(1) A third party under contract to the commission shall conduct, on an ongoing basis during the judge's term in office, the judicial performance survey required by Section 78A-12-203 concerning a judge who is subject to a retention election. (2) (a) The judicial performance survey shall include as respondents a sample of each of the following groups as applicable: (i) attorneys who have appeared before the judge as counsel; (ii) jurors who have served in a case before the judge; (iii) court staff who have worked with the judge; and (iv) to the extent practical, individuals who have appeared before the judge as a party in a case. (b) Only a respondent under Subsection (2)(a)(i) who is admitted to practice law in the state and in good standing with the Utah State Bar may evaluate a judge's legal competence under Subsection (7)(a). (3) The commission may include an additional classification of respondents if the commission: (a) considers a judicial performance survey of that classification of respondents helpful to voters in determining whether to vote to retain a judge; and (b) establishes the additional classification of respondents by rule. (4) All survey responses for a judicial performance survey are confidential, including comments included with a survey response. (5) If the commission provides information to a judge or the Judicial Council, the commission shall provide the information in such a way as to protect the anonymity of a survey respondent. (6) A judicial performance survey shall be provided to a potential survey respondent: (a) if the potential survey respondent is court staff or an attorney, at any time during the survey period; (b) if the potential survey respondent is a juror, within 30 days after the verdict is reached; and (c) if the potential survey respondent is an individual who appeared before the judge as a party and to the extent practical, within 90 days after the day on which the case is closed excluding any time for an appeal. (7) A judicial performance survey shall provide a survey respondent with the ability to evaluate: (a) a judge's legal competence, including: (i) demonstrated understanding of the substantive law and any relevant rules of procedure and evidence; (ii) attentiveness to factual and legal issues before the court; (iii) adherence to precedent and ability to clearly explain departures from precedent; and (iv) awareness of the practical impact on the parties of the judge's rulings, including the effect of delay and increased litigation expense; (b) a judge's impartiality, including: (i) absence of bias or prejudice based on race, sex, religion, national origin, disability, age, sexual orientation, political affiliation, socioeconomic status, legal representation, or mental health or competency; (ii) demonstrated fairness and neutrality towards all parties; (iii) consideration given to all arguments and viewpoints before rendering a final decision; and (iv) respect and dignified treatment, given equally and without favoritism, towards attorneys, court staff, and all other individuals appearing before the judge; (c) a judge's ability to communicate clearly, including: (i) ability to write clear judicial opinions or decisions, findings of fact, conclusions of law, and other orders; (ii) ability to write a clear factual and legal basis for judicial opinions and decisions; and (iii) demonstrated ability to adapt the judge's communication style, including the use of plain language, when needed to communicate with specific individuals, parties, or audiences; (d) the judge's judicial temperament, including: (i) demonstrated courtesy toward attorneys, court staff, and others in the judge's court; (ii) the ability to maintain judicial demeanor and personal attributes that promote public trust and confidence in the judicial system; (iii) ability to maintain courtroom decorum; (iv) avoidance of impropriety or the appearance of impropriety; and (v) attentiveness towards the proceedings and all parties; and (e) administrative capacity, including: (i) effective management of workload and the competent use of technology necessary to manage cases, court filings, and otherwise discharge judicial duties; (ii) timely issuance of opinions, orders, and other judicial rulings without unnecessary delay; and (iii) ability to set clear expectations and timelines and to regularly monitor cases and streamline procedures. (8) If the commission determines that a certain survey question or category of questions is not appropriate for a respondent group, the commission may omit that question or category of questions from the judicial performance survey provided to that respondent group. (9) The commission may formulate questions that allow survey respondents to provide responses through various means, including the ability to: (a) rank individuals and activities on a numerical scale; (b) evaluate judicial performance using affirmative or negative responses, including the option to indicate the respondent's inability to respond in the affirmative or negative; (c) answer nonrestrictive questions that explain or expand upon the survey categories described in Subsection (7) by providing additional written comments; and (d) supplement answers that rank individuals or activities based on a numerical scale or that call for an affirmative or negative answer by allowing a survey respondent to comment in writing. (10) The executive director may not provide the commission with any response that would be prohibited in relation to taking an employment action under federal or state law. (11) The commission shall compile and make available to each judge that judge's judicial performance survey results with each of the judge's judicial performance evaluations. (12) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer the judicial performance survey.
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