Utah Admin. Code 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).
Notes
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