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Utah Supreme Court
| Utah Supreme Court |
|---|
|
| Court Information |
| Justices: 5 |
| Founded: 1894 |
| Location: Salt Lake City |
| Salary |
| Associates: $235,300[1] |
| Judicial Selection |
| Method: Assisted appointment (governor-controlled commission) |
| Term: 10 years |
| Active justices |
| Matthew Durrant, Diana Hagen, John A. Pearce, Paige Petersen, Jill Pohlman |
Founded in 1894, the Utah Supreme Court is the state's court of last resort and has five judgeships. The current chief of the court is Matthew Durrant. In 2018, the court decided 212 cases.
As of September 2022, all five judges on the court were appointed by a Republican governor.
The Utah Supreme Court is located in Salt Lake City, Utah.
In Utah, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
The Utah Supreme Court has original jurisdiction over matters of state law that were certified from federal courts, and can also issue extraordinary writs. The court has appellate jurisdiction for cases of first degree and capital felony convictions from the district court. Appellate jurisdiction also extends to civil judgments besides domestic cases. The court reviews the administrative proceedings of the Public Service Commission, the Tax Commission, the School and Institutional Trust Lands Board of Trustees, the Board of Oil, Gas, and Mining, and the State Engineer. Additionally, the supreme court also has jurisdiction over the rulings of the Utah Court of Appeals by writ of certiorari and both constitutional and election questions. The court makes final rulings of interpretation of the Utah Constitution, as well as adopting rules for civil and criminal procedure and rules of evidence for use in the state courts. The court has administrative power over the Judicial Conduct Commission and the practice of law in the state, including admission, conduct, and discipline of attorneys.[2]
The following text from Article VIII, Section 3 of the Utah Constitution covers the organization and jurisdiction of the court:
| “ | Jurisdiction of Supreme Court
The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause.[3][4] |
” |
| —Utah Constitution, Article VIII, Section 3 | ||
Justices
The table below lists the current justices of the Utah Supreme Court, their political party, when they assumed office, and the appointing governor (if applicable).
| Office | Name | Party | Date assumed office | Appointed by |
|---|---|---|---|---|
| Utah Supreme Court | Matthew Durrant | Nonpartisan | 2000 | Michael O. Leavitt (R) |
| Utah Supreme Court | Diana Hagen | Nonpartisan | May 18, 2022 | Spencer Cox (R) |
| Utah Supreme Court | John A. Pearce | Nonpartisan | January 29, 2016 | Gary Herbert (R) |
| Utah Supreme Court | Paige Petersen | Nonpartisan | January 19, 2018 | Gary Herbert (R) |
| Utah Supreme Court | Jill Pohlman | Nonpartisan | August 17, 2022 | Spencer Cox (R) |
Judicial selection
- See also: Judicial selection in Utah
The five justices of the supreme court are selected through assisted appointment. The governor selects a nominee from a list of recommended candidates from a judicial nominating commission. The nominee then must attain approval from the Utah Senate.
New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[5]
Qualifications
To serve on the Utah Supreme Court, a judge must be:
- a citizen of the United States;
- a state resident for at least five years;
- admitted to practice law in the state;
- at least 30 years old; and
- no more than 75 years old.[5]
Chief justice
The chief justice of the supreme court is selected by peer vote. The chief justice of the supreme court serves in that capacity for four years.[5]
Vacancies
When a vacancy occurs on the court, the governor appoints a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
- See also: Utah Supreme Court elections
2024
- See also: Utah Supreme Court elections, 2024
The term of one Utah Supreme Court justice expired on January 5, 2025. The one seat was up for retention election on November 5, 2024. The filing deadline was July 15, 2024.
Candidates and results
Durrant's seat
Utah Supreme Court
Matthew Durrant was retained to the Utah Supreme Court on November 5, 2024 with 77.3% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
77.3
|
958,760 | ||
No |
22.7
|
281,663 | |||
Total Votes |
1,240,423 | ||||
|
|
2022
- See also: Utah Supreme Court elections, 2022
Candidates and results
Petersen's seat
Utah Supreme Court, Paige Petersen's seat
Paige Petersen was retained to the Utah Supreme Court on November 8, 2022 with 82.7% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
82.7
|
757,044 | ||
No |
17.3
|
158,668 | |||
Total Votes |
915,712 | ||||
|
|
2020
- See also: Utah Supreme Court elections, 2020
Candidates and results
Pearce's seat
Utah Supreme Court
John A. Pearce was retained to the Utah Supreme Court on November 3, 2020 with 81.5% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
81.5
|
1,025,585 | ||
No |
18.5
|
232,407 | |||
Total Votes |
1,257,992 | ||||
|
|
2018
- Main article: Utah Supreme Court elections, 2018
Candidates and results
Himona's seat
Utah Supreme Court, Himonas' seat
Deno Himonas was retained to the Utah Supreme Court on November 6, 2018 with 78.6% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
78.6
|
688,473 | ||
No |
21.4
|
187,038 | |||
Total Votes |
875,511 | ||||
|
|
2014
Retention
| Judge | Election Vote |
|---|---|
| Christine Durham | 77.8%  |
| Thomas Rex Lee | 75.5% |
| Matthew Durrant | 77.6% |
Appointments
2025
Utah Supreme Court Justice John A. Pearce is retiring on December 1, 2025.Cite error: Invalid <ref> tag; invalid names, e.g. too many Following the announcement of his retirement, Pearce stated he was going to return to private practice and continue teaching at the S.J. Quinney College of Law at the University of Utah.[6] Pearce's replacement will be Governor Cox's (R) third nominee to the five-member supreme court.
In Utah, state supreme court justices are selected through assisted appointment with a governor-controlled judicial nominating commission. Justices are appointed by the governor with the assistance of a commission with a majority of members selected by the governor. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
When a vacancy occurs on the court, the governor appoints a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[5]
2022
Justice Himonas vacancy
Utah Gov. Spencer Cox (R) appointed Diana Hagen to the Utah Supreme Court on March 29, 2022. She assumed office on May 18, 2022. Hagen succeeded Justice Deno Himonas, who retired on March 1, 2022, to return to private practice.[7][8] Hagen was Gov. Cox's first nominee to the five-member supreme court.
At the time of the vacancy, midterm vacancies were filled via assisted appointment. The governor would appoint a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah State Senate. New appointees would serve for at least three years, after which they would be required to run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[9]
Justice Lee vacancy
Utah Gov. Spencer Cox (R) appointed Jill Pohlman to the Utah Supreme Court on June 28, 2022. Pohlman succeeded Justice Thomas Lee, who retired on June 30, 2022, to explore other opportunities in the legal field. Lee was originally scheduled to retire on July 31, 2022.[10][11] Pohlman was Gov. Cox's second nominee to the five-member supreme court.
At the time of the vacancy, midterm vacancies were filled via assisted appointment. The governor would appoint a replacement from a list of seven names recommended by a nominating commission. The nominee then must attain approval from the Utah State Senate. New appointees would serve for at least three years, after which they would be required to run in a yes-no retention election. If retained, supreme court justices serve subsequent terms of ten years.[9]
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[12] As of September 2024, data more recent than 2020 was not available online.
| Utah Supreme Court caseload data | ||
|---|---|---|
| Year | Filings | Dispositions |
| 2020 | 566 | 219 |
| 2019 | 565 | 226 |
| 2018 | 563 | 212 |
| 2017 | 557 | 202 |
| 2016 | 585 | 220 |
| 2015 | 608 | 231 |
| 2014 | 626 | 232 |
| 2013 | 595 | 660 |
| 2012 | 600 | 676 |
| 2011 | 619 | 660 |
| 2010 | 620 | 662 |
| 2009 | 593 | 679 |
| 2008 | 569 | 640 |
| 2007 | 564 | 630 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 5
- Number of cases: 70
- Percentage of cases with a unanimous ruling: 87.1%% (61)
- Justice most often writing the majority opinion: Justices Lee and Durrant (17)
- Per curiam decisions: 1
- Concurring opinions: 5
- Justice with most concurring opinions: Justice Lee (3)
- Dissenting opinions: 9
- Justice with most dissenting opinions: Justice Lee (5)
For the study's full set of findings in Utah, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[13]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[14]
Utah had a Court Balance Score of 5.2, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Utah was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Utah received a score of 0.45. Based on the justices selected, Utah was the 10th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[15]
Ethics
The Utah Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Utah. It is composed of four canons:
- Canon 1: "A Judge Shall Uphold and Promote the Independence, Integrity, and Impartiality of the Judiciary and Shall Avoid Impropriety and the Appearance of Impropriety."
- Canon 2: "A Judge Shall Perform the Duties of Judicial Office Impartially, Competently, and Diligently."
- Canon 3: "A Judge Shall Conduct the Judge’s Extrajudicial Activities to Minimize the Risk of Conflict with the Obligations of Judicial Office."
- Canon 4: "A Judge or Candidate for Judicial Office Shall not Engage in Political or Campaign Activity that is Inconsistent with the Independence , Integrity, or Impartiality of the Judiciary."[16]
The full text of the Utah Code of Judicial Conduct can be found here.
Removal of judges
Judges in Utah may be removed in one of two ways:
- By the judicial conduct commission; the supreme court may review the commission's decisions
- By a two-thirds vote of the senate, upon impeachment by a two-thirds vote of the house of representatives[17]
Financial disclosure
In December 2013, the Center for Public Integrity (CPI) released a study on disclosure requirements for state supreme court judges. According to their website, CPI's purpose is "[t]o serve democracy by revealing abuses of power, corruption and betrayal of public trust by powerful public and private institutions, using the tools of investigative journalism."[18] Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the previous three years. The study gave 42 states and Washington, D.C., failing grades. Utah earned a grade of F in the study. No state received a grade higher than "C." The study also reported 35 instances of questionable gifts, investments overlapping with caseloads, and similar potential ethical quandaries, along with 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation.[19]
History of the court
Before statehood, Utah was a territory known as the State of Deseret. Article IV of the Constitution of Deseret provided for a three member Supreme Court, with each member being elected to a term of four years by the General Assembly of the State of Deseret.[20] In 1850, Utah was admitted to the Union and the state's constitution provided for a supreme court with original jurisdiction over writs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus. In all other cases, the court had appellate jurisdiction; it was not a trial court. The court continued to consist of three justices, but they were elected to serve staggered terms of six years each. According to the constitution, after 1905, the court could be expanded to include four justices. The clerk of the supreme court also served as the librarian of the state law library. The court was to hold a minimum of three sessions each year, and the clerk had the power to adjourn the court if all the justices were absent.[20]
Notable firsts
- Appointed in 1982, Christine M. Durham was the first female justice to be appointed to the Utah Supreme Court. She was also the longest serving chief justice and served in that position for exactly ten years. She stepped down as chief justice in 2012 but continued to serve as a justice on the court until her retirement in 2017.[21]
Courts in Utah
- See also: Courts in Utah
In Utah, there is one federal district court, a state supreme court, and trial courts of general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Utah's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Partisan control of Utah state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government.
Utah has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.
See also
External links
- Utah Courts, "Supreme Court Justices"
- Official website of the Utah Supreme Court
- History of the Utah Supreme Court
- Utah Courts, "Opinions of the court"
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ Utah Courts, "Supreme Court," accessed August 20, 2021
- ↑ Utah.gov, "Utah Constitution," accessed March 30, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ 5.0 5.1 5.2 5.3 5.4 American Judicature Society, "Methods of Judicial Selection," accessed August 20, 2021
- ↑ Utah State Bar, "Associate Chief Justice John A. Pearce Announces Departure from Utah Supreme Court," June 3, 2025
- ↑ The Salt Lake Tribune, "Utah Supreme Court Justice Deno Himonas retires, plans return to private sector," accessed March 1, 2022
- ↑ 2KUTV, "Gov. Cox announces appointee to Utah Supreme Court," March 29, 2022
- ↑ 9.0 9.1 American Judicature Society, "Methods of Judicial Selection," accessed August 20, 2021
- ↑ KSL.com, "Thomas Lee retires from Utah's Supreme Court, but still has big plans," July 3, 2022
- ↑ Office of Gov. Spencer J. Cox, "WATCH: GOV. SPENCER J. COX APPOINTS JUDGE JILL M. POHLMAN TO UTAH SUPREME COURT," June 28, 2022
- ↑ Utah Courts, "Annual Reports," accessed September 22, 2019
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ , "Code of Judicial Conduct Annotated," accessed August 20, 2025
- ↑ American Judicature Society, "Methods of Judicial Selection: Utah, Removal of Judges," accessed August 12, 2015
- ↑ Center for Public Integrity, "About The Center for Public Integrity," accessed March 2, 2018
- ↑ Center for Public Integrity, "State supreme court judges reveal scant financial information," December 5, 2013
- ↑ 20.0 20.1 Utah Department of Administrative Services, Archives, "Agency Histories, Supreme Court, Agency History #868," accessed August 23, 2013
- ↑ The Salt Lake Tribune, "Durham to step down as chief justice of Utah Supreme Court," January 23, 2012, accessed August 22, 2012
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Utah • U.S. Bankruptcy Court: District of Utah
State courts:
Utah Supreme Court • Utah Court of Appeals • Utah District Courts • Utah Juvenile Courts • Utah Justice Courts
State resources:
Courts in Utah • Utah judicial elections • Judicial selection in Utah
| |||
|---|---|---|---|
| Current judges | Matthew Durrant, Diana Hagen, John A. Pearce, Paige Petersen, Jill Pohlman | ||
| Former judges | Christine Durham, Deno Himonas, Thomas Rex Lee, Ronald E. Nehring | ||
| ||||||||
