(1) There is created an independent commission called the Judicial Performance Evaluation Commission consisting of 13 members, as follows: (a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar; (b) two members appointed by the speaker of the House of Representatives, only one of whom may be a member of the Utah State Bar; (c) four members appointed by the members of the Supreme Court, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar; (d) four members appointed by the governor, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar; and (e) the executive director of the Commission on Criminal and Juvenile Justice.

(a) two members appointed by the president of the Senate, only one of whom may be a member of the Utah State Bar;

(b) two members appointed by the speaker of the House of Representatives, only one of whom may be a member of the Utah State Bar;

(c) four members appointed by the members of the Supreme Court, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar;

(d) four members appointed by the governor, at least one of whom, but not more than two of whom, may be a member of the Utah State Bar; and

(e) the executive director of the Commission on Criminal and Juvenile Justice.

(2) (a) The president of the Senate and the speaker of the House of Representatives shall confer when appointing members under Subsections (1)(a) and (b) to ensure that there is at least one member from among their four appointees who is a member of the Utah State Bar. (b) Each of the appointing authorities may appoint no more than half of the appointing authority's members from the same political party. (c) A sitting legislator or a sitting judge may not serve as a commission member.

(a) The president of the Senate and the speaker of the House of Representatives shall confer when appointing members under Subsections (1)(a) and (b) to ensure that there is at least one member from among their four appointees who is a member of the Utah State Bar.

(b) Each of the appointing authorities may appoint no more than half of the appointing authority's members from the same political party.

(c) A sitting legislator or a sitting judge may not serve as a commission member.

(3) (a) A member appointed under Subsection (1) shall be appointed for a four-year term. (b) A member may serve no more than three consecutive terms.

(a) A member appointed under Subsection (1) shall be appointed for a four-year term.

(b) A member may serve no more than three consecutive terms.

(4) At the time of appointment, the terms of commission members shall be staggered so that approximately half of commission members' terms expire every two years.

(5) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the same appointing authority that appointed the member creating the vacancy.

(6) (a) Eight members of the commission constitute a quorum. (b) The action of a majority of the quorum constitutes the action of the commission, except that a decision of the commission to recommend that a judge be retained or not be retained may not be made except by a vote of at least six members. If because of absences the commission is unable to have at least six votes recommending that a judge be retained or not retained, the commission may meet a second time to consider whether to recommend that the judge be retained or not retained. (c) If a vote on the question of whether to recommend a judge be retained or not be retained ends in a tie or if a decision does not have six votes required by Subsection (6)(b), the commission may make no recommendation concerning the judge's retention.

(a) Eight members of the commission constitute a quorum.

(b) The action of a majority of the quorum constitutes the action of the commission, except that a decision of the commission to recommend that a judge be retained or not be retained may not be made except by a vote of at least six members. If because of absences the commission is unable to have at least six votes recommending that a judge be retained or not retained, the commission may meet a second time to consider whether to recommend that the judge be retained or not retained.

(c) If a vote on the question of whether to recommend a judge be retained or not be retained ends in a tie or if a decision does not have six votes required by Subsection (6)(b), the commission may make no recommendation concerning the judge's retention.