Utah’s governor selects judges using a merit-based retention system, and the state senate confirms them.
To hold judges accountable, Judicial Performance Evaluation Commission Executive Director Mary-Margaret Pingree says their names are put on the ballot on a rotating schedule. Supreme Court justices are on the ballot every 10 years; the rest come up for retention every six.
“They don't run against somebody else, but you vote ‘yes,’ they should stay a judge, or ‘no,’ they should step down,” she said on KPCW’s “Local News Hour” Oct. 19. “Voters really have the ultimate authority to hold judges accountable.”
All Utah voters will see at least seven judges on their ballots this year. That includes six of the seven appellate court justices as well as Supreme Court Justice Jill Pohlman.
Voters will also weigh in on certain district, juvenile and justice court judges, depending on where they live.
Summit County residents will see judges Matthew Bates, Steven K. Beck, Susan H. Eisenman, Aaron Flater, Coral Sanchez, Todd M. Shaughnessy and Charles A. Stormont. Wasatch County residents will see Jared W. Eldridge, Anthony L. Howell, Thomas L. Low, Douglas Nielsen and Kraig Powell.
To help voters determine which judges are doing their jobs, the state set up the Utah Judicial Performance Evaluation Commission. Pingree said the commission is made up of experts who provide nonpartisan information available online.
Full-time judges are evaluated in eight categories. Half — including legal ability, integrity, temperament and administrative skills — are evaluated through surveys.
“Are they respectful to people in the courtroom? Do they make sure that their personal beliefs don't come into their decision-making?” Pingree said.
Judges are also evaluated on whether they meet certain education standards and if they are physically and mentally fit for office. Timeliness of decisions, Pingree said, is another important factor.
“You can be really an excellent legal analyst, but if you're not moving cases through the courtroom effectively, then that is a problem for justice,” she said.
According to JPEC’s analysis, all judges on Summit and Wasatch County ballots meet or exceed performance standards.
