3-1-1702. (Temporary) Judicial performance evaluations. (1) Beginning in 2026, the commission shall prepare:

(a) a midterm performance evaluation for each district court judge during the third year of the judge's term;

(b) a final performance evaluation for each district court judge during the fifth year of the judge's term;

(c) a midterm performance evaluation for each justice of the Montana supreme court during the third year of the justice's term;

(d) a final performance evaluation for each supreme court justice during the seventh year of the justice's term; and

(e) a final performance evaluation for each judge appointed to a vacancy during the year prior to the last year of the judge's current term.

(2) The performance evaluation for a judge under subsection (1) may consider only the information listed in subsections (3) and (4). The performance evaluation must give primary emphasis to information gathered since the judge's election or appointment to the judge's current term in office.

(3) The information a performance evaluation must consider is as follows:

(a) the results of the judge's most recent judicial performance survey conducted in accordance with 3-1-1703;

(b) information acquired by observation of the judge's conduct in the courtroom;

(c) the judge's judicial disciplinary record, if any;

(d) public comment solicited by the commission;

(e) information from any earlier judicial performance evaluation of the judge, except that the commission shall rely primarily on information gathered subsequent to the last judicial election; and

(f) any other factor the commission considers relevant to evaluating the judge's performance and previously authorized as a permissible factor by rule.

(4) The commission shall make rules governing the conduct of courtroom observation. The rules must specify:

(a) who may perform the courtroom observation;

(b) whether the courtroom observation must be performed in person or may be performed by electronic means; and

(c) the standards used to evaluate the behavior observed.

(5) Prior to issuing the judicial performance evaluation, the commission shall allow a judge who is the subject of a judicial performance evaluation to appear and speak at any commission meeting during which the judge's judicial performance evaluation is being considered. Information disclosed during this meeting is confidential.

(6) The commission may meet in a closed meeting to discuss a judge's judicial performance evaluation by complying with Title 2, chapter 3, part 2.

(7) A judge may provide a written statement, not to exceed 200 words, which must be included in the judge's performance evaluation report. (Terminates June 30, 2035--sec. 14, Ch. 765, L. 2025.)