Utah GOP urges voters to unseat state Supreme Court justices
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As Republican leaders seek to oust certain state Supreme Court justices in this year's midterm elections, the Utah State Bar is encouraging voters to rely on the judges' independent reviews.
Why it matters: Tensions between the state's judiciary and its Republican-controlled executive and legislative branches have reached a high point following a series of rulings Republicans view as unfavorable.
- The latest flashpoint is the outcome of a high-profile redistricting case resulting in a court-ordered congressional map that created a Democratic-leaning U.S. House seat.
Driving the news: At last weekend's GOP state convention, chair Robert Axson urged attendees to vote against Justices Diana Hagen and Jill Pohlman, who are both facing retention elections this fall.
- Each joined the high court's unanimous 2024 ruling that state lawmakers can't ignore a ballot initiative approved by voters in 2018 that would form an independent redistricting commission, sending the case back to a lower court.
What they're saying: "Judges are not elected through partisan campaigns. They are chosen through a rigorous process that includes application, screening, and vetting for qualifications, experience, and temperament," Utah State Bar president Kim Cordova said in a statement Tuesday.
- Cordova noted that the Utah governor nominates judges from a vetted list, and that those appointees must be confirmed by the state Senate.
How it works: The Judicial Performance Evaluation Commission, formed in 2008 by state legislators, evaluates appointed judges who are up for retention through a "blind" process and recommends whether to retain them.
- Survey respondents rate justices on a five-point scale, assessing legal ability, integrity, judicial temperament and procedural fairness. The public can view those percentage scores online.
What we're watching: Utah Gov. Spencer Cox, Senate President Stuart Adams and House Speaker Mike Schultz announced earlier this month that they are independently investigating a complaint filed last year alleging a conflict of interest between Hagen and an attorney who represented a plaintiff in the state's anti-gerrymandering lawsuit.
- The probe comes despite the fact that the Judicial Conduct Commission investigated the complaint and said it had "very little credibility," per the Salt Lake Tribune.