Citizen Portal
Sign In

Get Full Government Meeting Transcripts, Videos, & Alerts Forever!

Get email alerts on the Judicial Performance topic

No spam. Unsubscribe anytime.

Senate approves technical changes to Judicial Performance Evaluation Commission process

Utah State Senate · February 27, 2017
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Senators advanced first substitute SB 193, a technical bill to adjust Judicial Performance Evaluation Commission procedures: clarified replacement appointments, a fix for truncated midterm evaluations, and limiting certain elements of legal-ability evaluations to licensed attorneys; the floor approved the bill by recorded vote.

Senator Wyler introduced first substitute SB 193 to amend the Judicial Performance Evaluation Commission (JPEC) statute with several narrowly drafted technical changes. The sponsor said the substitute is the product of discussions with the commission and the legal community and characterized it as a compromise designed to address concerns raised since the statute was enacted more than a decade ago.

Key changes the sponsor described include clarifying how appointments to the commission are handled when a member resigns before his or her term ends, adjusting the rules that can lead to truncated midterm evaluations depending on appointment timing, and clarifying that assessments of a judge’s legal ability should come from members of the bar. Wyler also said a small fiscal note (under $10,000) would allow the commission to hire an employment lawyer to evaluate certain anonymous comments that might otherwise be inappropriate to weigh in retention guidance.

Senator Hilliard asked whether midterm evaluations would remain confidential and whether the bill imposed penalties for failure to disclose conflicts of interest by volunteer commissioners. Wyler replied that evaluations remain confidential and that the bill would require disclosure without creating punitive sanctions for unpaid volunteer commissioners. He said the intention is to improve transparency while avoiding punitive measures that could discourage service.

After floor discussion the sponsor moved the amended bill to third reading. The clerk recorded the roll-call result: "Having received 26 yay votes, 0 nay votes, 3 absent, first substitute Senate Bill 193 shall be read for a third time." The motion advanced the bill in the legislative process.