Utah’s legislative and judicial branches are locked in a bitter fight in the waning days of the session. Now, the Chief Justice of the Utah Supreme Court is weighing in.
In a letter to Speaker of the House Mike Schultz and Senate President Stuart Adams, Chief Justice Matthew B. Durrant expressed significant concerns about one of the nine bills lawmakers have on the table.
HB512 would create a committee of lawmakers to review the performance of judges and recommend whether voters should retain them for another term. Those recommendations would appear on election ballots.
“HB512 introduces partisan politics directly into the work of the Judiciary,” Durrant’s letter read. “This unprecedented approach is not only dangerous but also detrimental to the public’s trust in a fair and impartial judicial system and ultimately harmful to the citizens.”
A system for reviewing performance already exists in the form of the Judicial Performance Evaluation Commission, which publishes evaluations of all the state’s judges.
In a Feb. 24 House Judiciary Committee hearing, bill sponsor Republican Rep. Karianne Lisonbee expressed concerns about the commission's standards and effectiveness.
“JPEC may do a great job, but the voters are not seeing it and they are not feeling it,” she said. “It is not something the voters are relying on.”
However, during the 2024 election, the commission did publicly state that it saw a surge in web traffic when mail-in ballots started to arrive.
Chief Justice Durrant said any recommendations by a new legislative committee would always appear partisan, regardless of the intent of individual members or lawmakers.
“The possibility of a negative recommendation from the committee will be viewed by the public as an incentive for judges to make politically palatable decisions rather than decisions that are required by the law,” he wrote.
Durrant’s letter is part of a larger movement to oppose a slate of measures to change the judiciary this session.
The Judicial Performance Evaluation Commission (JPEC) is doing the work it's intended to do. JPEC does a great job & if the legislature wants it to look at other possible metrics it should work with JPEC to get the info it wants voters to have. Details at https://t.co/R3jPrgcQFC pic.twitter.com/Q1Ekx3FBHX
— Utah State Bar (@UtahStateBar) February 27, 2025
In addition to a letter signed by more than 900 attorneys, dozens of lawyers rallied at the capitol on Feb. 26. The Utah State Bar Association has also listed seven bills it formally opposes. And at a Utah Judicial Council meeting on Feb. 24, Supreme Court Justice Paige Petersen called the Legislature’s actions “retribution” for court rulings that have not been in their favor.
“It’s obviously retribution and I’m not sure why we’re not saying that,” she said.
Durrant is the head of the Judicial Council and said while the council opposes the bill, it is ready to work with the Legislature on changes.
Senate President Stuart Adams indicated this week that could still be on the table.
“We'd welcome any input, and we're still open to input.”
They’ll have to act fast. The 2025 Utah Legislative session ends March 7.
KUER Politics Reporter Sean Higgins contributed to this report.
