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Rule 3-101. Judicialperformance standards.



To establish performance standards upon which the Judicial Councilwill certify judicial compliance to the Judicial Performance EvaluationCommission (?JPEC?).



This rule applies to alljustices and judges of the courts of record and not of record.


Statement of the Rule


(1) Certification of performance standards.

(1)(A) The Judicial Council will certify to JPEC judicialcompliance with the following performance standards: cases under advisement,education, and physical and mental competence.


(1)(B) The Judicial Council will transmit its certification toJPEC by the deadline established in the Utah Administrative Code. ?


(2) Definition of caseunder advisement. A case is considered to be under advisement when theentire case or any issue in the case has been submitted to the judge for finaldetermination. For purposes of this rule, ?submitted to the judge? or?submission? is the last of the following:


(2)(A) When a matter requiring attention is placed by staff in thejudge?s personal electronic queue, inbox, personal possession, or equivalent;


(2)(B) If a hearing or oral argument is set, at the conclusion ofall hearings or oral argument held on the specific motion or matter; or


(2)(C) If further briefing is required after a hearing or oralargument, when all permitted briefing is completed, a request to submit isfiled, if required, and the matter is placed by staff in the judge's personalelectronic queue, inbox, personal possession, or equivalent.


(3) Case under advisement performance standards.?


(3)(A) Supreme Courtjustice. A justice of the Supreme Court demonstrates satisfactoryperformance by circulating not more than an average of three principal opinionsper calendar year more than six months after submission with no more than halfof the maximum exceptional cases in any one calendar year.


(3)(B) Court of Appeals judge.A judge of the Court of Appeals demonstrates satisfactory performance by:


(3)(B)(i) circulating not more than an average of three principalopinions per calendar year more than six months after submission with no morethan half of the maximum exceptional cases in any one calendar year; and


(3)(B)(ii) achieving a final average timeto circulation of a principal opinion of not more than 120 days aftersubmission.


(3)(C) Trial court judge.A trial court judge demonstrates satisfactory performance by holding:


(3)(C)(i) not more than an average of three cases per calendaryear under advisement more than two months after submission with no more thanhalf of the maximum exceptional cases in any one calendar year; and


(3)(C)(ii) no case under advisement morethan six months after submission.


(3)(C)(iii) A case is no longer under advisement when the trialcourt judge makes a decision on the issue that is under advisement or on the entirecase.


(4) Case under advisement performancestandards?compliance. A judge or justice shall decide all matters submittedfor decision within the applicable time period prescribed by this rule, unlesscircumstances causing a delayed decision are beyond the judge?s or justice?s personal control.


(5) Judicial education performance standard.


(5)(A) Education hourstandard. Satisfactory performance is established if the judge or justiceannually obtains 30 hours of judicial education subject to the availability ofin-state education programs.


(5)(B) Education hourstandard?compliance.? A judge orjustice shall obtain the number of education hours prescribed by this rule,unless circumstances preventing the judge from doing so are beyond the judge?sor justice?s personal control.


(6) Physical and mentalcompetence performance standard. Satisfactory performance is established ifthe response of the judge or justice demonstrates physical and mentalcompetence to serve in office and if the Council finds the responsiveinformation to be complete and correct. The Council may request a statement byan examining physician.


(7) Judicial Councilcertification. As to the performance standards in this Rule, the JudicialCouncil shall certify to JPEC that each judge or justice standing for retentionis:


(7)(A) ?Compliant;


(7)(B) Compliant with explanation, meaning that the JudicialCouncil has received credible information that non-compliance was due tocircumstances beyond the personal control of the judge or justice; or


(7)(C) Non-compliant, which may include a judge or justice who hascertified his or her own compliance but the Judicial Council has receivedcredible information inconsistent with that certification.


(7)(D) All material relied upon by the Judicial Council in makinga certification decision or explanation shall be forwarded to JPEC and shall bemade public to the extent that the information is not confidential personalhealth information.


EffectiveMay 1, 2021