Judge David Marx is an experienced judge whom survey respondents scored equal to his peers in integrity and judicial temperament and in administrative skills, but just under the statutory minimum performance standard in legal ability. While this result troubles the commission, a majority of the commission nonetheless recommends Judge Marx for retention for the following reasons. First, Judge Marx was not surveyed at midterm and thus had no prior feedback about his performance. This gave him no chance to make necessary improvements. Second, his score was less than 1/10th of a point short of passing. Third, all courtroom observers were positive about Judge Marx, emphasizing his firm yet compassionate demeanor, his respectful consideration for each case, and the efficiency of his courtroom. Of survey respondents who answered the retention question, 78% recommended that Judge Marx be retained.

The commission reviewed surveys and courtroom observation reports in addition to verifying that Judge Marx has met all time standards, judicial education requirements, and discipline standards established by the judicial branch.

Judge David Marx was appointed to the bench in June 1997. He earned a Bachelor of Science degree from Utah State University, a law degree from Concord Law School, and is a graduate of the Utah Legal Institute. Judge Marx served three years as Education Director for the First Judicial District justice court judges and 11 years on the Board of Justice Court Judges. For three of those years, he served as Board Chair. He currently serves on the Judicial Council. Judge Marx received the Justice Court Service Award in 2007, the Quality of Justice Award in 2008, and the Justice Court Judge of the Year Award in 2013.