It is that time of year again when after months (or years!) of campaigning, we finally receive our ballots and get to vote. We go through page by page, selecting who we want for the big offices like President or Governor, as well as questions like who we want for County Surveyor or if we want to pass a bond. It is hard enough to make dozens and dozens of decisions on the ballot, but then you turn the page and find a long list of judges to be “retained.”
The vote to retain judges is one of the more confusing things that we vote for every other year, but only because most of us don’t know why we do it. In Utah, judges are initially appointed by the governor, but must stand for retention elections after serving their term. Traditionally Utah’s judges serve until they are 75, but they serve terms, and at the end of that term, the people vote to determine whether they get another one.
Essentially, every term (10 years for Supreme Court justices and 6 years for other judges) Utah voters get to decide if the judges that have previously been appointed get to keep their job. Unlike traditional elections, where candidates campaign for votes, judicial retention elections are unique. In Utah, judges are not allowed to run campaigns and they are not running against other judges. Judges’ names appear on the ballot, and voters simply choose whether or not to retain them (that is, whether or not they want them to keep their job).
Although this system promotes judicial independence by reducing political influence, it poses a challenge: most voters lack direct experience with judges and might not have enough information to make an informed decision. So, how do we figure out how to vote on these judges? To address this issue, in 2008 the Utah Judicial Performance Evaluation Commission, or JPEC, was created. JPEC is a small, independent commission that provides a critical service to Utah voters by offering thorough, unbiased evaluations of judges. These evaluations empower voters to make informed decisions and uphold the integrity of the judicial system.
JPEC’s mission is to promote a fair, impartial, and accountable judiciary by evaluating judges and providing voters with information that helps them decide if a judge should be retained. To achieve this, JPEC uses a multi-faceted approach to gather comprehensive data, including:
- Surveys with attorneys practicing before judges, jurors interacting with them and court staff.
- Anonymous courtroom observers who visit judges in their courtrooms and evaluate their demeanor and fairness.
- Public comment from people that have been involved in cases before judges.
All of this data is assessed and analyzed to score judges on:
- How they manage their courtroom
- Interact with litigants
- Demonstrate judicial temperament & integrity integrity,
- Display their legal ability
- Manage their caseload and perform administrative tasks
Importantly, JPEC does not evaluate a judge’s opinions, legal decisions or writing or rulings—that is left to each judge’s colleagues and the appellate courts.
By publishing detailed evaluations before each election, JPEC bridges the information gap. Their reports are accessible through their website, offering voters a user-friendly platform to review evaluations and recommendations. The commission uses a clear, easy-to-understand rating system, categorizing judges as “recommended,” “not recommended,” or “no opinion.” This simplifies the voting process, ensuring that Utahns can participate confidently and knowledgeably in the retention process.
Voters can learn everything they would like to know about judges they are voting to retain by simply visiting JPEC’s website. There you can learn about the evaluation process, review evaluations, and even just type in a judge’s name to find information on them. As I filled my ballot out this year, I used the easiest tool of all, the “Judges on the Ballot” Tab.
From there, you have a wealth of information at your fingertips about people that will actually be on your ballot—and you can search for them by name or by county. There is also a table that shows each judge up for election in the state, whether they meet the minimum standards of a Utah judge and how the JPEC commissioners voted on whether the minimum standards for the judge were met. Most useful, though, may be the percentage of survey respondents that recommended retention—that is, the number of “normal,” everyday Utahns who would keep the judge in their job. Amazingly, in 2024 the lowest percentage of respondents recommending retention was 81 percent—not bad! Two received a 100 percent score from respondents who recommended retention.
For many voters, judges may seem like distant figures who rarely touch their daily lives, and for most of us, that is exactly how we want it. As public officials with an immense amount of power over the public, however, judges make too many critical decisions that affect communities, families, and individuals to be held completely unaccountable. Whether it’s a case about child custody, a possible crime, or someone’s property rights, the quality and fairness of judicial decisions have significant consequences. JPEC ensures that voters have the information they need to keep effective judges in place and to remove those who do not meet the standards of judicial excellence.
Participating in judicial retention elections is not just about casting a vote; it’s about contributing to the long-term health and credibility of the legal system. So, ignoring this part of the ballot is a bad idea. Organizations like Better Utah and the Utah Judicial Performance Evaluation Commission work hard to provide invaluable resources for voters on candidates, ballot measures and the judiciary. By offering thorough, unbiased evaluations of judges, JPEC strengthens public trust, enhances judicial accountability, and ensures that Utah’s courts remain fair, competent, and impartial. Take advantage of JPEC’s work this year as you fill out your ballot, you’ll be glad you did!