Commission votes against retention of Judge Su Chon

Commission votes against retention of Judge Su Chon

(Al Hartmann, Pool, File)


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SALT LAKE CITY — The Utah Judicial Performance Review Commission has recommended that voters retain all state judges on the ballot this year except for one: 3rd District Judge Su Chon.

In its report intended to inform voters about judges' performance before retention elections, the commission voted 7-2 against retaining Chon. The report found that scores measuring Chon's legal abilities fell below the minimum set to recommend she keep her seat, and all of Chon's other scores were below those of other district court judges.

The report is simply intended as a guideline for voters, who will ultimately decide which judges are retained in the state.

In 94 surveys and observations collected from attorneys, court staff, jurors and the public, 63 percent of respondents said Chon should be retained as a judge — the lowest of any district court judge on the ballot this year.

"Survey respondents focus on her perceived weakness in following legal precedent, lack of meaningful legal analysis in written decisions, and slow decision-making. Some respondents view Judge Chon as a hard worker, noting her improvement over time. Others find her indecisive and unsure of her legal rulings, particularly in civil cases," according to the report.

Opinions from courtroom observers was "more favorable but still mixed," the report notes, citing praise for Chon as an attentive listener who gives equal treatment.

Among other district court judges on the ballot this year, respondents' support for retention was generally above 80 and even up to 100 percent. Beside Chon, the only exception was 4th District Judge Darold McDade, who had 71 percent of respondents support retention.

McDade, who has served in the 4th District since 2007, was recommended for retention, but with a split 7-5 vote from the commission. McDade received the same failing score as Chon — 3.4 out of 5 — on his legal ability, according to his evaluation.

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"Survey respondents express doubt about the depth of Judge McDade's legal knowledge and his ability to properly adjudicate complex matters. They question the clarity and reasoning of his oral and written rulings. Respondents, however, also acknowledge that Judge McDade is consistently respectful, kind, and polite. They characterize him as humble, calm, and a good listener," according to the report.

No other district court judges had votes from the commission against them remaining on the bench.

Chon serves in Salt Lake, Summit and Tooele counties. In response to the review, she noted that a majority of those surveyed supported keeping her on the bench and that her rulings have not been overturned on appeal.

"I feel fortunate to have been welcomed into this country as a child," said Chon, a Korean immigrant. "My grandfathers were tortured and mistreated because North Korea refused to uphold the law — this drives the person and judge I am today. My family's experiences inspire me to carefully and fairly apply the rule of law. I respect the process, and I work hard."

Appointed by Gov. Gary Herbert in 2012, Chon took the bench with a 17-10 vote of support from the Utah State Senate, days after the Senate Judicial Confirmation Committee voted 4-2 against her nomination.

At the time, senators spoke highly of Chon but voiced concern that the attorney, who worked as a mediator in the Office of the Property Rights Ombudsman, lacked trial experience and needed more time in the courtroom before assuming a judgeship.

Chon graduated from BYU with a bachelor's degree in English in 1991 and earned a juris doctorate in 1994. Before her time in the Office of the Property Rights Ombudsman, she worked in small- and medium-sized law firms, according to her biography. She currently serves on the court's Language Access and Community Relations committees and is the co-chairwoman of the Utah Bar's Modest Means Committee. She was the recipient of the Utah State Bar's 2005 Pro Bono Lawyer of the Year Award and the 2008 Raymond S. Uno Award.

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