The Utah State Bar Association is warning a newly proposed bill could "inject politics" into the state's non-partisan judicial evaluation system and threaten the constitutional separation of powers.
Under HB512, sponsored by Rep. Karianne Lisonbee, the state would create a nine-member legislative committee whose members would be selected by legislative leadership. The committee would have broad powers to investigate "any issue" raised by committee members, other lawmakers or the public.
Under the proposed legislation, whenever the committee opens an investigation, it must issue a press release soliciting public input on the judge in question. The committee would then hold a public hearing and could vote to recommend that the judge not be retained. That recommendation would appear on ballots during judicial retention elections.
"The lack of a clear definition of 'judicial performance' means that the Committee could base its decision on nearly any subjective factor, such as a lawmaker's disagreement with a judge's rulings," the Utah Bar Association said in a press release.
The Bar Association added, "The process is demeaning and of questionable constitutionality. Requiring a judge to answer to a legislative body goes against the core principle of our constitution – a judiciary that can make decisions based on the facts and law without fear of being pilloried in public or removed from the bench."
