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
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.
State Politicians Broaden Attacks on Direct Democracy
Multiple state legislatures have taken steps to make it more difficult for citizens to amend their laws.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.