Retention election · Nov 3, 2026
David N. Mortensen
Utah Court of Appeals
JPECMeets or exceeds standardsWhat this court does
Hears most appeals from the district and juvenile courts, except cases that go straight to the Supreme Court. Nine judges, statewide.
On every Salt Lake County ballot, including Taylorsville. Vote Yes to keep this judge for 6 more years, or No to remove. More Yes than No votes retains the judge.
The evaluation below is JPEC's official evaluation, quoted and summarized from its report. This guide does not rate judges.
Details: scores, feedback, standards, sources
Ballot question: “Shall DAVID NED MORTENSEN be retained in the office of Judge of the Court of Appeals of Utah?” · On every Salt Lake County ballot, including Taylorsville.
98% of survey respondents recommend Judge Mortensen for retention.
JPEC survey scores (1–5 scale; JPEC reports list 3.6 as the minimum standard)
| Legal ability | 4.6 | |
|---|---|---|
| Integrity & temperament | 4.8 | |
| Administrative skills | 4.8 | |
| Procedural fairness | 4.8 |
Compared with peers (JPEC)
- Consistent with peers: Legal Ability, Integrity & Judicial Temperament, Administrative Skills, Procedural Fairness
What survey respondents and observers said (JPEC summary)
- Respondents admire Judge Mortensen’s preparedness.
- Some describe him as fair and others compliment his legal skills, particularly his coherent and timely opinions.
Other standards (certified by the courts / Judicial Conduct Commission)
- Judicial Education: Pass
- Judicial Time Standard: Pass
- Judicial Discipline: Pass
- Fitness for Office: Pass
Biography (from JPEC)
Judge David N. Mortensen was appointed to the Utah Court of Appeals in May 2016 by Gov. Gary R. Herbert. Prior to his appointment, Judge Mortensen served as a trial judge in the Fourth District Court for almost ten years where he served multiple terms as the presiding judge and associate presiding judge. Judge Mortensen graduated from the J. Reuben Clark Law School at Brigham Young University in 1993. Judge Mortensen was in law practice as a trial attorney before becoming a judge. He is a member of the A. Sherman Christensen Inn of Court. He has taught as an adjunct professor at The J. Reuben Clark Law School. Judge Mortensen currently is a member of the Utah Judicial Council. Judge Mortensen received the 2016 Distinguished Service Award from the Government and Politics Legal Society of the J. Reuben Clark Law School. Judge Mortensen served two terms on the Judicial Conduct Commission and is a Fellow of the American Bar Foundation.
Sources
About this office: Utah Court of Appeals judge
One of nine judges on Utah's intermediate appeals court, sitting in panels of three to review most appeals from district and juvenile courts and from state agencies.
- Role
- Appellate judge (9 judges)
- Hours
- Full-time
- Pay
- $236,000 (105% of the District Court salary) [COMPUTED]
- Typical week
- Briefs and records, three-judge panel arguments, opinion writing
Responsibilities and powers
- The Court of Appeals "consists of nine judges"; after the first term, terms are six years (Utah Code 78A-4-102).
- Hears appeals from juvenile courts, most criminal appeals except first-degree and capital felonies, district-court reviews of local agency decisions, appeals of state agency adjudications (including hearings before local school boards or the State Board of Education), and cases the Supreme Court transfers to it (78A-4-103).
A typical week [INFERRED from jurisdiction and appellate practice]
- Like the Supreme Court: reading, panel arguments, conferences and opinion drafting, with a larger caseload per judge and many shorter decisions.
Time commitment
- Full-time.
Staff and budget
- Funded through the State Court Administrator line items in the state budget (S.B. 8, 2026, item 175). Judges work with law clerks and judicial assistants [INFERRED].
Pay
- $236,000 for FY2027 (105% of $224,750 = $235,987.50, rounded) [COMPUTED].