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)
Filters
Voters in California, Colorado, and Hawaii Signal Support for Marriage Equality
As federal same-sex marriage rights appear increasingly vulnerable, voters are removing discriminatory language from their state constitutions.
A Rallying Cry Against Lockstepping
When state supreme courts peg their constitutions to federal interpretations, they erode the rule of law, undermine federalism, and limit rights protection.
How Years of Legislative Maneuvering Shaped this Year’s Judicial Elections
The outcomes in races in Ohio and North Carolina will be determined in part by legislatures that altered election rules to benefit their allies.
State Justices Speak Out Against Originalism
State supreme courts are increasingly a venue for debate over history’s role in constitutional interpretation.
To Prevent Chaos and Confusion, Judges Must Prepare for Election Emergencies
In advance of the election, judges should educate themselves on election administration and develop emergency response procedures that will enable creation of effective remedies.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
All Law Students Should be Educated About State Constitutions
Law professors planning lessons for the new academic year should consider incorporating state constitutions into the first-year constitutional law course.
What Does Popular Sovereignty Really Mean?
Two new essays unpack recent state supreme court cases about the relationship between direct democracy and the power of state legislatures.