Explainer
Judges
Judges decide the cases that shape everyday life in Utah, from custody and contracts to criminal trials and challenges to state law. They don't campaign and aren't elected, but voters regularly decide whether each one keeps their job.
What Utah's Courts Do
Most Utahns who go to court go to a trial court: a justice, juvenile, district, or specialized court. The two appeals courts above them review whether the Utah Constitution and Utah law were correctly applied.
Utah's Courts, Top to Bottom
Most cases start in a trial court on one of the two lower levels. An appeal moves a case up the ladder.
Utah Supreme Court
Seven justices since 2026. Utah's court of last resort: the final word on Utah law and the Utah Constitution.
Utah Court of Appeals
Nine judges since 2026. Hears most appeals from the district and juvenile courts.
District Courts
Utah's main trial courts: criminal cases, lawsuits, divorce and custody, and wills and estates.
Juvenile Courts
Young people under 18 accused of breaking the law, along with cases about children who are abused or neglected.
Business and Chancery Court
One statewide court for big business disputes, such as broken contracts or fights over how a company is run, when $300,000 or more is at stake.
Justice Courts
Run and paid for by cities and counties: traffic tickets, misdemeanors, and small claims.
Why An Independent Judiciary Matters
Courts work only if people trust that a case will be decided the same way, no matter who is rich, popular, or in power. The Utah Constitution says judges must be chosen "solely upon consideration of fitness for office without regard to any partisan political consideration."
The Law and the Facts Decide
Not donors, party leaders, or public pressure. Each side gets a fair hearing.
Everyone Has Rights
Rights in the constitution protect the unpopular as much as the popular, the rich as much as the poor, and the powerful as much as the powerless. Judges are the ones who interpret and apply those rights.
Check on Power
Courts can rule that a law or government action goes too far. This keeps the other two branches within their limits set by the Utah Constitution and Utah's laws.
How Utah Chooses its Judges
Judges on the Supreme Court, the Court of Appeals, and the district and juvenile courts reach the bench in six steps. Justice court judges are chosen locally: a county commission sends at least three names, the mayor or county leader picks one, and the city or city council approves.
A Seat Opens
A judge retires, is appointed to another court, or is not retained by voters during an election.
A Commission Recommends
A judicial nominating commission reviews applications, interviews candidates, and sends the governor five names for a district or juvenile court seat, or seven for an appeals court seat.
The Governor Appoints
The governor picks one of the nominees and appoints them to the judicial position.
The Senate Confirms
A Senate committee holds a hearing on the appointment to hear from the nominee and ask them questions. Based on their recommendation, the full Utah Senate votes on whether to confirm the appointment, and a majority of senators must approve.
The State Evaluates
The Judicial Performance Evaluation Commission reviews their performance as a judge before each retention election.
Voters Decide
During a retention election, voters decide whether the judge keeps or loses their position as a judge.
Why Retention Elections Matter
A judge serves for years after being confirmed and between each vote: six years for most judges or ten for a Supreme Court justice. Their names come after every partisan race on the ballot, and many voters stop before they get there. A judge's future is decided only by the voters who answer the question.
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How Judges Impact Utahns
Families
Divorce, custody, adoption, and child welfare cases are all decided by judges.
Safety and Fairness
Judges run criminal trials and decide sentences.
Homes and Money
Evictions, contracts, debts, and business disputes end up in front of a judge.
Government Power
When a law or a government decision is challenged, judges decide whether it is lawful or constitutional.
Judicial Retention: Your Part
No opponents. The ballot asks a yes or no question about whether each judge should be retained.
When. A judge first faces voters at the first general election more than three years after appointment, then every six years. Supreme Court justices face voters every ten years.
Where. Judges stand for retention only in the area their court serves, which is why your neighbor across a district line may see different judges. Supreme Court justices and Court of Appeal judges are statewide, so every Utah voter votes on whether to retain them.
What it takes. A judge who gets more yes votes than no votes stays. If not, the seat becomes vacant on the first Monday in January after the election and is filled the usual way. That judge can't be appointed back to the same seat for that term.
Shall Jane Doe be retained in the office of Judge of the Third District Court?
Before You Vote: The State Evaluation
The Judicial Performance Evaluation Commission (JPEC) checks each judge against set standards, including legal ability, judicial temperament and integrity, administrative skill, and procedural fairness. It sends more than 20,000 surveys to attorneys, court staff, jurors, and others who regularly appear in court, sends observers into courtrooms, and takes comments from the public. The Commission then votes on whether a judge meets or does not meet those minimum standards.
Learn More About JPEC and Judicial Evaluations ↗ (opens in a new tab)Frequently Asked Questions
Can Utah voters remove a judge?
Yes. If a judge gets more votes than yes votes in a retention election, the seat becomes vacant on the first Monday in January after the election.
Why don't Utah judges run against opponents?
Utah picks judges by merit and qualifications: a nominating commission screens applicants, the governor appoints, and the Senate confirms. The Utah Constitution says selection of judges must be based on fitness for office, not party politics. Voters then decide in unopposed, nonpartisan retention elections whether each judge keeps their job.
Who evaluates Utah judges?
The Judicial Performance Evaluation Commission (JPEC). It surveys people who work with each judge, observes courtrooms, and checks the judge against eight standards, then publishes the results at judges.utah.gov before each retention election.
Why are different judges on my neighbor's ballot?
Judges stand for retention only in the area their court serves. Your judicial district, county, or city decides which judges you see.
How often will a judge be on my ballot?
At least three years after they are appointed and, after that, every six years after a retention vote. Supreme Court justices face retention elections every ten years.
Does this guide tell me how to vote on judges?
No. Better Utah Institute takes no position on any judge. The guide explains how retention works, includes a summary of the state's evaluation, and points you to the Judicial Performance Evaluation Commission (JPEC) for more information.