various means, including the ability to:

- 28 - SB0233 compared with SB0233S01 (c) answer nonrestrictive questions that explain or expand upon the survey categories described in Subsection (7) by providing additional written comments;

and (d) supplement answers that rank individuals or activities based on a numerical scale or that call for an affirmative or negative answer by {providing an option that allows } allowing a survey respondent to {writecomment ain } commentin writing.

[(11)] (12) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative- Rulemaking27 Act,- asS.B. necessary to administer the judicial performance survey.

233 Enrolled Copy Administrative Rulemaking Act, as necessary to administer the judicial performance survey.

78A-12-205.78A-12-205 .

and (ii) if the commission includes a question on the survey that does not use the numerical scale, [the commission shall establish the certification standard for all questions that do not use the numerical - 29 - SB0233 compared with SB0233S01 scale to be substantially equivalent] a substantial equivalent to the standard required under Subsection [(1)(b)(i)] (2)(b)(i).

(3)(3)(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:

(a)(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:

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

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

and (iii)(C) 100% of all opinions within one year after submission;

and (b)(ii) for a judge of the Court of Appeals, a certification standard that requires the judge to- have28 distributed- toEnrolled otherCopy membersS.B. of a Court of Appeals' panel:

(i)233 noto morehave thandistributed 25%to ofother opinionsmembers moreof thana 120Court daysof afterAppeals' submission;panel:

(ii)(A) no more than 10%25% of opinions more than 180120 days after submission;

and(B) (iii)no 100%more ofthan all10% of opinions withinmore 270than 180 days after submission.submission;

and (C) 100% of all opinions within 270 days after submission.

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

This Bill Repeals:

{Section 8.

Section 78A-12-206 is amended to read:

} 78A-12-206.

Publication of the judicial performance evaluation -- Response by judge.

(1) (a) The commission shall compile a retention report of the commission's judicial performance evaluation of a judge.

- 30 - SB0233 compared with SB0233S01 (b) The report of a judicial performance evaluation nearest the judge's next scheduled retention election shall be provided to the judge at least 45 days before the last day on which the judge may file a declaration of the judge's candidacy in the retention election.

(c) A report prepared in accordance with Subsection (1)(b) and information obtained in connection with the evaluation becomes a public record under Title 63G, Chapter 2, Government Records Access and Management Act, on the day following the last day on which the judge who is the subject of the report may file a declaration of the judge's candidacy in the judge's scheduled retention election if the judge declares the judge's candidacy for the retention election.

(d) Information collected and a report that is not public under Subsection (1)(c) is a protected record under Title 63G, Chapter 2, Government Records Access and Management Act.

(2) Within 15 days of receiving a copy of the commission's report under Subsection (1)(b):

(a) a judge who is the subject of an unfavorable action under Subsection 78A-12-203(4) may:

(i) provide a written response to the commission about the report;

and (ii) request an interview with the commission for the purpose of addressing the report;

and (b) a judge who is the subject of a favorable action under Subsection 78A-12-203(4) may provide a written response to the commission about the commission's report.

(3) (a) After receiving a response from a judge in any form allowed by Subsection (2), the commission may meet and reconsider the commission's action.

(b) If the commission does not change the commission's action, the judge may provide a written statement, not to exceed 100 words, that shall be included in the commission's report.

(4) The retention report of a judicial performance evaluation shall include:

(a) the results of the judicial performance survey, in both raw and summary form;

(b) information concerning the judge's compliance with the certification standards, including stating how many of the certification standards the judge met;

(c) information concerning any public discipline that a judge has received that is not subject to restrictions on disclosure under Title 78A, Chapter 11, Judicial Conduct Commission;

(d) a narrative concerning the judge's performance;

(e) the commission's determination under Subsection 78A-12-203(4);

(f) the number of votes for and against a determination described in Subsection 78A-12-203(4);

and - 31 - SB0233 compared with SB0233S01 (g) any other information the commission considers necessary to include in the report to explain the certification standards and the determination or lack of a determination made.

(5) The retention report of a judicial performance evaluation may include the number of times that the judge has been overturned on appeal for an abuse of discretion for the current reporting period.

[(5)] (6) (a) The commission may not include in the commission's retention report specific information concerning an earlier judicial performance evaluation.

(b) The commission may refer to information from an earlier judicial performance evaluation concerning the judge in the commission's report only if necessary to explain performance in the current reporting period and giving primary emphasis to the information gathered during the current reporting period.

[(6)] (7) The retention report of the commission's judicial performance evaluation shall be made publicly available on an [Internet] internet website.

[(7)] (8) The commission may make the report of the judicial performance evaluation immediately preceding the judge's retention election publicly available through other means within budgetary constraints.

[(8)] (9) The commission shall provide a summary of the judicial performance evaluation for each judge to the lieutenant governor for publication in the voter information pamphlet in the manner required by Title 20A, Chapter 7, Issues Submitted to the Voters.

[(9)] (10) The commission shall provide the Judicial Council with:

(a) the judicial performance survey results for each judge;

and (b) a copy of the retention report of each judicial performance evaluation.

[(10)] (11) The Judicial Council shall provide information obtained concerning a judge under Subsection (9) to the subject judge's presiding judge, if any.

Effective date.

2-9-26 1:49 PM - 3229 -