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Utah Supreme Court justice vacancy (March 2022)

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Utah Supreme Court
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Himonas vacancy
Date:
March 1 ,2022
Status:
Seat filled
Nomination
Nominee:
Diana Hagen
Date:
March 29, 2022

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.[1][2] 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.[3]

Ballotpedia has compiled the following resources on the process to fill the Utah Supreme Court vacancy:

The appointee

See also: Diana Hagen
DianaHagen.jpg

At the time of her appointment to the Utah Supreme Court, Hagen was a judge on the Utah Court of Appeals. She joined that court in 2017 after being appointed by Governor Gary Herbert (R) in 2017.[4] Before that, Hagen worked in the U.S. Attorney's Office for the District of Utah from 2001 to 2017. She received her bachelor's degree from the University of Utah and her J.D. from the University of Utah S.J. Quinney College of Law.[5]

Appointee candidates and nominations

Ballotpedia will post information on candidates and prospective appointees as information becomes available. If you know of information that should be included here, please email us.

Finalists

The Appellate Judicial Nominating Commission recommended seven finalists to Gov. Cox:[6]

The selection process

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.[7]

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.[7]

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.[7]

Vacancies

See also: How vacancies are filled in state supreme courts

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.[7]

The map below highlights how vacancies are filled in state supreme courts across the country.



Makeup of the court

See also: Utah Supreme Court

Justices

Following Himonas' retirement, the Utah Supreme Court included the following members:

John A. Pearce Appointed by Gov. Gary R. Herbert (R) in 2015
Thomas Rex Lee Appointed by Gov. Gary R. Herbert (R) in 2010
Matthew Durrant Appointed by Gov. Michael Leavitt (R) in 2000
Paige Petersen Appointed by Gov. Gary R. Herbert (R) in 2017

About the court

Utah Supreme Court
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Court Information
Justices: 5
Founded: 1894
Location: Salt Lake City
Salary
Associates: $241,200[8]
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.

About Justice Himonas

See also: Deno Himonas
Deno Himonas.jpg

Justice Deno Himonas joined the Utah Supreme Court in 2014. He was appointed to the court by Governor Gary R. Herbert (R).

Before serving on the state supreme court, Himonas served as a judge on the Third Judicial District Court by Governor Olene Walker (R) in June 2004 and served on the court until his confirmation to the state supreme in February 2015. Prior to his judicial service, his career experience included working as a litigator with the law firm of Jones, Waldo, Holbrook & McDonough[9]

Himonas earned an undergraduate degree from the University of Utah in 1986 and his J.D. from the University of Chicago in 1989.[9]

Other state supreme court appointments in 2022

See also: State supreme court vacancies, 2022

The following table lists vacancies on state supreme courts that opened in 2022. Click the link under the Court column for a particular vacancy for more information on that vacancy.

Click here for vacancies that opened in 2021.

2022 judicial vacancies filled by appointment
Court Date of Vacancy Justice Reason Date Vacancy Filled Successor
Wyoming Supreme Court January 16, 2022 Michael K. Davis Retirement December 2, 2021 John G. Fenn
Virginia Supreme Court February 1, 2022 Donald Lemons Retirement June 17, 2022 Wesley G. Russell Jr.
Supreme Court of Appeals of West Virginia February 6, 2022 Evan Jenkins Retirement February 7, 2022 Alan D. Moats (temporary)
C. Haley Bunn (permanent)
New Jersey Supreme Court February 15, 2022 Faustino J. Fernandez-Vina Retirement September 14, 2022 Douglas M. Fasciale
Maryland Court of Appeals February 23, 2022 Robert N. McDonald Retirement February 17, 2022 Angela M. Eaves
Utah Supreme Court March 2, 2022 Deno Himonas Retirement May 18, 2022 Diana Hagen
Maine Supreme Judicial Court March 7, 2022 Thomas Humphrey Retirement February 1, 2023 Wayne R. Douglas
Maine Supreme Judicial Court March 18, 2022 Ellen Gorman Retirement March 7, 2022 Rick E. Lawrence
Virginia Supreme Court March 31, 2022 William Mims Retirement June 17, 2022 Thomas P. Mann
Maryland Court of Appeals April 14, 2022 Joseph Getty Retirement February 17, 2022 Matthew Fader
Utah Supreme Court June 30, 2022 Thomas Rex Lee Retirement June 28, 2022 Jill Pohlman
Illinois Supreme Court July 7, 2022 Rita Garman Retirement May 10, 2022 Lisa Holder White
New Jersey Supreme Court July 7, 2022 Barry Albin Retirement May 13, 2023 Michael Noriega
Iowa Supreme Court July 13, 2022 Brent Appel Retirement July 27, 2022 David May
Georgia Supreme Court July 17, 2022 David Nahmias Retirement February 14, 2022 Andrew Pinson
Florida Supreme Court August 31, 2022 Alan Lawson Retirement August 5, 2022 Renatha Francis
New York Court of Appeals August 31, 2022 Janet DiFiore Retirement April 10, 2023 Rowan Wilson
Indiana Supreme Court August 31, 2022 Steven David (Indiana) Retirement June 10, 2022 Derek Molter
Nevada Supreme Court September 29, 2022 Abbi Silver Retirement November 21, 2022 Patricia Lee
Pennsylvania Supreme Court September 30, 2022 Max Baer Death November 7, 2023 Daniel D. McCaffery
Illinois Supreme Court November 30, 2022 Anne M. Burke Retirement September 12, 2022 Joy Cunningham
Michigan Supreme Court November 30, 2022 Bridget Mary McCormack Retirement January 1, 2023 Kyra Harris Bolden
Oregon Supreme Court December 31, 2022 Thomas Balmer Retirement December 28, 2022 Stephen K. Bushong
Oregon Supreme Court December 31, 2022 Martha Walters Retirement December 28, 2022 Bronson James
South Carolina Supreme Court December 31, 2022 Kaye Hearn Retirement February 8, 2023 D. Garrison Hill


See also

Utah Judicial Selection More Courts
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Courts in Utah
Utah Court of Appeals
Utah Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Utah
Federal courts
State courts
Local courts

External links

Footnotes