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Utah Code Title 78A. Judiciary and Judicial Administration § 78A-12-102. Definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

As used in this chapter:

(1) “Commission” means the Judicial Performance Evaluation Commission established by this chapter.

(2) “Does not meet or exceed minimum performance standards” means that:

(a)(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) Except as provided in Section 78A-12-207, “judge” means 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:

(a)(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.

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Cite this article: FindLaw.com - Utah Code Title 78A. Judiciary and Judicial Administration § 78A-12-102. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78a-judiciary-and-judicial-administration/ut-code-sect-78a-12-102/

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