“You can observe a lot by just watching.” This pearl of wisdom by philosopher and Yankee catcher Yogi Berra applies to the process of watching over Utah’s judicial system and its judges.

In our state, judges are first appointed through a rigorous vetting and merit selection process overseen by our elected officials – not through direct election. Each judge is constantly observed for his/her ability to perform with fairness and is subject to a formal evaluation every six years. A public vote then decides if the judge will remain on the bench.

Judges for whom their retention vote is due appear on your ballot. Each voter has the chance to vote to “retain” the judge or to “not retain.” Information available at judges.utah.gov will inform you of each judge’s ratings on key performance indicators. Even more important is a narrative that summarizes inputs from several groups of peer reviewers. Please read this!

Why? Because as a volunteer from the community, I have been watching many of these judges over the past several years. I visit courtrooms all over the state, watch what happens in the court and observe how the judge presides. I take notes, especially on the judge’s interaction with courtroom participants. I am looking for the judge’s ability to listen, be neutral and provide respect to everyone. I do not attempt to evaluate their ability in the law, only their ability to be fair.

Then I compile a report of my observations and submit it to a state evaluation commission. This commission considers my input as part of its overall evaluation of each judge. One of my comments might show up on the judge’s review that you see. I work hard to develop these observations and comments (so do the other reviewers who contribute). I hope you read what we have prepared!

Where do I get this authority to evaluate judges? The Utah Judicial Performance Evaluation Commission (JPEC) is chartered to evaluate all Utah judges (after they are appointed). It is led by 13 commissioners selected by a combination of executive, legislative and judicial branches of state government. The commissioners are supported by a small professional staff.

Operating under the direction of the commissioners is the Courtroom Observation Program. The JPEC staff administers this program by recruiting, training and scheduling the activity of volunteer Courtroom Observers (I am one) who do the observing. Many other important inputs are considered and compiled by JPEC. In sum, judges are subject to an extensive system of reviews that seek to provide continuous improvement and ultimately the retention (or not) of individual judges.

My brief perspective on observing judges: 1) As I am taking notes in the courtroom, I try to detail what I see and hear in specific terms. I do this principally to report on tendencies the judge can improve upon or to note those that are done well. 2) The judges are entitled to read my reports in full (anonymously) and, therefore, my observations may promote continuous improvement. 3) I write my reports in the present tense so I can recall more vividly the moments in the courtroom. I hope some of my comments have more impact as a result. 4) I strive to be objective and thoughtful in writing the report and always consider how I would receive the commentary if I were the subject. I want to be direct without being high minded.

To paraphrase Yogi in another way, you can watch a lot by being observant. I urge you to visit judges.utah.gov to review our evaluations and become better equipped to make an informed vote on judges this election.