If you’re voting in Utah this November, you may notice a lengthy list at the end of your ballot asking the same question: Should a certain judge keep his or her job?
Judges are selected by Utah’s governor, but their names generally appear on the ballot every six years — when voters decide if they should stay on the bench. The judges are not allowed to campaign or put up billboards like in other states, where the judiciary is entirely elected by the public. Utah judges are not running against another judge, only against public opinion.
So how are you supposed to know if the judges are good at their jobs?
Utah has a group of experts called the Utah Judicial Performance Evaluation Commission (JPEC) to give the public recommendations.
Their website, judges.utah.gov, provides assessments for all Utah judges who are on the ballot. It includes information on a judge’s perceived legal abilities, judicial temperament and administrative skills. That feedback comes from attorneys and those who work in courtrooms, said JPEC executive director Mary-Margaret Pingree, as well as courtroom observers who she described as “regular citizens” who sit in a courtroom and watch a judge’s interactions and how they manage their workload.
Pingree encouraged voters to take the time to explore the data and feedback on the website so they have more information when they vote. She noted that of the 50 judges on the ballot, almost half are up for retention for the first time.
“It’s important for voters to let them know if they’re doing a good job,” she said. “This is their check. This is their accountability, and we should hold them accountable.”
Those on the ballot this year are a mix of district, justice and juvenile court judges — as well as two appellate judges. Utah Supreme Court Chief Justice Matthew Durrant and Court of Appeals Judge Ryan Tenney are both up for retention.
JPEC recommended that all of Utah’s judges be retained this year. Pingree said there are judges who receive low scores in their evaluations, and they usually decide to retire rather than run for retention. If the judge opts to step down from the bench, their JPEC evaluation is never released to the public.
It’s rare for voters to boot out a judge in a retention election.
When there is a vacancy on the bench, the governor picks from a list of five nominees offered by an independent commission. That nominee is then subject to confirmation by the Utah Senate.
Most judges face a retention election every six years, while Utah Supreme Court justices are on the ballot every 10 years.
Pingree said Utah’s system of having a governor appoint a judge to the bench rather than having jurists and candidates run for election emphasizes a person’s qualifications, instead of how much money they can raise or their opinions on specific issues.
“Both of those things have the potential to impact the impartiality of the judge,” she said, “and having an impartial judge is critical to a healthy democracy.“
