SB 233: Judicial Performance Evaluation Amendments - Utah

Amended 2/24/2026 11:02:772 → Substitute #1 · 7 edits

MODERATE

This bill reorganizes Utah's Judicial Performance Evaluation Commission statutes and updates rules for evaluating judges. It adds a requirement for the Commission to study how often judges are overturned on appeal, modifies survey categories to include administrative performance, and tightens certification standards for Supreme Court justices and Court of Appeals judges regarding timely opinion writing. The changes aim to improve transparency and accountability in judicial evaluations while protecting commissioner voting records.

REQUIREMENT

Requires the Judicial Performance Evaluation Commission to study reversal rates on appeal and report findings to the Judiciary Interim Committee by November 2026.

Updates judicial performance survey categories to include administrative performance, such as workload management and technology use.

Establishes stricter certification standards for Supreme Court justices and Court of Appeals judges, requiring a higher percentage of opinions to be written within specific timeframes.

Allows judges who have failed certification standards to appear and speak at Commission meetings during their evaluation.

DEFINITION

Clarifies definitions for 'judge' and 'justice' to ensure consistency across the chapter.

TIMELINE

Sets the effective date of the new certification standards and reporting requirements to May 6, 2026.

TECHNICAL

Renumbers several existing sections to reorganize the chapter structure and repeals an obsolete section.

Amended Excerpts 2/24/2026 11:02:772 → Amended 2/24/2026 11:02:772 · 6 edits

MODERATE

The bill reorganizes the Judicial Performance Evaluation Commission's statutes, clarifies the definition of protected records, and sets new certification standards for Supreme Court justices and Court of Appeals judges regarding timely opinion distribution. It also mandates a study on reversal rates and allows judges to speak at commission meetings under specific conditions.

Scope change

The bill expands the scope by adding new requirements for the Commission to conduct studies and allow judge testimony, while renumbering existing sections for clarity.

REQUIREMENT

Requires the Commission to study reversal rates on appeal and submit a report to the Judiciary Interim Committee.

Allows judges to appear and speak at Commission meetings in certain circumstances.

Updates certification standards for Supreme Court justices, requiring opinions be distributed within 150, 210, and 365 days.

Updates certification standards for Court of Appeals judges, requiring opinions be distributed within 120, 180, and 270 days.

ADDED

Adds a new definition for protected records, including test questions, commercial information, and procurement details.

TECHNICAL

Renumbered and reorganized statutory provisions within Title 78A, Chapter 12.

Enrolled → Amended Excerpts 2/24/2026 11:02:772 · 6 edits

MODERATE

This bill amends Utah's Judicial Performance Evaluation Commission laws to modernize definitions, reorganize statutory sections, and introduce new certification standards for judges. Key changes include stricter deadlines for Supreme Court and Court of Appeals justices to issue written opinions, a requirement for the Commission to study the impact of appellate reversals on judicial evaluations, and expanded protections for judges to speak at Commission meetings if they fail certification standards.

Scope change

The bill expands the scope of protected records under the Government Records Access and Management Act to include specific judicial and legislative records, such as individual commissioner votes and certain legislative deliberations.

REQUIREMENT

Added specific deadlines for Supreme Court justices (150, 210, and 365 days) and Court of Appeals judges (120, 180, and 270 days) to distribute opinions, effective May 6, 2026.

Requires the Commission to study whether appellate reversals for abuse of discretion should factor into judicial performance evaluations and report findings by November 1, 2026.

Mandates that judges who fail certification standards be granted time to appear and speak at Commission meetings during their evaluation.

DEFINITION

Added new definitions for 'justice' and 'justice court judge' to clarify the scope of the evaluation process.

SCOPE

Significantly expanded the list of protected records to include legislative deliberations, individual commissioner votes, and specific types of audit and investigative records.

TECHNICAL

Renumbered and reorganized multiple sections of Title 78A, Chapter 12 to improve statutory structure.

Introduced → Enrolled · 7 edits · Mar 23, 2026

MODERATE

This bill updates Utah's Judicial Performance Evaluation Commission by renumbering statutes, modifying survey requirements, and adjusting certification standards for judges. A key addition requires the Commission to study reversal rates on appeal and report findings to the Judiciary Interim Committee. The bill also clarifies rules for judges appearing before the Commission and expands protected records to include certain legislative and law enforcement communications.

Scope change

The bill's scope remains focused on the Judicial Performance Evaluation Commission, but it adds a new requirement for the Commission to conduct a specific study on appellate reversals and report to the Judiciary Interim Committee.

REQUIREMENT

Requires the Judicial Performance Evaluation Commission to perform a study regarding reversals on appeal and submit a report to the Judiciary Interim Committee.

Modified the judicial performance survey requirements to clarify when surveys are sent to different respondent groups (e.g., attorneys, jurors, parties) and expanded the categories of survey questions.

Modified certification standards for Supreme Court justices and Court of Appeals judges to include specific timelines for distributing written opinions.

Added provisions allowing judges who have failed certification standards to appear and speak at Commission meetings during their evaluation.

Expanded the list of protected records to include various types of sensitive information, such as legislative deliberations, certain law enforcement records, and specific institutional research data.

DEFINITION

Updated definitions within the Judicial Performance Evaluation Commission chapter to clarify terms like 'judge' and 'justice' in the context of retention elections.

TECHNICAL

Renumbered several statutes in Title 78A, Chapter 12, and repealed an obsolete section to align the code with current statutory organization.

Judicial Performance Evaluation Amendments

What changed between versions

How they voted

Actions timeline

Sponsors