SALT LAKE CITY — Governor Spencer Cox has vetoed a bill he said gives the governor and the legislature too much power over the Utah Supreme Court.
In a letter made public on Tuesday, the governor vetoed Senate Bill 296. The bill would allow the governor to appoint the Chief Justice of the Utah Supreme Court. The Utah State Senate would then confirm that person.
"Supporters of the bill correctly point out that the Chief Justice of the U.S. Supreme Court is appointed by the President and confirmed by the Senate. If that were all the bill did, it is something I could support. However, this bill takes a very meaningful and problematic additional step: requiring the appointment process to occur every four years," Gov. Cox wrote to legislative leaders in the veto letter. "This means that, unlike the selection of the Chief Justice of the U.S. Supreme Court, the Chief Justice of the Utah Supreme Court would be required to go through a political appointment, a Senate confirmation committee, and full Senate confirmation processes every four years."
Gov. Cox argued in his veto letter that it gives governors too much power.
"I admit it is very tempting to sign this bill and assure that the Chief Justice would need to stay in my good graces to retain his or her position. Knowing the head magistrate of our state’s highest court would have to think twice before ruling against me or checking my power is difficult to reject," he wrote. "I also recognize that refusing power is not en vogue these days and may be seen as weakness. But just because I can, doesn’t mean I should. And while I appreciate your faith and trust in extending me this new authority, I must respectfully decline."
The Utah Supreme Court invoked the wrath of Capitol Hill over a series of rulings they made last year in response to laws the legislature passed. That led to a series of bills that took aim at the judiciary and significant pushback from members of the Utah Supreme Court, including Chief Justice Matthew Durrant. Ultimately, many of those bills were abandoned or did not advance.
In a statement to FOX 13 News, the Administrative Office of the Courts said it was pleased with the veto.
"The Utah Judiciary did not request Governor Cox’s veto of SB296. However, we appreciate his leadership in upholding the judiciary’s independence and the balance of power between the three branches of government. We also look forward to continued collaboration with the executive and legislative branches," the judicial branch said.
In a joint statement to FOX 13 News, House Speaker Mike Schultz, R-Hooper, and Senate President J. Stuart Adams, R-Layton, suggested they may override the governor's veto.
"Our system of government was designed to ensure that each branch operates independently yet also relies on one another to function effectively. The Utah Constitution specifically gives the Legislature the responsibility to establish the process for selecting the chief justice of the Utah Supreme Court in statute. SB296 seeks to align Utah’s process for selecting the chief justice with the federal model. Removing internal court politics from judicial decision-making ensures rulings are based solely on the law rather than justices’ leadership considerations," they wrote.
"Through meaningful dialogue with the Judiciary — particularly with Chief Justice Durrant — we did not proceed with many bills during the session, and both the Judicial Council and the Utah Bar Association took a neutral position on several bills that moved forward, including SB296. This veto undermines that good-faith compromise, and we will work with our chambers to determine the best path forward. The Legislature remains firm in its commitment to improve transparency, efficiency, and integrity within all branches of government to ensure we’re responsive to and representative of the people in our state."
Read Gov. Cox's veto letter here:
