Utah Governor Adds Justices Ahead of Redistricting Appeal

Utah Governor Spencer Cox signed legislation on Saturday that expands the Utah State Supreme Court from five to seven justices. The move comes amid Republican frustration with recent court decisions.

Court Expansion and Immediate Effect

The bill increasing the number of Supreme Court justices received approval from more than two-thirds of the state’s legislators, allowing it to take effect immediately upon the governor’s signature. Utah governors appoint justices, with approval from the state Senate; other states typically elect their justices. Cox stated the expansion would align Utah with other states of similar size and denied any political motivation, noting recent appointments have been made by Republican governors and senators. He will appoint five of the seven justices following the additions.

Recent Legislative Actions and Redistricting Ruling

Prior to the expansion, Republican lawmakers shifted the authority to select the court’s chief justice from the justices themselves to the governor. The timing of the Supreme Court expansion has drawn scrutiny from Democrats, particularly following a recent court ruling that gave Democrats a stronger chance of gaining a congressional seat in the fall elections. New justices could potentially participate in decisions regarding the congressional map.

Arguments for and Against the Expansion

Supporters of the expansion, including House Majority Leader Casey Snider, argued that a larger court would improve efficiency by providing more perspectives on complex issues. However, former Associate Chief Justice John Pearce expressed doubt that the change would expedite the court’s work, suggesting it could lengthen the decision-making process.

Experiences in Other States

Arizona and Georgia expanded their Supreme Courts in the past decade with similar arguments regarding efficiency. Following Arizona’s expansion in 2016, some justices reported decreased efficiency due to increased review processes. Arizona’s court now issues slightly more rulings annually, while Georgia’s issues slightly fewer.

Judicial Concerns and Proposed Legislation

Utah Chief Justice Matthew Durrant previously told legislators that the court had “essentially no backlog” and advocated for adding judges to lower courts. While the bill included provisions for additional lower court judges and clerks, the Utah State Bar has voiced concerns about the Supreme Court expansion and other proposals that could weaken judicial independence. One such proposal would create a new trial court with exclusive jurisdiction over constitutional challenges, potentially limiting the ability to block unconstitutional laws.

Gerrymandering Initiative

Republicans are also pursuing a ballot initiative to restore the ability to draw voting districts that favor a particular political party, a practice known as gerrymandering, which would appear on the November ballot.