Utah Supreme Court Explained

Court Name:Utah Supreme Court
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
Positions:5
Website:Official site
Chiefjudgetitle:Chief Justice
Chiefjudgename:Matthew B. Durrant
Termstart:March 26, 2012
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. Its constitution established a three-member supreme court.[1] 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".[2] 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.[3]

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.[4] Prior to that, the court met in the Utah State Capitol.[5]

Supreme Court justices

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.[6] 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.[7]

JusticeBornJoinedTerm endsAppointed byLaw school
, Chief Justice2024Mike Leavitt (R)Harvard
6 June 19692030Gary Herbert (R)UC Berkeley
2032Gary Herbert (R)Yale
2026Spencer Cox (R)Utah
2026Spencer Cox (R)Utah

External links

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Notes and References

  1. Web site: History of the Utah Supreme Court. 2020-12-24. Utah State Archives and Records Service. en-US.
  2. 9 Stat. 453 (September 9, 1850).
  3. Book: Utah State Constitution, Article VIII, Section 2.
  4. News: BAR MAY ANTE UP TO ENHANCE COURTHOUSE. 1997-03-08. DeseretNews.com. 2017-11-01. en. 2017-11-07. https://web.archive.org/web/20171107022232/https://www.deseretnews.com/article/547545/BAR-MAY-ANTE-UP-TO-ENHANCE-COURTHOUSE.html. live.
  5. News: Deseret News. Reavy. Pat. Security scarce at courthouse when Ronnie Lee Gardner murdered attorney. 2. 2010-10-02. 2010-06-15. 2012-10-22. 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. live.
  6. Web site: 2020. Utah Constitution: Article VIII, Section 8. live. https://web.archive.org/web/20201207081709/https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_8.html. December 7, 2020. December 13, 2020. Utah State Legislature.
  7. Web site: 2020. Utah Constitution: Article VIII, Section 9. live. https://web.archive.org/web/20200125143738/https://le.utah.gov/xcode/ArticleVIII/Article_VIII,_Section_9.html. January 25, 2020. December 13, 2020. Utah State Legislature.