Utah Admin. Code R356-2-9 - Evaluation Criteria
(1) Commissioners
shall have access to an applicant's complete application and any information
gathered by commission staff during the prescreening process described in
Section R356-2-6, including any references returned to CCJJ.
(2) When determining which applicants to
interview or certify to the governor, commissioners shall consider an
applicants':
(a) integrity;
(b) legal knowledge and ability;
(c) professional experience;
(d) judicial temperament;
(e) work ethic;
(f) financial responsibility;
(g) public service;
(h) ability to perform the work of a judge;
and
(i) impartiality.
(3) When evaluating an applicant
for a juvenile court vacancy, commissioners shall consider an applicants'
interest in, understanding of, and experience with the issues and problems
facing children and families.
(4)
When evaluating an applicant for an appellate court vacancy, commissions shall
consider an applicants' ability to give and receive criticism of opinions and
arguments without taking offense.
(5) When deciding among applicants for any
judicial vacancy whose qualifications, taken as a whole, appear in all other
respects to be comparable, commissioners may consider the background and
experience of an applicant in relation to the current composition of the bench
for which the appointment is being made.
(6) Unless otherwise provided by statute,
commissioners on the district and juvenile court nominating commissions may not
decline to interview an applicant or decline to nominate an applicant based
primarily on the geographic location of the applicant's residence or the
geographic location of the applicant's employment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Commission members shall disclose during the organizational meeting the existence and nature of a relationship with an applicant that may impact the commission member's ability to fairly and impartially evaluate the applicant or any other applicant.
(2)
(a) A commission member who believes they have a relationship with an applicant that will impact their ability to fairly and impartially evaluate an applicant shall recuse themself from the nominating process.
(b) If a commission member discloses a relationship with an applicant and does not recuse themself from the nominating process, the commission may, by majority vote, disqualify the commission member from participation if the commission believes the relationship will impact the commission member's ability to fairly and impartially evaluate an applicant.
(c) A commission member who has recused themself or been disqualified by the commission may rejoin the nominating process if:
(i) the applicant with whom the commission member has a relationship is no longer being considered by the commission ; and
(ii) the commission decides, by majority vote, to allow the commission member to participate.
(3) A commission member who is related to an applicant within the third degree shall be disqualified from the nominating process.