With ballots out, judges’ review group sees surge in interest

The Matheson Courthouse in Salt Lake City is pictured on Wednesday, January 3, 2024. Photo: Utah News Dispatch // Spenser Heaps

Written by McKensie Romero, Utah News Dispatch

SALT LAKE CITY, Utah – Utah’s Judicial Performance Evaluation Commission saw what it called an “unprecedented surge” in traffic to its website now that ballots have arrived in Utah voters’ mailboxes.

The commission reported a 58% increase in traffic to its website, judges.utah.gov, compared to the same period last election — the largest spike it has seen, according to a statement released Monday. The first two days after ballots were mailed out, the website had 30,515 visits versus 19,276 visits for the same two days in 2022.

As they cast their ballots, Utahns are asked to weigh in on retaining judges who have been appointed to courts in the state. The Judicial Performance Evaluation Commission, established by the Legislature in 2008, is a source for Utahns who want to inform themselves about how judges in their area have been doing.

“As we approach the elections, it’s clear that Utah voters are more committed than ever to understanding the impact of their judicial choices,” said Mary-Margaret Pingree, the commission’s executive director. “This remarkable increase in our website traffic demonstrates a growing recognition of the importance of an informed electorate in maintaining a fair and effective judicial system.”

Information shared on the website helps voters see how judges perform when it comes to legal ability, judicial temperament and integrity, and procedural fairness.

The Judicial Performance Evaluation Commission also gives judges feedback on their performance over time, including their legal knowledge, impartiality and courtroom demeanor. The commission does not evaluate judges’ rulings.

Utahns’ uptick in interest in judges’ performance comes against a backdrop of frustration with the judicial branch from some of the state’s top Republican leaders.

Amid a series of rulings that angered lawmakers — upholding an injunction on the state’s near-total abortion ban while a lawsuit plays out, challenging the Legislature’s ultimate authority to repeal and replace voter-driven ballot initiatives, and voiding two proposed constitutional amendments that legislators had placed on voters’ ballots — Republican leaders have said they’re eyeing possible judicial reforms.

Those reforms, according to Utah House Speaker Mike Schultz, R-Hooper, could include term limits for the Utah Supreme Court, electing judges, and increased “transparency” for retention.

Schultz told Utah News Dispatch in August that while voters already have the ability to weigh in on Utah’s judges through retention elections, he said oftentimes voters don’t know enough about those judges to make an educated decision on whether they should keep their jobs or not.

It’s not yet clear what judicial reforms could be considered during the 2025 session — and Schultz said any major reforms would be expected to take years — but it’s likely to draw debate on Utah’s Capitol Hill.