Listen to the article
Utah’s Chief Justice Warns Lawmakers Against Court Expansion Amid Judicial Tensions
The chief justice of Utah’s Supreme Court issued a stark warning to state lawmakers on Tuesday as Republicans pushed forward with a controversial plan to expand the court from five to seven justices during the legislature’s annual 45-day session.
In his yearly address to lawmakers, Chief Justice Matthew Durrant urged restraint, saying, “I ask that your disappointment with a few results not lead to penalties for an entire branch of government and, by extension, penalties for your constituents.”
The expansion proposal comes amid growing tension between Utah’s judicial and legislative branches. In recent months, state courts have handed Republican lawmakers several significant defeats on key conservative priorities, including abortion restrictions, transgender athlete regulations, and the legislature’s authority to alter voter-approved initiatives. The legislature is also preparing to appeal a redistricting ruling that significantly improved Democratic chances of capturing one of Utah’s four Republican-held congressional seats in this fall’s midterm elections.
Republican legislative leaders and Governor Spencer Cox have framed the proposed expansion as an efficiency measure that would help the court process cases more quickly. Cox has included nearly $2.8 million in his proposed state budget to fund the two additional Supreme Court positions and has argued the expansion would align Utah’s court structure with states of similar size.
“If we’re really concerned about the efficiency of the judiciary, there are places where money would be much better spent than at the Supreme Court,” countered John Pearce, who recently retired as an associate chief justice on Utah’s high court. “If what the Legislature is hoping to do is get opinions out more quickly, adding justices will slow that process down.”
Legal experts point to Arizona’s experience after expanding its Supreme Court from five to seven justices in 2016. Several past and present Arizona justices later reported that the expansion actually decreased efficiency as more judges needed to review opinions before they could be finalized.
“Another few cooks in the kitchen doesn’t necessarily get the cake baked any quicker,” said Chris Peterson, a law professor at the University of Utah. He suggested a more effective approach would be adding judicial clerks to help current justices work more efficiently.
Most states maintain five or seven-member high courts, with a few utilizing nine-justice panels. In Utah’s system, Supreme Court justices are appointed by the governor and confirmed by the state Senate, unlike many other states where justices face partisan elections with political party designations on ballots.
The expansion proposal follows other recent moves by Utah Republicans to exert greater control over the judiciary. During a December special session, lawmakers voted to strip the court of its authority to select its own chief justice, transferring that power to the governor. The same session saw legislators pass a resolution condemning the courts over the redistricting ruling, with one lawmaker even calling for a judge’s impeachment.
While Governor Cox has denied political motivations behind the expansion, noting that Republican governors and senators have made all recent appointments to the court, legal experts remain concerned about the precedent.
“The fear is that if powerful political interests don’t get their way, they can simply add new justices to a state or even the federal Supreme Court to try to overturn decisions,” Peterson warned. “It can escalate and undermine trust in our government.”
Chief Justice Durrant acknowledged the legislature’s authority to expand the court but urged lawmakers to instead prioritize adding judges to lower courts, where caseload pressures are more severe. A separate proposal would increase the number of judges in Utah’s district court, juvenile court, and Court of Appeals.
The court expansion debate highlights growing tensions between judicial independence and legislative authority in Utah, reflecting similar conflicts playing out in statehouses nationwide as courts increasingly find themselves ruling on politically charged issues.
Fact Checker
Verify the accuracy of this article using The Disinformation Commission analysis and real-time sources.
10 Comments
This seems like a concerning attempt by Utah Republicans to expand the state Supreme Court and potentially pack it with sympathetic judges. The chief justice’s warning about preserving judicial independence and avoiding ‘penalties’ for the entire branch is a sobering note.
I agree, the separation of powers is a vital principle in a healthy democracy. It will be important to closely monitor this situation and ensure the court’s integrity is maintained.
This situation in Utah raises serious concerns about the integrity of the state’s judicial system. Efforts to expand the Supreme Court in order to override unfavorable rulings are a clear threat to judicial independence.
Absolutely right. The chief justice is right to issue this warning – any erosion of the courts’ ability to function as an impartial arbiter is a grave threat to democracy.
The chief justice’s warning highlights the growing tensions between Utah’s legislative and judicial branches. Attempts to expand the Supreme Court in response to unfavorable rulings is a dangerous path that could undermine the rule of law.
Agreed, the separation of powers is a vital check on government overreach. Voters should be very wary of any efforts to tip the scales of justice for political gain.
The chief justice’s statement is a strong rebuke of the Republican-led efforts to expand the Utah Supreme Court. Clearly there are major tensions between the legislative and judicial branches that need to be resolved through proper constitutional channels, not partisan power grabs.
Agreed, the preservation of an independent judiciary is essential. Voters in Utah should pay close attention to how their lawmakers handle this situation and hold them accountable.
It’s troubling to see Republican lawmakers in Utah apparently trying to retaliate against the courts for rulings they disagree with. Expanding the Supreme Court to tip the balance in their favor would be a concerning assault on judicial independence.
Absolutely, the chief justice is right to sound the alarm. Any attempts to undermine the independence and impartiality of the courts should be firmly resisted.