R597-3-4. Minimum Performance Standards

  (1) In addition to the minimum performance standards specified by statute, the judge shall:

  (a) demonstrate by the totality of the circumstances that the judge's conduct in court promotes procedural fairness for court participants;

  (b) meet all performance standards established by the Judicial Council, including but not limited to:

  (i) annual judicial education hourly requirements;

  (ii) case-under-advisement standards; and

  (iii) physical and mental competence to hold office.

  (2) No later than October 1 of the year preceding each general election year, the Judicial Council shall certify to the commission whether each judge standing for retention election in the next general election has satisfied its performance standards.

  (3) To determine if the judge meets the minimum performance standard of procedural fairness, the commission shall:

  (a) consider only data collected as part of the judge's performance evaluation, pursuant to section 78A-12-203(2);

  (b) apply a standard commensurate with the standard for scored minimum performance standards on the judicial performance survey, as in section 78A-12-205(1)(b)(i); and

  (c) determine by a majority of the quorum vote whether the judge meets the minimum performance standard of procedural fairness, the outcome of which shall establish the rebuttable presumption as it applies to procedural fairness, in accordance with section 78A-12-203(4)(b).

  (4) A rebuttable presumption to recommend a judge for retention arises when the judge meets all minimum performance standards.

  (5) A rebuttable presumption not to recommend a judge for retention arises when the judge fails to meet one or more minimum performance standards.

  (6) A commissioner may vote to overcome the presumption for or against a retention recommendation on any judge if the commissioner concludes that substantial countervailing evidence outweighs the presumption.