Utah Supreme Court

{{short description|Highest court in the U.S. state of Utah}}

{{Use mdy dates|date=February 2025}}

{{Infobox high court

|court_name = Utah Supreme Court

|image = Mathesoncourthouse.jpg

|imagesize = 240px

|caption = Scott M. Matheson Courthouse

|established = 1894

|jurisdiction = Utah

|location = Salt Lake City

|type = Executive appointment with legislative confirmation and retention elections

|authority = Utah State Constitution

|appealsto = Supreme Court of the United States

|terms =

|positions = 5

|website = [http://www.utcourts.gov/courts/sup/ Official site]

|chiefjudgetitle = Chief Justice

|chiefjudgename = Matthew B. Durrant

|termstart = March 26, 2012

|termend =

|termend2 = January 5, 2025

}}

The Utah Supreme Court is the supreme court of the state of Utah, United States. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three other justices. All justices are appointed by the governor of Utah, with confirmation by the Utah Senate. The five justices elect one of their own to serve as chief justice and another to serve as associate chief justice, each for a term of four years.

History

Before present-day Utah became a state, it was organized into a provisional state, called the State of Deseret.{{Citation | last = Stewart | first = D. Michael | title = Utah History Encyclopedia | publisher = University of Utah Press | year = 1994 | chapter = The Legal History of Utah | chapter-url = https://www.uen.org/utah_history_encyclopedia/l/LEGAL_HISTORY.shtml | url = https://www.uen.org/utah_history_encyclopedia/ | archive-url = https://web.archive.org/web/20221103115840/https://www.uen.org/utah_history_encyclopedia/l/LEGAL_HISTORY.shtml | archive-date = November 3, 2022 | isbn =9780874804256 | access-date = June 20, 2024}} Its constitution established a three-member supreme court.{{cite web|title=History of the Utah Supreme Court|url=https://archives.utah.gov/research/agencyhistories/868.html|access-date=2020-12-24|website=Utah State Archives and Records Service|language=en-US}} In 1850, the United States Congress passed "An Act to Establish a Territorial Government for Utah", Section 9 of which provided that "the judicial power of said territory shall be vested in a Supreme Court, District Court, and Justices of the Peace".9 Stat. 453 (September 9, 1850). This act converted Deseret's supreme court into a territorial supreme court with expanded jurisdiction.

In 1894, the United States Congress passed an Enabling Act, which called a convention to draft a constitution for Utah, another step towards statehood. The Enabling Act provided that Utah's territorial courts would be succeeded by new state courts with the same structure and jurisdiction. When Utah became a state on January 4, 1896, its constitution took effect, and Utah's territorial supreme court was replaced by a new state supreme court. The constitution provided that the court would have three members, but that the Utah Legislature could expand its membership to five after 1905, an option it ultimately exercised.{{Cite book|title=Utah State Constitution, Article VIII, Section 2}}

In 1998, the Utah Supreme Court moved into its current courthouse, named for Governor Scott M. Matheson. The multimillion-dollar building was nicknamed the "Taj Mahal" by some critics over its cost.{{Cite news|url=https://www.deseretnews.com/article/547545/BAR-MAY-ANTE-UP-TO-ENHANCE-COURTHOUSE.html|title=BAR MAY ANTE UP TO ENHANCE COURTHOUSE|date=1997-03-08|work=DeseretNews.com|access-date=2017-11-01|language=en|archive-date=2017-11-07|archive-url=https://web.archive.org/web/20171107022232/https://www.deseretnews.com/article/547545/BAR-MAY-ANTE-UP-TO-ENHANCE-COURTHOUSE.html|url-status=dead}} Prior to that, the court met in the Utah State Capitol.{{cite news|newspaper=Deseret News|last=Reavy|first=Pat|url=http://www.deseretnews.com/article/700040414/Security-scarce-at-courthouse-when-Ronnie-Lee-Gardner-murdered-attorney.html?pg=2|title=Security scarce at courthouse when Ronnie Lee Gardner murdered attorney|page=2|access-date=2010-10-02|date=2010-06-15|archive-date=2012-10-22|archive-url=https://web.archive.org/web/20121022081647/http://www.deseretnews.com/article/700040414/Security-scarce-at-courthouse-when-Ronnie-Lee-Gardner-murdered-attorney.html?pg=2|url-status=dead}}

Supreme Court justices

{{further|List of justices of the Utah Supreme Court}}

The Governor of Utah nominates justices from a list created by a judicial nominating commission each time a vacancy arises. The nominee must then be confirmed by a majority of the Utah Senate to take office.{{cite web|date=2020|title=Utah Constitution: Article VIII, Section 8|url=https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_8.html|url-status=live|archive-url=https://web.archive.org/web/20201207081709/https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_8.html|archive-date=December 7, 2020|access-date=December 13, 2020|website=Utah State Legislature}} If confirmed, the justice is subjected to a nonpartisan, "unopposed retention election at the first general election held more than three years after appointment" and every ten years thereafter.{{cite web|date=2020|title=Utah Constitution: Article VIII, Section 9|url=https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_9.html|url-status=live|archive-url=https://web.archive.org/web/20200125143738/https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_9.html|archive-date=January 25, 2020|access-date=December 13, 2020|website=Utah State Legislature}}

class="wikitable sortable"
Justice

! Born

! Joined

! Term ends

! Appointed by

! Law school

{{sortname|Matthew B.|Durrant}}, Chief Justice

| {{birth year and age|1957}}

| {{dts|2000|02|08}}{{efn|Originally appointed as an Associate Justice. Took office as Chief Justice on April 1, 2012.}}

| {{dts|2035|01|01}}

| {{Party shading/Republican}}|Mike Leavitt (R)

| Harvard

{{sortname|John A.|Pearce}}

| {{birth date and age|1969|6|6}}

| {{dts|2016|01|29}}

| {{dts|2031|01|06}}

| {{Party shading/Republican}}|Gary Herbert (R)

| UC Berkeley

{{sortname|Paige|Petersen}}

| {{birth year and age|1972}}

| {{dts|2018|01|19}}

| {{dts|2033|01|03}}

| {{Party shading/Republican}}|Gary Herbert (R)

| Yale

{{sortname|Diana|Hagen}}

| {{birth year and age|1973}}

| {{dts|2022|05|18}}

| {{dts|2027|01|04}}

| {{Party shading/Republican}}|Spencer Cox (R)

| Utah

{{sortname|Jill|Pohlman}}

| align="center" | {{sort|0|–}}

| {{dts|2022|08|17}}

| {{dts|2027|01|04}}

| {{Party shading/Republican}}|Spencer Cox (R)

| Utah

{{notelist}}

References

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