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
When Does the U.S. Supreme Court Review State 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.
Religious Freedom Claims Could Provide New Path to Protect Abortion Rights
Challenges to abortion bans by religious plaintiffs have had mixed results.
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
State Court Oral Arguments to Watch for in September
Issues on the dockets include climate change, redistricting, and lawsuits by victims of child sexual abuse.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.