Bob Bernick's Notebook: Judicial Retention on November's Ballot
by Bob Bernick
10/19/2012 | 1484 views | 0 0 comments | 6 6 recommendations | email to a friend | print
Bob Bernick, Utah Policy Contributing Editor
Bob Bernick, Utah Policy Contributing Editor
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OK readers, listen up.

This may well be one of the most boring columns I will write, or you will read, this year.

But it’s still important.

As you may know, Utah’s system of picking appellate, district, juvenile and justice court judges has individuals reviewed by special citizen/legal commissions, with recommendations going to the governor or locally elected officials, with nominations that are approved by the state Senate or locally elected officials.

And then every general election some those judges come up for what’s called “retention” votes by the citizens of their jurisdictions.

So, on the Nov. 6 ballot will be a bunch of judges up for retention.

If you vote “yes” – and are joined by a majority of your fellow citizens -- the judge gets another set number of years on the bench. (These terms vary depending on the bench, longer for appellate judges, shorter for many.)

And if you are like most voters, you don’t have a clue whether these men and women deserve your retention vote or not.

Unless, of course, you read up on the judges on the state’s election web site.

You can see all the candidates here.

Scroll down to the very bottom to get to the non-partisan judicial candidates up for retention this year.

You don’t get to vote for all of them.

You only vote for those in your geographic court district. And there is a way at this site to look only at your ballot, only see the judges on your ballot.

I, however, have to look at all the judges and read their official judicial reviews in order to write this very thorough column.

(A note here: Since most of the judges do get great reviews, often I have little or nothing to say about these retention elections. But I look through all the stuff anyway. That’s my job.)

On several of the judges one or two out of the 12 members of the official judicial retention review commission voted not to recommend retention.

But none of the judges up this year got a majority vote not to retain. And most judges got 12-0 votes to retain.

In the larger judicial jurisdictions the judicial review folks actually poll the court staff, and take a sample of jury members as well as attorneys who practice before the individual judges.

How interesting is that – the court staff gets to fill out anonymous assessments on their bosses.

I worked for a local newspaper for 33 years. And one time, as I recall, we got to write anonymous critiques of our editors, all the way to the top guy. That is, we got to do that once.

After that our bosses evaluated us – like always -- but we didn’t get to evaluate our bosses. Such is life.

So, here we go:

There are by my count 23 judges up for retention this year.

This is actually a much lower number than were on the 2010 ballot.

That’s because a change in state law by the Legislature required a bunch of justice court judges to be voted on that year (for reasons I really didn’t understand then, and don’t recall now.)

With only 23 judges this year, it makes the job of a truly educated voter much easier.

Let’s take, for example, the first judge on the web site listed above: Juvenile Court Judge Jeffery R. Burbank, up in Logan.

The guy is about perfect. He needs a ranking of 3 (out of 5) to be certified as good for retention. He above 4s in about every area. (You can read about how the judges and justices are rated athttp://judges.utah.gov.)

Reading his summary you might think Burbank is about the greatest thing since sliced cheese. And in Cache County, that’s really big.

Burbank’s performance on the bench is “outstanding,” the summary begins. And it get’s better for him as it goes on.

Anyway, are there some not-so-great judges sitting for retention this year?

Well, only in comparison to some of their amazing colleagues on the bench.

For example, in the First District Court up in northern Utah, Judge Kevin Allen, relatively new to the bench, falls below the rankings of his fellow judges.

That doesn’t mean he’s bad. He’s just below average. And who of us haven’t been there.

Allen’s official review says: “While Judge Allen
scored slightly below the average of other district court judges in the five survey
categories, several attorneys and a courtroom observer noted his ongoing
improvement.”

Ninety-one percent of the attorneys who practiced before Allen said he should be retained by voters.

And you are always going to get some attorneys who hold a grudge against a guy because they lost their cases before him.

Ten of the 23 judges up this year scored below average on the five areas of ranking in two or more of the areas.

Several scored below average in all five areas.

But, again, that doesn’t mean they shouldn’t be retained, only that they were below the average of their peer judicial colleagues.

Finally, good luck keeping these two judges separate in your mind up in the Davis, Morgan and Weber county district court.

Judges Mark DeCaria and Michael DiReda are both up for retention.

Since they both get above average rankings, I suppose you can just remember to vote for two Italian guys, or where ever the DiName comes from.

Finally, most of these judges look really young to me. What ever happened to the old, grizzled judges we used to respect back in the day?
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Ten Things You Need to Know for Friday
by Bryan Schott
May 24, 2013 | 316 views | 0 0 comments | 2 2 recommendations | email to a friend | print
Countdown: There are 166 days to the 2013 municipal elections, 249 days until the start of the 2014 Legislature, 525 days until the 2014 midterm elections and 962 days until the 2016 Iowa Caucuses. 

An analysis says expanding Medicaid coverage will save Utah more than $130 million and would give health insurance to 123,000 residents [Tribune].

A new report ranks Utah #1 for economic outlook next year [Utah Policy, Tribune].

House Majority Leader Brad Dee goes on a European vacation with three lobbyists, but Dee insists the trip was above board because everybody paid their own way and they didn’t discuss politics [Tribune].

Former Attorney General Mark Shurtleff is caught on tape offering to get $2 million for Utah Businessman Darl McBride if he would shut down a website critical of another Utah businessman. That money was to come from a third Utah businessman who was in trouble with the Attorney General’s office [Tribune].

Former Legislator and current blogger Holly Richardson says she’s had enough with the “culture of corruption” permeating the Attorney General’s office [Holly on the Hill].

Sen. Orrin Hatch wants to hear from Utahns who think they have been inappropriately targeted by the IRS as part of his investigation into misconduct by the agency [Tribune].

Kennecott lays off 100 workers because of the massive landslide at their Bingham Canyon Mine [Tribune, Deseret News].

The Boy Scouts vote to allow gay members in their ranks [Deseret News].

Former Utah Gov. Jon Huntsman launches a new political action committee to support Republicans who share his point of view [Tribune].

Gov. Gary Herbert says he is confident the state can work out a deal to avoid taxing the electricity used by the new National Security Agency data center at Camp Williams [Tribune].
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