(1) The commission shall establish minimum performance standards requiring that: (a) the judge have no more than one public sanction issued by the Utah Supreme Court during the judge's current term; and (b) the judge receive a minimum score on the judicial performance survey as follows: (i) an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7); and (ii) if the commission includes a question on the survey that does not use the numerical scale, the commission shall establish the minimum performance standard for all questions that do not use the numerical scale to be substantially equivalent to the standard required under Subsection (1)(b)(i).

(a) the judge have no more than one public sanction issued by the Utah Supreme Court during the judge's current term; and

(b) the judge receive a minimum score on the judicial performance survey as follows: (i) an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7); and (ii) if the commission includes a question on the survey that does not use the numerical scale, the commission shall establish the minimum performance standard for all questions that do not use the numerical scale to be substantially equivalent to the standard required under Subsection (1)(b)(i).

(i) an average score of no less than 65% on each survey category as provided in Subsection 78A-12-204(7); and

(ii) if the commission includes a question on the survey that does not use the numerical scale, the commission shall establish the minimum performance standard for all questions that do not use the numerical scale to be substantially equivalent to the standard required under Subsection (1)(b)(i).

(2) The commission may establish an additional minimum performance standard if the commission by at least two-thirds vote: (a) determines that satisfaction of the standard is necessary to the satisfactory performance of the judge; and (b) adopts the standard.

(a) determines that satisfaction of the standard is necessary to the satisfactory performance of the judge; and

(b) adopts the standard.

(3) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a minimum performance standard.