APPLICATION FOR JUDICIAL OFFICE
Instructions to the applicant and
summary of the nomination process
I. INSTRUCTIONS FOR OBTAINING APPLICATION FORM
The application form, waiver form, and summary of instructions are available on the Courts’ web page
at http://www.utcourts.gov/admin/jobs. The application form, waiver form, and summary of instructions
are also available in the formats listed below. In all requests for an electronic file, be sure to designate
the required format and include a return internet e-mail address. You are urged to request the
electronic file by internet e-mail which will automatically provide the return e-mail address.
The request for the electronic file may also be sent by letter or fax. If you wish the electronic file on
disk, you must provide a formatted disk which can be hand delivered or mailed. If mailed, include a
disk mailer with return address and postage prepaid.
WordPerfect 5.x
Word Perfect 6.x
Microsoft Word 5.x
Microsoft Word 6.x
Please make requests to: margob@email.utcourts.gov.
Margo Bird, Judicial Nominations
Administrative Office of the Courts
450 S. State Street, P.O. Box 140241
Salt Lake City, UT 84114-0241
FAX: 578-3843
The application form, waiver forms and these instructions are also available in all of the above formats
to subscribers of the Utah State Court Bulletin Board.
II. INSTRUCTIONS FOR COMPLETING APPLICATION FORM
A. Type all answers. Do not include these instructions with the completed application form.
B. When preparing responses on a typewriter, if more space is needed, attach additional pages to
the end of the application form and type the corresponding question number next to the
information.
C. When preparing responses on a word processor, include all information immediately after the
question and allow the word processor to repaginate the document.
D. Answer all questions completely. If a question does not apply, write "Not applicable" in the
space provided. If information is not available, write "Not available" and state your reasons for
the unavailability.
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E. Following is a checklist of materials to be submitted with the application. Please copy materials
on both sides of the page on three hole paper.
Application form with an original signature plus eight copies of the application form,
including any supplemental pages. (If you have applied for a judicial position within the
previous year, you may either submit a new application package or you may submit nine
copies of the application form you completed for the previous position with a letter of
interest indicating 1) the vacancy for which you are currently applying and 2) any additional
information necessary to update the previous application.) If you resubmit an earlier
application with a letter of interest, you must submit the balance of the application package
as follows:
A resume attached to each application form.
The waiver of the right to review the records of the commission.
The waiver of confidentiality of records.
A check or money order for $8.70 made payable to the Administrative Office of the Courts
to cover the cost of a credit check.
If you are simultaneously applying for more than one judgeship, you must submit a
separate application package for each position; however, only one check or money order
is necessary.
F. Mail applications to: Administrative Office of the Courts
Attention: Judicial Nominations
Scott M. Matheson Courthouse
P.O. Box 140241
Salt Lake City, Utah 84114-0241 OR
Hand deliver to: 450 South State Street, Suite N31
Since the Administrative Office of the Courts cannot be responsible for applications not received,
please send applications by registered or certified mail, return receipt requested. Upon receipt,
the application will be reviewed for completeness. A notice of receipt listing any deficiencies in
the application materials will be sent to you within 5 days. An application is not considered
unless all deficiencies are corrected before the expiration of the filing deadline. If you do not
receive an acknowledgment of receipt of your application within 5 days, contact Margo Bird at
578-3824 to ensure that your application has been received.
G. The deadline for applications is stated in the published notice of vacancy. The notice of the
vacancy allows for an application period of at least 30 days from initial release for publication.
It may, however, be longer. At the discretion of the Nominating Commission, the application
period may be reopened after the deadline has passed. If fewer than 9 applications are received
for a judicial vacancy, the recruitment period will be extended for an additional 30 days.
III. SUMMARY OF THE NOMINATION PROCESS
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A. The date, time, and location of the organizational meeting of the Nominating Commission will
normally be given in the notice of the vacancy. The public is invited to attend and may arrange
through the Administrative Office of the Courts to submit oral or written statements. Testimony
concerning individual applicants or cases is prohibited.
B. An investigation of the applicants is conducted by the Administrative Office of the Courts and the
results are submitted to the Commissioners. The Commissioners may conduct their own
investigation. The scope of the investigation may include, but is not limited to, citizenship,
residency, age, credit, taxes, education, employment, mental or physical health, civil litigation,
criminal litigation, law enforcement investigation and criminal charges, admission to the practice
of law, service in the United States' armed forces, or disciplinary action by any judicial conduct
commission or state bar association of any jurisdiction.
C. Applicants should not personally contact Nominating Commission members regarding their
application for the judicial vacancy.
D. Applicants selected for interviews are notified of the date, time, location, and format of the
interview. Applicants eliminated from consideration are notified as soon as possible after that
decision is made.
E. Applicants are evaluated on the basis of several criteria: integrity, impartiality, industry, legal
knowledge and ability, judicial temperament, financial responsibility, health, and public service.
F. The Commission publishes the names of the proposed nominees and invites comments
regarding their qualifications. The names of applicants may be provided to other persons as
necessary to accomplish the investigation but are not released to the public. The application
package of the nominees and the results of any investigation are forwarded to the Governor. The
results of the investigation are not disclosed to the public. The Commission may disclose the
investigation results to the appropriate investigative or prosecutorial authorities if the
investigation reveals criminal activity or a breach of ethics by an applicant.
G. The names of five to seven nominees are submitted to the Governor for each vacancy on the
Supreme Court and Court of Appeals. The names of three to five nominees are submitted to the
Governor for each vacancy on the trial courts of record. The nominees are listed in alphabetical
order without any indication of preference by the Commissioners and, if there are multiple
vacancies, without any matching between nominees and vacancies. The greater number of
applicants are nominated:
1. if at least 15 people apply for the vacancy and the greater number obtain the necessary
votes for nomination; or
2. if there is a tie vote among the final two nominees.
H. Applications may be considered by Commissioners who have a business, professional, or
personal relationship to the applicant. Commissioners must recuse themselves if they are within
the third degree of consanguinity. For other relationships, Commissioners are required to
disclose on the record of the Commission the nature of the relationship. The Commission by
majority vote determines whether the relationship requires the recusal of the Commissioner.
IV. EVALUATION CRITERIA
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A. Constitutional and Statutory Minimum Requirements
Age. Under Article VIII, Section 7 of the Utah Constitution, Supreme Court justices must be at
least 30 years old, and judges of other courts of record must be at least 25 years old.
Residency. All justices and judges must be United States citizens. Supreme Court justices
must be Utah residents for at least five years immediately preceding selection. Judges of other
courts of record must be residents of Utah for at least three years immediately preceding
selection. If geographic divisions are provided for any court, judges of that court must be willing
to reside in the geographic division for which they are selected. Currently, the law provides for
geographic divisions for the district and juvenile courts. There are no geographic divisions for the
Supreme Court or the Court of Appeals.
Practice of Law. Under the Constitution, all justices and judges must be admitted to practice
law in Utah, but need not actually engage in the practice of law.
Restricted Activities. Under the Constitution, justices and judges may not hold any elective
nonjudicial public office, or hold office in a political party. Section 78-7-2 of the Utah Code
establishes further restrictions on the activity of judges.
“No justice or judge of any court of record may, during his term of office:
(1) practice law or have a partner engaged in the practice of law;
(2) hold office in or make any contribution to any political party or organization engaged in
political activity; or
(3) use, in his efforts to obtain or retain judicial office, any political party designation,
reference or description.”
B. Qualities of Judges
Evaluation criteria are essential if the Commission is to have a standard by which to judge
applicants. Without evaluation criteria, the nomination process becomes little more than a
contest of personal favorites among the commissioners. Yet evaluation criteria contain some
bias. A criterion that emphasizes trial experience may overlook qualified applicants who are not
litigators. A criterion that emphasizes a history of professional advancement may overlook
qualified women and minorities who face greater obstacles to advancement. Commissioners
should determine prior to the screening or interviewing of applicants how they personally want
to weigh the various criteria. However, one criterion is clearly constitutionally impermissible in
Utah: political party affiliation. Both the Judicial Article and the Utah Code state that “selection
of judges shall be based solely upon consideration of fitness for office without regard to any
partisan political consideration.”
The following criteria for evaluating applicants are derived from the American Bar Association's
Guidelines for Reviewing Qualifications of Applicants for State Judicial Office, which offer some
guidance for determining “fitness for office.” Following the ABA guidelines are some additional
considerations.
1. American Bar Association Guidelines
a. Introduction
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These guidelines are intended for use by bar association committees and judicial
nominating commissions which are evaluating applicants for state and local judicial
office. It is assumed that the evaluators desire to recommend to the electorate or to
the appointing authority the applicants who are most qualified by virtue of merit.
The guidelines attempt to identify those characteristics to be sought after in the
judicial applicants. They attempt to establish criteria for the prediction of successful
judicial performance. The identified traits are not mutually exclusive and cannot be
wholly separated one from another. The outlined areas have been selected as
essential for inquiry in considering all applicants for judicial office. With the
exception of integrity, which is always indispensable, the degree to which the
characteristics should be present in any particular applicant may vary in relation to
the responsibility of the office.
These guidelines are not intended to deal with methods or procedures for judicial
selection; nor are they intended to provide specific operating rules for the
commissions and committees. The guidelines are not intended as a definitive review
of the qualifications of sitting judges when being considered for retention or
evaluation, since judicial experience will then provide important additional criteria
which are treated elsewhere.
It is hoped that the use of these guidelines, if made known to the public and the
press, will enhance the understanding and respect to which the judiciary is entitled
in the community being served. The ultimate responsibility for selecting the judiciary
is in the appointing power of any given judicial system. The function of these
guidelines is to present minimum criteria for appointment; the more rigorous the
criteria the better the quality of the judiciary.
b. Integrity. An applicant should be of undisputed integrity. The integrity of the judge
is, in the final analysis, the keystone of the judicial system; for it is integrity which
enables a judge to disregard personalities and partisan political influences and
enables him or her to base decisions solely on the facts and the law applicable to
those facts. It is, therefore, imperative that a judicial applicant's integrity and
character with regard to honesty and truthfulness be above reproach. An individual
with the integrity necessary to qualify must be one who is able, among other things,
to speak the truth without exaggeration, admit responsibility for mistakes and put
aside self-aggrandizement. Other elements demonstrating integrity are intellectual
honesty, fairness, impartiality, ability to disregard prejudices, obedience to the law
and moral courage.
An applicant's past personal and professional conduct should demonstrate
consistent adherence to high ethical standards. The evaluator should make inquiry
of judges before whom the applicant has appeared and among other members of
the bar as to whether or not an applicant's representations can be relied upon. An
applicant's disciplinary record, if any, should be considered. Hence, an applicant
should waive any privilege of confidentiality, so that the appropriate disciplinary
body may make available to the evaluator the record of disciplinary sanctions
imposed and the existence of serious pending grievances. The reputation of the
applicant for truthfulness and fair dealing in extra-legal contexts should also be
considered. Inquiry into an applicant's prejudices that tend to disable or demean
others is relevant. However, since no human being is completely free of bias, the
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important consideration is that of whether or not the applicant can recognize his or
her own biases and set them aside.
c. Legal Knowledge and Ability. An applicant should possess a high degree of
knowledge of established legal principles and procedures and have a high degree
of ability to interpret and apply them to specific factual situations.
Legal knowledge may be defined as familiarity with established legal principles and
evidentiary and procedural rules. Legal ability is the intellectual capacity to interpret
and apply established legal principles to specific factual situations and to
communicate, both orally and in writing, the reasoning leading to the legal
conclusion. Legal ability connotes also certain kinds of behavior by the judge such
as the ability to reach concise decisions rapidly once he or she is apprised of
sufficient facts, the ability to respond to issues in a reasonably unequivocal manner
and to quickly grasp the essence of questions presented.
Legal knowledge and ability are not static qualities, but are acquired and enhanced
by experience and the continual learning process involved in keeping abreast of
changing concepts through education and study. While an applicant should possess
a high level of legal knowledge, and while a ready knowledge of rules of evidence
is of importance to judges who will try contested cases, an applicant should not
normally be expected to possess expertise in any particular substantive field. More
important is the demonstration of an attitude reflective of willingness to learn the
new skills and knowledge which will from time to time become essential to a judge's
performance and of a willingness to improve judicial procedure and administration.
A review of an applicant's academic distinctions, participation in continuing legal
education forums, legal briefs and other writings and reputation among judges and
professional colleagues who have had first-hand dealings with the applicant will be
helpful in evaluating knowledge and ability.
d. Professional Experience. An applicant should be a licensed, experienced lawyer.
An applicant should be admitted to practice law in the jurisdiction. The length of time
that a lawyer has practiced is a valid criterion in screening applicants for judgeships.
Such professional experience should be long enough to provide a basis for the
evaluation of the applicant's demonstrated performance and long enough to ensure
that the applicant has had substantial exposure to legal problems and the judicial
process.
It is desirable for an applicant to have had actual trial experience, as an attorney,
a judge or both, beyond general litigation experience. This is particularly true for an
applicant for the trial bench.
The extent and variety of an applicant's experience should be considered in light of
the nature of the judicial vacancy that is being filled. Although substantial trial
experience is desirable, other types of legal experience should also be carefully
considered. An analysis of the work performed by the modern trial bench indicates
that, in addition to adjudication, many judges perform substantial duties involving
administration, discovery, mediation and public relations. A private practitioner who
has developed a large clientele, a successful law teacher and writer, or a successful
corporate, government or public interest attorney all may have experience which will
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contribute to successful judicial performance. Outstanding persons with such
experience should not be deemed unqualified solely because of lack of trial
experience. The important consideration is the depth and breadth of the
professional experience and the competence with which it has been performed,
rather than the applicant's particular type of professional experience.
For an applicant for the appellate bench, professional experience involving scholarly
research and the development and expression of legal concepts is especially
desirable.
e. Judicial Temperament. An applicant should possess a judicial temperament, which
includes common sense, compassion, decisiveness, firmness, humility, open-
mindedness, patience, tact and understanding.
Judicial temperament is universally regarded as a valid and important criterion in the
evaluation of an applicant. There are several indicia of judicial temperament which,
while premised upon subjective judgment, are sufficiently understood by lawyers
and non-lawyers alike to afford workable guidelines for the evaluator.
Among the qualities which comprise judicial temperament are patience, open-
mindedness, courtesy, tact, firmness, understanding, compassion and humility.
Because the judicial function is essentially one of facilitating conflict resolution,
judicial temperament requires an ability to deal with counsel, jurors, witnesses and
parties calmly and courteously, and the willingness to hear and consider the views
of all sides. It requires the ability to be even-tempered, yet firm; open-minded, yet
willing and able to reach a decision; confident, yet not egocentric. Because of the
range of topics and issues with which a judge may be required to deal, judicial
temperament requires a willingness and ability to assimilate data outside the judge's
own experience. It requires, moreover, an even disposition, buttressed by a keen
sense of justice which creates an intellectual serenity in the approach to complex
decisions, and forbearance under provocation. Judicial temperament also implies
a mature sense of proportion; reverence for the law, but appreciation that the role
of law is not static and unchanging; understanding of the judge's important role in
the judicial process, yet recognition that the administration of justice and the rights
of the parties transcend the judge's personal desires. Judicial temperament is
typified by recognition that there must be compassion as the judge deals with
matters put before him or her.
Factors which indicate a lack of judicial temperament are also identifiable and
understandable. Judicial temperament thus implies an absence of arrogance,
impatience, pomposity, loquacity, irascibility, arbitrariness or tyranny. Judicial
temperament is a quality which is not easily identifiable, but which does not wholly
evade discovery. Its absence can usually be fairly ascertained.
Wide-ranging interviews should be undertaken to provide insight into the
temperament of a judicial applicant.
f. Diligence. An applicant should be diligent and punctual. Diligence is defined as
a constant and earnest effort to accomplish that which has been undertaken. While
diligence is not necessarily the same as industriousness, it does imply the elements
of constancy, attentiveness, perseverance, and assiduousness. It does imply the
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possession of good work habits and the ability to set priorities in relation to the
importance of the tasks to be accomplished.
Punctuality should be recognized as a complement of diligence. An applicant should
be known to meet procedural deadlines in trial work and to keep appointments and
commitments. An applicant should be known to respect the time of other lawyers,
clients and judges.
g. Health. An applicant should be in good health. Good health embraces a condition
of being sound in body and mind relative to the extraordinary decision making power
vested in judges. Physical handicaps and diseases which do not prevent a person
from fully performing judicial duties will not be a cause for rejection of a candidate.
However, any serious condition which would affect the candidate's ability to perform
the duties of a judge may be further investigated by the evaluator. The evaluator
may require a candidate to provide a physician's written report of a recent thorough
medical examination addressing the condition of concern.
Good health includes the absence of erratic or bizarre behavior which would
significantly affect the candidate's functioning as a fair and impartial judge. Addiction
to alcohol or other drugs is of such an insidious nature that the evaluator should
affirmatively determine that a candidate does not presently suffer from any such
disability.
The ability to handle stress effectively is a component of good mental health. A
candidate should have developed the ability to refresh himself or herself
occasionally with non-work-related activities and recreations. A candidate should
have a positive perception of his or her own self-worth, in order to be able to
withstand the psychological pressures inherent in the task of judging.
The evaluator should give consideration to the age of a candidate as it bears upon
health and upon the number of years of service that the candidate may be able to
perform.
h. Financial Responsibility. An applicant should be financially responsible. The
demonstrated financial responsibility of an applicant is one of the factors to be
considered in predicting the applicant's ability to serve properly. Whether there have
been any unsatisfied judgments or bankruptcy proceedings against an applicant and
whether the applicant has promptly and properly filed all required tax returns are
pertinent to financial responsibility. Financial responsibility demonstrates self-
discipline and the ability to withstand pressures that might compromise
independence and impartiality.
i. Public Service. Consideration should be given to an applicant's previous public
service activities.
Participation in public service and pro bono activities adds another dimension to the
qualifications of the applicant. The degree of participation in such activities may
indicate social consciousness and consideration for others. The degree to which bar
association work provides an insight into the qualifications of the applicant varies in
each individual. Significant and effective bar association work may be seen as a
favorable qualification.
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The rich diversity of backgrounds of American judges is one of the strengths of the
American judiciary, and an applicant's non-legal experience must be considered
together with the applicant's legal experience. Experience which provides an
awareness of and a sensitivity to people and their problems may be just as helpful
in a decision making process as a knowledge of the law. There is, then, no one
career path to the judiciary. A broad, non-legal academic background, supported by
varied and extensive non-academic achievements are important parts of an
applicant's qualifications. Examples of such non-legal experience are involvement
in community affairs and participation in political activities, including election to
public office. The most desirable applicant will have had broad life experiences.
There should be no issue-oriented litmus test for selection of an applicant. No
applicant should be precluded from consideration because of his or her opinions or
activities in regard to controversial public issues. No applicant should be excluded
from consideration because of race, creed, sex or marital status.
While interviews of applicants may touch on a wide range of subjects in order to test
an applicant's breadth of interests and thoughtfulness, the applicant should not be
required to indicate how he or she would decide particular issues that may arise on
litigated cases. However, an applicant's judicial philosophy and ideas concerning
the role of the judicial system in our scheme of government are relevant subjects of
inquiry.
2. Other Considerations for Qualification - In addition to the ABA guidelines, the
commissioners may wish to consider the following in analyzing the qualifications of an
applicant for judicial office.
a.Impartiality. A judge must be able to determine the law and sometimes the facts of
a dispute objectively and impartially. Applicants should be challenged on their ability
to make the transition from advocate to arbiter, on their ability to hear and consider
all sides of an issue, and on their ability to put aside prejudice and bias.
b. Industry. Applicants must demonstrate a willingness to dedicate themselves to
diligent, efficient, and thorough work. Work habits differ; work techniques vary; but
rising court caseloads demand industry of judges. This means the ability to manage
time efficiently, to persevere against obstacles, to prepare thoroughly and
punctually, and to resolve issues concisely and decisively.
c. Age. A justice of the Supreme Court must be at least 30 years old. A judge of any
other court of record must be at least 25 years old. Otherwise, there are no
restrictions on the age of nominees to judicial office. Applicants should not be
judged by their age alone. But they may be judged by the qualifications that may
wax or wane with age: maturity, stability, legal skills, health, vitality.
d. Juvenile Court Judges. Juvenile court judges must deal with a very special
segment of our society, our children. It has long been the policy in Utah to select
judges for the juvenile court that demonstrate a special interest in, understanding
of, and experience with the issues and problems facing children and families and
the control of the crimes of juveniles.
e. Trial Court Judges. Substantial trial experience as an attorney, a judge, or both is
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desirable. This includes the preparation and presentation of matters of proof in an
adversarial setting for practicing attorney applicants, or the hearing, ruling and
decision-making experience of a sitting judge applicant. However, litigation
experience should not be overemphasized. The modern day trial judge must also
be an able administrator and mediator.
f. Appellate Court Judges. Because of the collegial decision making process on the
appellate bench, it is important that judges be able to understand and respect
differing opinions without personal rancor. A good appellate court judge should be
able to give and receive criticism of opinions and arguments without giving or taking
personal offense. Appellate court judges should have well developed research and
writing skills and backgrounds with broad experience.
g. Diversity on the Bench. When deciding among applicants whose qualifications
appear in all other respects to be equal, it is relevant to consider the background
and experience of the applicants in relation to the current composition of the bench
for which the appointment is being made. The idea is to promote a judiciary of
sufficient diversity that it can most effectively serve the needs of the community.
V. CANON 5 CODE OF JUDICAL CONDUCT
A JUDGE SHALL REFRAIN FROM POLITICAL ACTIVITY INAPPROPRIATE TO THE JUDICIAL
OFFICE.
A. A candidate for selection by a judicial nominating commission shall not engage in political
activities that would jeopardize the confidence of the public or of governmental officials in the
political impartiality of the judicial branch of government. A candidate for selection to a judicial
office shall not:
1. misrepresent the candidate's identity, qualifications, present position, education, prior
experience or any other fact;
2. make promises or pledges of conduct in office other than the faithful, impartial and diligent
performance of judicial duties; or
3. seek support or invite opposition to the candidacy because of membership in a political
party.
B. A judge or a candidate for a judicial office who has been confirmed by the Senate shall not:
1. act as a leader or hold any office in a political organization;
2. make speeches for a political organization or candidate or publicly endorse a candidate
for public office;
3. solicit funds for or pay an assessment or make a contribution to a political organization or
candidate, attend political gatherings or purchase tickets for political party dinners or other
functions, except as authorized in Canon 5C; or
4. take a public position on a non-partisan political issue which would jeopardize the
confidence of the public in the impartiality of the judicial system.
C. If a candidate for judicial office in a retention election or reappointment process has drawn active
public opposition, the candidate may operate a campaign for office subject to the following
limitations:
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1. The candidate shall not make pledges or promises of conduct in office other than the
faithful and impartial performance of the duties of the office or misrepresent the
candidate's identity, qualifications, present position, or other facts.
2. The candidate shall not directly solicit or accept campaign funds or solicit publicly stated
support, but may establish committees of responsible persons to secure and manage the
expenditure of funds for the campaign and to obtain public statements of support.
Committees may solicit campaign contributions and public support from lawyers but must
inform lawyers that their contribution or lack of contribution will not be known to the judge
or candidate. Committees must not permit the use of campaign contributions for the
private benefit of the judge or members of the judge's family.
3. The candidate may speak to public gatherings on the candidate's own behalf.
4. A candidate may respond to personal attacks or attacks on the candidate's record as long
as the response does not violate Canon 5C(1).
D. Judges and candidates for judicial office:
1. should maintain the dignity appropriate to judicial office and act in a manner consistent
with the integrity and independence of the judiciary, and should encourage members of
the judge's or candidate's family to adhere to the same standards of political conduct in
support of the judge or candidate as apply to the judge or candidate;
2. should discourage employees or officials subject to the judge's or candidate's direction
and control from doing on the judge's or candidate's behalf what the judge or candidate
is prohibited from doing under this Canon; and
3. except to the extent permitted by Canon 5C(2), shall neither request nor encourage, and
should not knowingly permit, any other person to do for the judge or candidate what the
judge or candidate is prohibited from doing under this Canon.
E. A judge shall resign from judicial office upon becoming a candidate for non-judicial office either
in a primary or in a general election, except that the judge may continue to hold judicial office
while being a candidate for election to or serving as a delegate in a state constitutional
convention.
F. A lawyer who is an unsuccessful candidate for judicial office is subject to lawyer discipline for
violations of this Canon pursuant to Rule of Professional Conduct 8.2.
12 APPLICATION QUESTIONNAIRE FOR JUDICIAL OFFICE
PERSONAL IDENTIFICATION
Please read this entire questionnaire and the accompanying instructions before completing the questionnaire.
Begin answers in the space provided. If the space provided is insufficient, allow the word processor to wrap the text and
repaginate document.
Court for which this application is being submitted:
County of Residence:
Please provide a brief statement explaining why you are seeking this judicial position.
1. Full Name: (First Middle Last)
2. Have you ever been known by any other name or surname? If so, state all names used and the dates and
places of use. Include name changes as a result of marriage.
3. Social Security Number:
4. Residence Address:
Telephone:
5. Business Address:
Telephone:
6. Are you a citizen of the United States?
7. If this application is for Justice of the Supreme Court, have you been a continuous resident of Utah for the
immediately preceding five or more years?
If this application is for Judge of any other court of record, have you been a continuous resident of Utah for the
immediately preceding three or more years?
State all residences you have had in the last ten years.
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13
ADMISSION TO PRACTICE LAW
Street Address City, State, Zip Dates
8. Date of Birth:
9. Are you currently admitted to practice law in Utah?
EDUCATION
10. Show all post high school education other than law school.
School Name Dates of Degree
and Location Attendance Major Awarded
11. a. Show all law schools you have attended.
School Name Dates of Degree
and Location Attendance Awarded
b. Please list for the last five years any years in which you did not obtain the mandatory minimum of
continuing legal education or judicial education credit hours.
12. Indicate any academic distinctions you have received.
Application
14 JUDGESHIPS
13. Show all jurisdictions, including Utah, in which you are or were admitted to practice law. Include the date
of your admission and your identification number, if any.
14. Have you been entitled to practice law in each of the jurisdictions and before each of the courts listed in
question 13 continuously from the date you first became entitled to practice until the date of this application?
If not, state jurisdiction involved, the dates during which you have not been so entitled, and the nature
of and the facts surrounding the disqualification.
15. Have you ever been denied admission to practice law in any state?
If so, state the name of the
jurisdiction and the reason for the denial.
16. a. Have you ever been disbarred, suspended from the practice of law, reprimanded, censured, or
otherwise disciplined as an attorney in any jurisdiction?
b. Are you aware of any formal disciplinary proceedings* currently pending against you as an attorney in
any jurisdiction?
* For purposes of this question, a "formal proceeding" is one in which the complaint has survived initial
screening and has been referred for disposition on the merits.
c. Have you ever been held in contempt by a court or sanctioned by a court?
If you answered "yes" to any part of this question, state the jurisdiction in which the matter occurred, the
date of the action, the citation and number of the case, the facts of the case, and the disposition of the
matter.
17. Show courts on which you have sat as a duly appointed or elected judge.
State Court Dates Reason for Nature of
Termination Jurisdiction
18. Have you ever served as a judge pro tempore, court commissioner, arbitrator or quasi-judicial fact finder?
If so, please indicate the court or organization, the length of your appointment and the nature of the
work.
Court/Organization Dates Nature of Work
Application
15 ELECTED OFFICES
19. a. Have you ever been reprimanded, censured, suspended, removed from the bench, or otherwise
disciplined as a judge in any jurisdiction?
b. Are any formal complaints* currently pending against you, or has any disciplinary action ever been
taken against you by the judicial conduct commission of any state?
* For purposes of this question, a "formal complaint" is one which has survived initial screening and
has been referred for disposition on the merits.
If you answered "yes" to any part of this question, state the jurisdiction involved, the date of the
action, the citation and number of the case, the facts of the case, and the disposition of the matter.
20. Show any elected offices you have held other than as a judge as listed in question 17.
PRACTICE OF LAW AND OTHER EMPLOYMENT
21. Show all businesses, professions, or employment you have had or been engaged in, other than those
positions listed in questions 17, 18, and 20, including periods of self-employment and the practice of law,
since you were 21 years of age. List your current or most recent employment first. Employers listed may be
contacted by the Judicial Nominating Commission or court staff.
Period of Employer Name Position Immediate Reason for
Employment and Address Held Supervisor Termination
22. Have you ever been discharged from employment or have you ever resigned from any employment after
being told that your conduct or work was unsatisfactory?
If so, fully state the facts concerning the
matter. For purposes of this question, "employment" does not include your retention by a client for the
rendition of legal services.
23. Indicate the general character of your practice of law over the course of your legal career. Your answer
should include, but is not limited to, the following:
• the courts in which you have practiced
• the nature of cases you have handled
Application
16
• the volume of cases handled in each case type
• the percentage of your time that has been spent in litigation
• the amount and type of actual in-court experience you have had - both in trials and in other
appearances
• your appellate experience
SERVICE IN THE ARMED FORCES
24. Have you ever been a member of any branch of the armed forces of the United States? If so, state
the following:
Branch of Service:
Service Number:
Dates of Active Duty:
Rank at Separation:
Was your discharge other than honorable? If so, explain:
LITIGATION AS A PARTY
25. Do you have any outstanding judgments against you? If so, state the name and address of the
creditor(s), the amount of the judgment outstanding, and the date, nature, and court of the judgment.
26. a. Have you ever been convicted of a criminal charge, whether or not later expunged, or are any criminal
charges pending against you? (Do not include traffic offenses except for DUI, Reckless Driving, Failure
to Stop at the Command of a Police Officer, Leaving the Scene of an Accident and Joy Riding.)
b. Have you in your individual capacity ever been or are you currently a party to any civil litigation except
for divorce?
c. Have you ever been adjudicated as bankrupt or has a petition in bankruptcy ever been filed by you or
against you either alone or in conjunction with others?
d. Have you ever been or are you currently a defendant in a malpractice suit?
Application
17 MENTAL AND PHYSICAL HEALTH
27. If you answered "yes" to any portion of question 26, state fully the name and location of the court, the case
number, the names of the parties, the name and location of the law enforcement agency involved, the facts
concerning the matter, the disposition of the matter including any sentence imposed, whether or not an appeal
was taken or is pending, and the results of the appeal.
28. Are you currently the subject of an investigation which could result in civil or criminal action against you?
If yes, please state the nature of the investigation, the agency conducting the investigation and the
expected completion date of the investigation.
29. Appendix A, Utah Code of Judicial Administration sets forth evaluation criteria for the selection of judges,
including integrity, judicial temperament, diligence, and health. These criteria are reproduced as part of the
introduction to this application form. Under these criteria, can you perform the duties of a judge with or without
reasonable accommodation?
If “No,” please offer additional detail as necessary.
PROFESSIONAL AFFILIATIONS
30. List the names and dates of membership of any professional organization of which you currently are a
member, including bar associations. List any elected or appointed offices or committee memberships held
within these organizations.
COMMUNITY AND CIVIC INVOLVEMENT
31. List the names and dates of membership of any civic or community organization of which you are currently
a member. List any elected or appointed offices or committee memberships held within these organizations,
and any other fact which you believe is significant.
PUBLICATIONS
Application
18
32. List by title and publication any relevant articles you have published either as sole author or co-author.
REFERENCES
33. Letters of recommendation are not submitted by the applicant. The judicial nominating commission selects
from among the references listed, and the commission or its staff contacts the references.
a. List as a reference all lawyers adverse to you in litigation or negotiations or 20 such lawyers, whichever
is less. Lawyers engaged in a non-adversarial practice, such as judges, law professors, and
consultants, may omit the listing of adverse lawyers.
Name Mailing Address (please include zip code)
b. You may list any lawyer with whom you have had a substantial professional interaction within the
previous two years. “Professional interaction” should be broadly interpreted with emphasis on the
identification of opposing counsel as references. “Substantial interaction” should be interpreted to
include lawyers with whom you have had sufficient interaction that the reference can render an
informed opinion regarding your abilities as a lawyer and judge. This may include lawyers in your law
firm, opposing counsel in contested cases, and counsel for opposing parties in business or other
negotiations outside of contested cases.
Lawyers engaged in a non-adversarial practice, such as judges, law professors, and consultants, must
list at least 20 references under this question.
Name Mailing Address (please include zip code)
Application
19
34. TO BE COMPLETED BY PRACTICING ATTORNEYS, NOT BY SITTING JUDGES.
a. List five recent cases on which you have been counsel. For each case, indicate the judge who was
assigned the case and the opposing counsel, and any information which might help the judge and
attorneys remember your court appearance. PLEASE DO NOT CONTACT JUDGES OR COUNSEL.
Case Name Judge Opposing Counsel(Name/ Address)
Additional Information
Case Name Judge Opposing Counsel (Name/ Address)
Additional Information
Case Name Judge Opposing Counsel (Name/ Address)
Additional Information
Case Name Judge Opposing Counsel (Name/ Address)
Additional Information
Case Name Judge Opposing Counsel (Name/ Address)
Additional Information
b. You may list up to three other judges who know you. State the nature of the association. These can
include such relationships as co-participants on committees and other projects, former law partners,
neighbors, etc. You may also include judges before whom you have practiced in cases other than
those indicated in (a) above. If you include judges before whom you have practiced, include under
"nature of relationship" a case name or other information which will help the judge remember your court
appearance. PLEASE DO NOT CONTACT THE JUDGES.
Application
20
Judge Court Nature of Association
35. TO BE COMPLETED BY SITTING JUDGES, NOT BY PRACTICING ATTORNEYS.
a. List five recent cases over which you have presided as judge. (For trial judges, the cases must actually
have gone to trial or other evidentiary hearing; for appellate judges, the cases should be calendar A
cases. Do not include cases which are under advisement or on which your work is otherwise not
completed.) List the counsel for the plaintiff and defendant. PLEASE DO NOT CONTACT COUNSEL.
Case Plaintiff’s Counsel Defendant’s Counsel
Name Name and Address Name and Address
b. List three judges who know you and indicate the nature of the association. PLEASE DO NOT
CONTACT THE JUDGES.
Judge Court Nature of Association
36. Is there any fact not set forth in your answers that in your opinion might be relevant to your qualifications to
serve on the court for which you have applied or that could reflect either positively or negatively upon your
candidacy for judicial office?
If so, state fully the facts concerning the matter.
37. I understand that submission of this application expresses my willingness to accept appointment to the
position for which I have applied.
(Initials)
38. I understand that by submitting this application I am consenting to investigations concerning: verification of
education, criminal charges and law enforcement investigations, credit information, court records, judicial
and attorney disciplinary proceedings, any employers or references listed, and verification of any other
information listed herein.
(Initials)
39. I hereby state that the answers to all questions contained in this application are true to the best of my
knowledge and that knowingly providing false information may subject me to removal from office.
(Initials)
Date:
Signature of Applicant:
Waiver
21
Subscribed and sworn to before me this day of , 19 .
Notary Public
My commission expires:
Applications should be sent to: Administrative Office of the Courts
Attention: Judicial Nominations
450 S. State Street, P. O. Box 140241
Salt Lake City, Utah 84114-0241
The Administrative Office of the Courts cannot be responsible for applications not received. A notice of receipt
showing any deficiencies in the application will be mailed to all applicants. Inquiries should be directed to Margo Bird
at the Administrative Office of the Courts at the above address or by telephone 578-3803.
WAIVER OF RIGHT TO REVIEW THE RECORDS IN THE NOMINATION AND APPOINTMENT
PROCESSES
I, , the undersigned applicant for the position of judge of the Court, hereby waive
any right which I may enjoy by virtue of state or federal statute, rule, regulation, or other law to review the records of
the Utah Judicial Nominating Commission, the Utah Governor’s Office and the Utah State Senate as they pertain to
nominations for and appointment to this position.
(Date) (Signature)
State of
}ss.
County of
Subscribed and sworn to before me this day of , 19 .
Notary Public
My commission expires:
Waiver
22 WAIVER OF CONFIDENTIALITY OF RECORDS
I,
, the undersigned applicant for the position of judge of the Court,
hereby waive the benefit of any state or federal statute, rule, regulation or other law prescribing the
confidentiality of any records or documents, whether formal or informal, pending or closed,
maintained by any public or private agency or organization as those records or documents pertain
to citizenship, residency, age, credit, taxes, education, employment, mental or physical health, civil
litigation, criminal litigation, law enforcement investigation, admission to the practice of law, service
in the United States' armed forces, or disciplinary action by any judicial conduct commission or
state bar association of any jurisdiction.
I hereby authorize and request every public or private agency, organization, or person maintaining
such records to furnish to the Utah Judicial Nominating Commission, the Office of the Court
Administrator, or their agents or representatives any information contained therein and to permit
them to inspect and make copies of such records and documents.
I hereby release the Utah Judicial Nominating Commission, the Office of the Court Administrator,
their agents and representatives, and any agency, organization, or person furnishing them
information from all liability arising out of any investigation concerning this application.
(Date) (Signature)
State of
}ss.
County of
Subscribed and sworn to before me this day of , 19
Notary Public
My commission expires:
Waiver
23
FAIR CREDIT REPORTING ACT DISCLOSURE AND AUTHORIZATION
When considering your application for judgeship, the Nominating Commission, as an agent for the state, will obtain
and use a consumer report from a consumer reporting agency. A consumer reporting agency is any person or
business that assembles or evaluates consumer credit or other information on individuals. A consumer report is any
information from a consumer reporting agency which may bear on a person’s credit worthiness, character, reputation
or other information that might be used in an employment decision.
When the Nominating Commission obtains a consumer report, the information in that report will be used to make
decisions that may directly and adversely affect you. You will therefore be provided with a copy of the consumer report
before the Nominating Commission meets to make its final decisions. For additional information about your rights, you
should review the Fair Credit Reporting Act or contact the Federal Trade Commission.
By signing below, you acknowledge an understanding of your and the Nominating Commission’s rights under the Fair
Credit Reporting Act. You voluntarily authorize the Nomination Commission to obtain consumer reports from consumer
reporting agencies and to consider those reports in making decisions about your application for judicial office.
(Signature) (Date)
Waiver
24
THE UTAH STATE COURT SYSTEM IS
AN EQUAL OPPORTUNITY EMPLOYER
Appointments are made without regard to sex, age, race, creed,
religion, national origin, ancestry, marital status, disability, or
other non-job related criteria.
The Courts believe in equal opportunity principles. Consequently,
we attempt to track our applicant flow for every recruitment.
While your participation is entirely voluntary, your cooperation in
providing this information is greatly appreciated .
Please fill out this sheet completely and return it with your
application. DO NOT sign your name. This sheet will be removed
from your application upon receipt. The information you provide is
confidential and will not be used in the consideration of your
application.
Position applied for: _____________________________
Date: __________________________________________
Gender Age
‘ Male ‘ 39 or less
‘ Female ‘ 40 and over
Ethnic Group:
‘ Asian/Pacific Islander ‘ Black (not of Hispanic origin)
‘ Hispanic ‘ Native American/Alaskan Native
‘ White (not of Hispanic origin) ‘ Other (please specify)
