Judges – Do They all Score High?

People often note that most judges score high on surveys and then ask, “How can I tell them apart?” The truth of the matter is that state court judges aren’t just your average attorneys plucked off the street and suddenly transformed into judges. The process for becoming a judge is a rigorous one. It’s long and intense. Following a lengthy application process that weeds out most applicants, the fortunate few face an in-depth interview before a local nominating commission made up of both attorneys and community members. For the seven or fewer applicants who survive that round, the next step is an interview with the Governor. The Governor selects one finalist, who must then face one final hurdle – a confirmation hearing and vote before the full state Senate.

Given the selection process, it’s really not surprising that most state court judges score high on surveys. You’re looking at a high-achieving group of attorneys, people who have come to the judiciary from successful legal careers and who are striving to do still more. Similarly, because most state court judges perform at a high level, it’s not surprising that when JPEC members cast their votes on whether or not to recommend each judge for retention, the vast majority of votes recommend retention. These votes reflect the unsurprising fact that Utah judges, overall, score well above the minimum performance standards established by the legislature.

So why even bother with evaluating judges? The answer is simple: Accountability. While judges need to be independent in their decision-making, they also need to be accountable to the public. They are, after all, public servants, working for the People of Utah to ensure the fair administration of justice. Retention elections give informed citizens the opportunity to weigh in periodically on the decision originally made by the nominating commission, the Governor, and the Senate.

And, let’s face it, not all judges are the same, despite apparent similarity in many scores. All of us have strengths and weaknesses, and judges are no exception. All of us naturally demonstrate higher ability in some areas than others. JPEC hopes that the format and content of the Voter Information Pamphlet and the information on this website will give voters the tools needed to differentiate between judges and to feel more confident as they approach the voting booth in November.