Utah Supreme Court

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Utah Supreme Court
Mathesoncourthouse.jpg
Scott M. Matheson Courthouse
Utah Supreme Court
Interactive map of Utah Supreme Court
Established1894
Jurisdiction Utah
Location Salt Lake City
Composition methodExecutive appointment with legislative confirmation and retention elections
Authorised by Utah State Constitution
Appeals to Supreme Court of the United States
Number of positions7
Website Official site
Chief Justice
Currently Matthew B. Durrant
SinceMarch 26, 2012
Jurist term endsJanuary 5, 2025

The Utah Supreme Court is the supreme court of the state of Utah, United States. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three other justices. All justices are appointed by the governor of Utah, with confirmation by the Utah Senate. The five justices elect one of their own to serve as chief justice and another to serve as associate chief justice, each for a term of four years.

Contents

History

Before present-day Utah became a state, it was organized into a provisional state, called the State of Deseret. [1] Its constitution established a three-member supreme court. [2] In 1850, the United States Congress passed "An Act to Establish a Territorial Government for Utah", Section 9 of which provided that "the judicial power of said territory shall be vested in a Supreme Court, District Court, and Justices of the Peace". [3] This act converted Deseret's supreme court into a territorial supreme court with expanded jurisdiction. [2]

In 1894, the United States Congress passed an Enabling Act, which called a convention to draft a constitution for Utah, another step towards statehood. The Enabling Act provided that Utah's territorial courts would be succeeded by new state courts with the same structure and jurisdiction. [2] When Utah became a state on January 4, 1896, its constitution took effect, and Utah's territorial supreme court was replaced by a new state supreme court. The constitution provided that the court would have three members, but that the Utah Legislature could expand its membership to five after 1905, an option it ultimately exercised. [4] [2]

In 1998, the Utah Supreme Court moved into its current courthouse, named for Governor Scott M. Matheson. The multimillion-dollar building was nicknamed the "Taj Mahal" by some critics over its cost. [5] Prior to that, the court met in the Utah State Capitol. [6]

2026 Expansion

After a series of rulings against the state legislature by the court on gerrymandering, abortion, and other issues, Republican legislators introduced a bill in the 2026 session to expand the court from 5 to 7 members. While Republicans claimed that the bill was intended to speed up rulings, it was widely viewed as an attempt to "pack the court" in order to get more favorable rulings and was opposed by Democrats and the Forward Party senator, along with a few Republicans. [7] A poll commissioned by Better Boundaries found that two-thirds of Republicans, 69% of unaffiliated voters, and nearly three-fourths of Democrats believe that the expansion of the court was driven by politics instead of efficiency. [8] The Utah State Bar also opposed the addition of seats to the Supreme Court. [9] The bill passed the Utah Senate 21–8 On January 26 and the Utah House of Representatives 57–18 on January 30. [10] Republican Governor Spencer Cox signed the bill on January 31. [11] The Utah Legislature had previously stripped the Utah Supreme Court of the power to select its own Chief Justice in 2025 in response to these rulings, giving that power to the Governor instead. [12]

Supreme Court justices

The Governor of Utah nominates justices from a list created by a judicial nominating commission each time a vacancy arises. The nominee must then be confirmed by a majority of the Utah Senate to take office. [13] If confirmed, the justice is subjected to a nonpartisan, "unopposed retention election at the first general election held more than three years after appointment" and every ten years thereafter. [14]

NameBornStartTerm endsAppointerLaw school
Matthew B. Durrant , Chief Justice1957 (age 68–69)February 8, 2000 [a] January 1, 2035 Mike Leavitt (R) Harvard
Paige Petersen February 17, 1972 (age 53)January 19, 2018January 3, 2033 Gary Herbert (R) Yale
Diana Hagen 1973 (age 52–53)May 18, 2022January 4, 2027 Spencer Cox (R) Utah
Jill Pohlman April 8, 1973 (age 52)August 17, 2022January 4, 2027 Spencer Cox (R) Utah
John Nielsen December 1, 2025January 6, 2031 Spencer Cox (R) BYU
Vacant
Vacant
  1. ↑ Originally appointed as an Associate Justice. Took office as Chief Justice on April 1, 2012.

References

  1. ↑ Stewart, D. Michael (1994), "The Legal History of Utah", Utah History Encyclopedia, University of Utah Press, ISBN   9780874804256, archived from the original on November 3, 2022, retrieved June 20, 2024
  2. 1 2 3 4 "History of the Utah Supreme Court". Utah State Archives and Records Service. Retrieved December 24, 2020.
  3. ↑ 9 Stat. 453 (September 9, 1850).
  4. ↑ Utah State Constitution, Article VIII, Section 2.
  5. ↑ "BAR MAY ANTE UP TO ENHANCE COURTHOUSE". DeseretNews.com. March 8, 1997. Archived from the original on November 7, 2017. Retrieved November 1, 2017.
  6. ↑ Reavy, Pat (June 15, 2010). "Security scarce at courthouse when Ronnie Lee Gardner murdered attorney". Deseret News . p. 2. Archived from the original on October 22, 2012. Retrieved October 2, 2010.
  7. ↑ McKellar, Katie (January 30, 2026). "Utah Legislature passes bill to expand Utah Supreme Court, add 5 more lower court judges • Utah News Dispatch". Utah News Dispatch. Retrieved January 31, 2026.
  8. ↑ "Will 2 new justices speed up Supreme Court rulings? Utah Legislature moves to find out". The Salt Lake Tribune. Retrieved January 31, 2026.
  9. ↑ "Utah State Bar Position On Package of Bills Affecting Utah Courts – Utah State Bar". www.utahbar.org. Archived from the original on January 29, 2026. Retrieved January 31, 2026.
  10. ↑ KUTV, Derick Fox (January 30, 2026). "Utah legislature votes to add two justices to Utah Supreme Court". KUTV. Retrieved January 31, 2026.
  11. ↑ "Gov. Cox quickly signs bill to add 2 more justices to Utah Supreme Court". The Salt Lake Tribune. Retrieved February 1, 2026.
  12. ↑ "GOP lawmakers take away the Utah Supreme Court's power to pick its own chief justice". The Salt Lake Tribune. Retrieved January 31, 2026.
  13. ↑ "Utah Constitution: Article VIII, Section 8". Utah State Legislature. 2020. Archived from the original on December 7, 2020. Retrieved December 13, 2020.
  14. ↑ "Utah Constitution: Article VIII, Section 9". Utah State Legislature. 2020. Archived from the original on January 25, 2020. Retrieved December 13, 2020.

40°45′34″N111°53′20″W / 40.759497°N 111.888918°W / 40.759497; -111.888918


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