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Near the end of their ballot, Utah voters face a list asking the same question: Should certain judges keep their jobs?
Judges are selected by Utah’s governor — but their names generally appear on the ballot every six years, when voters have the opportunity to decide if they should stay on the bench. The judges are not allowed to campaign or put up billboards because they aren’t running against another judge, only against public opinion.
This year, Utahns will get the chance to weigh in on judges in their own counties, as well as voting on whether most of the state’s appeals court judges should remain in their role. Supreme Court Justice Jill Pohlman will also be on the ballot.
So how are voters 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.
The JPEC website 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 the justice system, as well as courtroom observers. Voters can explore the data and feedback so they have more information when they fill out their ballots.
JPEC recommended that all of Utah’s judges be retained this year except for one: Weber County Justice Court Judge Trent Nelson. Some survey respondents said that they have little confidence in his legal skills, and that he is impatient and demeaning. One survey respondent said the judge “indulges in extreme rhetoric and lecturing.”
In a written response on JPEC’s website, Nelson emphasized that the independent court observers were positive about his work, and he invited the public to observe him in court to make their own opinion. Nelson added that his judicial philosophy is: “Once there’s a guilty finding, the focus turns to solving problems and addressing patterns of unsafe behavior.”
Often when the judges receive low scores, they decide to retire rather than run for retention. If they step down, that JPEC evaluation is not made public.
You can visit the JPEC website and see judge’s ratings here: https://judges.utah.gov

Jessica Schreifels