Utah Admin. Code 597-3-6

Current through Bulletin 2024-23, December 1, 2024
Section R597-3-6 - Judicial Retirements and Resignations
(1) For purposes of judicial performance evaluation, the commission shall evaluate each judge unless the judge:
(a) provides written notice of resignation or retirement to the appointing authority;
(b) is removed from office;
(c) becomes subject to mandatory judicial retirement due to age;
(d) otherwise vacates the judicial office; or
(e) fails to properly file for retention.
(2) For purposes of judicial performance evaluation, when one of the events in Subsection R597-3-6(1) occurs, then the commission shall end its evaluation of the judge when the judge's last day in office will be:
(a) on or before December 31 of the year of the judge's retention election, if the judge's evaluation is a retention evaluation, or
(b) on or before April 1 of the year following the judge's midterm survey, if the judge's evaluation is a midterm evaluation.
(3) The retention evaluation for a judge who provides written notice of resignation or retirement following completion of the retention evaluation but before distribution of the retention evaluation, shall be sent to the Judicial Council.
(4) If, pursuant to Subsections R597-3-6(1)(a) and R597-3-6(2), the commission ends the evaluation of a judge, and the judge does not leave office as indicated, the commission may choose to publish only the data collected prior to ending the evaluation, or to complete the evaluation, and
(a) if the judge is subject to a retention evaluation, the commission may elect not to issue a retention recommendation, if it also notes the reason for the election in the judge's report, as in Subsection 78A-12-206(4)(e)); or
(b) if the judge is subject to a midterm evaluation, the commission may send the report to the judge without qualifying it as a partial midterm, as in Subsection 78A-12-203(7)(d).

Utah Admin. Code R597-3-6

Amended by Utah State Bulletin Number 2018-1, effective 12/8/2017
Amended by Utah State Bulletin Number 2018-23, effective 11/7/2018
Amended by Utah State Bulletin Number 2019-20, effective 9/23/2019
Amended by Utah State Bulletin Number 2020-21, effective 10/13/2020