A new bill, SB 296, will grant the governor power to appoint the chief justice of the Utah Supreme Court. The controversial bill passed the Utah Senate with a 17-12 vote on February 21, and now moves to the House for voting.
Prior to the bill, Utah Supreme Court judges voted to appoint the chief justice. This change moves power from the judicial branch to the legislative and executive branches.
Many have publicly opposed the bill, including the Utah State Bar Commission. The commission believes the change could potentially disrupt the separation of powers.
“The Utah State Bar Commission understands that attorneys, regardless of political persuasion, care about the separation of powers in our government,” the commission shared in a statement. “The Bar is holding firm on its opposition to legislation that jeopardizes judicial independence enshrined in the state constitution.”
Senate Majority Whip Chris Wilson said the bill would prevent abuses of power and positively affect the judiciary.
“Involving the executive and legislative branches ensures that the system of checks and balances is utilized,” said Wilson. “The process helps preserve the fairness and impartiality of the judiciary.”
The Utah State Supreme Court was already taking fewer cases than in recent years, with a record low of 25 instead of a usual 71. This is the lowest number of cases in the country. The disruption of power may cause the court to publish even fewer opinions. Utah State Courts Director of Communications Tania Mashburn claims the smaller caseload is due to the complexity of new court cases.
Regardless of backlash from Utah judiciary groups, the bill currently waits for the 3rd house reading vote.
Author: Hannah Clove
Photo courtesy of Rick Bowmer
Editor: Anna Mower
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