Utah Supreme Court Undergoes Major Shift Amid Expansion and Political Disputes

On Friday, May 15, 2026, KUER reported that the Utah Supreme Court is poised for a significant transformation with the addition of three new justices. This change follows Justice Diana Hagen’s resignation in early May and the state legislature’s decision to expand the court by two seats earlier in the year.

The court already welcomed Justice John Nielsen in November 2025, after Justice John Pearce’s retirement, setting the stage for a court where a majority of justices will have served for less than a year.

Michael Milov-Cordoba, counsel at the Brennan Center for Justice, noted the unusual nature of such rapid turnover, considering that state supreme court justices typically serve around 13 years, with Utah justices averaging 15 years on the bench. He emphasized the importance of tenure due to the broad range of cases, from family law to constitutional matters, that these judges handle.

Louisa Heiny, a law professor at the University of Utah, acknowledged the value of experience but suggested that the backgrounds of future nominees could be more telling. She pointed out that judges from the Utah Court of Appeals or district courts would bring relevant experience to the Supreme Court.

Elizabeth Wright, Executive Director of the Utah State Bar, highlighted the importance of the working relationship among the justices, noting that court clerks can provide substantial support with research and writing.

This reshaping of the Utah Supreme Court occurs amid heightened tensions between the judiciary and the Legislature. Several rulings, particularly concerning redistricting and abortion, have led to friction, with lawmakers expressing their discontent.

In late 2025, the Legislature even passed a resolution condemning the Supreme Court and a district court for their redistricting decisions. Justice Hagen’s resignation added to the tension, following accusations of a conflict of interest related to the redistricting case, which she denied.

Milov-Cordoba described the changes as potentially politically motivated, suggesting a form of court packing, especially given the Legislature’s previous attempts to influence the courts. However, Governor Spencer Cox dismissed these concerns in November 2025, stating that Republican governors and senators have historically made the appointments.

Despite the changes, experts like Wright and Heiny caution against predicting how the new justices will rule. Wright expressed optimism that the judicial nomination process would yield strong candidates who would collaborate effectively. Heiny warned against making assumptions about case outcomes based solely on the court’s composition.

The application process for Justice Hagen’s replacement is currently open, with a deadline of June 12. The other two positions are expected to be filled later in the year. Governor Cox will select nominees from the applicant pool, and the state Senate will confirm them.