Utah
Utah’s highest court is the Utah Supreme Court. The court has three justices, one associate chief justice, and one chief justice, who is chosen by majority vote of the members of the court for four-year terms. (Source: Utah Constitution)
Judicial Selection
The governor nominates a Utah Supreme Court justice from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. After at least three years on the court, a justice may stand for a 10-year term in an unopposed yes/no retention vote at the time of Utah’s next general election. Justices may seek additional terms in the same retention process. To fill an interim vacancy, the governor nominates a candidate from a list provided by a judicial nominating commission. The nominee must be confirmed by a majority of the state senate. There are no term limits. The mandatory retirement age is 75.
State Constitution
Utah’s first and only state constitution was adopted in 1895. As of January 1, 2022, it had 129 amendments. (Source: Council of State Governments)
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Back-to-School Scholarship Roundup: State Courts, Constitutional Law, and Federalism
Recent books and law review articles discuss voter disenfranchisement, separation of church and state, and much more.
What Happens if the U.S. Supreme Court Guts the Voting Rights Act?
State provisions could help fill a voting rights gap, but they are a poor substitute for a strong federal standard.
American Indians and Indigenous Peoples in State Constitutions
In the shadow of federal law, some state constitutions address American Indian land, taxation, gaming permissions, voting rights, cultural protection, and governance.
A New Tool Makes Comparing State Constitutions Easier
Scholars, practitioners, and judges can quickly see how constitutional provisions differ or overlap with a resource from the nonprofit American Juris Link.
Universal Injunctions in State Courts
Debates over whether a judge in a single county can issue a statewide injunction are brewing. States should not follow the U.S. Supreme Court’s approach.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
The History of Same-Sex Marriage in the United States, and What Might Come Next
Until the Supreme Court legalized same-sex marriage in 2015, the country was a patchwork of laws regarding who could marry.