Frequently Asked Questions
1. What is the Utah Judicial Performance Evaluation Commission and what does it do?
The Judicial Performance Evaluation Commission (JPEC) was established by the legislature in 2008. Its goals are:
- To collect and disseminate valid information about each judges performance so that voters may make informed decisions about whether or not to retain that judge in office.
- To provide judges with useful feedback about their performance so that they may become better judges and to thereby improve the quality of the judiciary as a whole;
- To promote public accountability of the judiciary while ensuring that the judiciary continues to operate as an independent branch of government.
To accomplish these goals, the Judicial Performance Evaluation Commission conducts multi-faceted evaluations of judges. A key part of the Commission's evaluation process is a survey of people who have had sufficient experience with a judge to develop an informed opinion about his or her performance. These people include attorneys, jurors, and court staff.
Those surveyed are asked to evaluate the judges on their legal ability, integrity and judicial temperament, and administrative ability. In addition, the Commission conducts a courtroom observation program, and ensures compliance with disciplinary and education standards.
As judges stand for retention elections, the Commission makes a public recommendation regarding whether the judge should be retained in office. The voters ultimately decide whether or not each judge will continue to serve in office.
2. Who serves on the Judicial Performance Evaluation Commission?
The Commission consists of 13 members. The Utah Supreme Court and the Governor each appoint four members; the President of the Senate and Speaker of the House of Representatives each appoint two members; and the executive director of the Commission on Criminal and Juvenile Justice also serves on the Commission. No more than seven members may be attorneys. No more than half the members appointed by each branch of government may be of the same political party.
The current members of the Commission on Judicial Performance are:
- Anthony Schofield, Commission Chair and retired 4th District Court judge appointed by the Supreme Court.
- Jennifer MJ Yim, Commission vice chair and citizen, appointed by the Governor.
- John P. Ashton, attorney, appointed by the Supreme Court.
- Robert S. Fotheringham, citizen, appointed by the Supreme Court.
- Joanne Rigby, retired justice court judge, appointed by the Governor.
- Ron Gordon, attorney and executive director of the Commission on Criminal and Juvenile Justice.
- Dave Lambert, attorney, appointed by the Senate.
- David Roth, retired 2nd District Court judge, appointed by the Governor.
- Anthony Schofield, Commission vice chair and retired 4th District Court judge appointed by the Supreme Court.
- Ann Marie McIff Allen, attorney, appointed by the House of Representatives.
- David Turner, Executive Committee member and citizen, appointed by the House of Representatives.
- Russell K. VanVleet, citizen, appointed by the Supreme Court.
The executive director of the Commission is Joanne C. Slotnik.
3. Which judges are evaluated?
The Commission will evaluate all judges and justices who stand for retention election in the state, beginning with those who stand for retention election in 2012. These include Utah Supreme Court justices, Utah Court of Appeals judges, district court judges, juvenile court judges, and both municipal and county justice court judges.
4. Who gets to fill out the survey questionnaires?
Attorneys, jurors, and court staff who have worked with or interacted with each judge standing for retention election will be surveyed.
5. What happens after the survey questionnaires are completed and returned?
The Commission has contracted with Wikstrom Economic and Planning Consultants to develop and conduct the statutorily-mandated surveys of attorneys, jurors, and court staff. Wikstrom will process all survey results on a secure server and compile results of all of the completed questionnaires into a composite report to be supplied to the Judicial Performance Evaluation Commission. Individual questionnaires, remain confidential; judges and members of the Commission do not know the names of the people who make comments or what ratings specific individuals give to judges.
6. Will judges and justices see any completed questionnaires?
No, judges will not see individual questionnaires. They will only be able to see the composite report that compiles the results of all returned questionnaires. That report will include written comments provided by people being surveyed; however, any identifying information in the comments will be removed.
7. Will the commission do anything besides surveying?
Yes. The statute says the Commission must institute a program of courtroom observation. The Commission ran a pilot program in 2009 to assess the effectiveness and cost of this additional component of the evaluation process. The commission will also likely develop other performance standards, such as compliance with judicial education standards and compliance with the Code of Judicial Conduct.
8. Are the overall results of the judicial performance surveys available to the public? How can I see them?
Yes, survey results of judges standing for retention election, along with the Commission's retention recommendations, will be made available on this web site. The information will also be published prior to the election in the Utah Voter Information Pamphlet, which will be distributed in one issue of every newspaper of general circulation in the state. It will also be available in county clerks' offices statewide.
9. I feel my attorney is doing a poor job representing me. Can the Judicial Performance Evaluation Commission help me?
No, the Commission has no authority over attorneys. If you have a complaint about an attorney, you should contact:
Utah State Bar
645 South 200 East
SLC, UT 84111
Phone: 801-531-9077
Fax: 801-531-0660
Email: info@utahbar.org
10. I believe the attorney for the other side did something illegal or unethical. What should I do?
The Commission has no authority over attorneys. If you have a complaint about an attorney, you should contact:
Utah State Bar
645 South 200 East
SLC, UT 84111
Phone: 801-531-9077
Fax: 801-531-0660
Email: info@utahbar.org
11. I would like to evaluate a judge. Can I do that?
By statute, only people who have observed or interacted with a specific judge can be surveyed. If you would like to comment about a judge with whom you have had personal experience, you may write a letter to the Judicial Performance Evaluation Commission at the address below or submit your comments online via the public comments page. Your comment must contain your name and address, but your identity will be kept confidential and will not be revealed to the judge.
Comments can be submitted to:
Utah Judicial Performance Evaluation Commission
Utah State Capitol Complex
Senate Building E-330
P.O. Box 142330
Salt Lake City, UT 84114-2330
phone: 801-538-1031
fax: 801-538-1024
Submit public comments online by visiting the public comments page.
12. I think a judge has done something illegal or unethical. Should I tell the Judicial Performance Evaluation Commission?
Yes, if you believe the judge did something illegal or unethical, you may include this information in a letter to the Judicial Performance Evaluation Commission. In addition, you should also contact the Judicial Conduct Commission, which has separate responsibility for judicial disciplinary matters.
The Judicial Conduct Commission may be contacted online at www.jcc.utah.gov or by mail at 2540 Washington Blvd, Suite 703, Ogden, UT 84401.
13. I think a judge made a number of legal errors in a decision. What can the Judicial Performance Evaluation Commission do about that?
Legal errors may be corrected through the appellate process. The Commission can do nothing to change a judge's decision. However, you may submit any comments you would like to make about a judge's performance in a letter or email to the Commission
14. If I have more questions about the Judicial Performance Evaluation Commission or the judicial evaluation process, whom should I contact?
If you have additional questions, please contact:
Judicial Performance Evaluation Commission
Utah State Capitol Complex
Senate Building, E-330
P.O. Box 142330
Salt Lake City, UT 84114-2330
Telephone: 801-538-1031
Fax: 801-538-1024
Email: judicialperformance@utah.gov