A new version of a bill Gov. Spencer Cox vetoed is slated to be considered in a special legislative session and would force him to pick a Utah Supreme Court chief justice.
(Trent Nelson | The Salt Lake Tribune) Utah Supreme Court Chief Justice Matthew B. Durrant speaks at the Utah Capitol in Salt Lake City on Tuesday, Jan. 21, 2025.
Republican lawmakers and Gov. Spencer Cox are poised to give Cox the power to appoint the chief justice of the Utah Supreme Court — a measure Cox vetoed earlier this year.
Less than four months later, however, the sponsor of the bill, Senate Majority Whip Chris Wilson, R-Logan, says that after negotiations with Cox’s office, the governor is “completely on board” with the new version and he expects it to pass during a special session that is tentatively scheduled for Sept. 15.
Wilson’s new proposal would allow the governor to pick a chief justice who would need to be confirmed by the Senate and then would serve one eight-year term. The previous version vetoed by Cox would have seen the chief justice renominated and reconfirmed every four years, which, Cox said, would have let the governor and the Legislature exert too much influence on the court.
“I admit it is very tempting to sign this bill and assure that the Chief Justice would need to stay in my good graces to retain his or her position,” Cox wrote in his March veto letter. “Knowing the head magistrate of our state’s highest court would have to think twice before ruling against me or checking my power is difficult to reject. But just because I can, doesn’t mean I should.”
Currently, the chief justice is chosen by the five sitting Supreme Court justices every four years, and there is no limit on how long he or she can hold the position. Chief Justice Matthew Durrant has held the position since 2012, and his term expires in 2028.
“He’s fully on board with this bill,” Wilson said of the governor’s stance.
A spokesperson for Cox was less committal, saying in a text message Wednesday that, “The governor was opposed to the original bill and we understand the legislature is working to address his concerns.”
(Trent Nelson | The Salt Lake Tribune) Sen. Chris Wilson, R-Logan, Senate Transportation, Public Utilities, Energy and Technology Committee at the Utah Capitol in Salt Lake City on Thursday, Jan. 23, 2025.
When Wilson pushed the bill during the legislative session, it was seen as part of a broader effort to clamp down on the judiciary after justices issued a series of decisions blocking laws that had been passed by the Republican supermajority.
They blocked a law that outlawed almost all abortions, limited the Legislature’s power to undo citizen-passed ballot initiatives and voided a proposed constitutional amendment that sought to undo the initiative ruling.
When Wilson’s bill was considered earlier this year, Durrant and Justice Paige Petersen were critical of the proposal, particularly the portion that would have required the chief justice to be reconfirmed every four years.
“That element [of the bill] is an attempt to exert influence and control over the chief justice,” Durrant said during a meeting of the Utah Judicial Council, the body that sets policy for the courts. “Now the chief justice is going to start thinking about the next confirmation hearing.”
Petersen said it was among the bills “trying to take judicial independence … and put it under legislative control” and that she would prefer they “kill this silly bill.”
“There’s absolutely no reason for you to be meddling in how we pick the chief justice,” she said. “You can. But it’s not broken. It’s working well, so don’t do it.”
A spokesperson for Utah Courts said Wednesday that the courts had no comment on Wilson’s legislation.
Wilson said there is “always friction” between the branches of government, but the bill is needed for “a number of reasons.”
“Number one, we have one of the lowest performing courts in the country,” he said. “I think this will be helpful to take those political considerations away from the justices and to have the governor and Senate approve, and we think that will improve productivity.”
On the final night of the legislative session, Cox told The Salt Lake Tribune in an interview that, “I have no interest in appointing the chief justice. I didn’t ask for it. It was not something I wanted.”