SALT LAKE CITY — The Chief Justice of the Utah Supreme Court addressed judicial independence in a speech to state lawmakers.
"I want to address what some might consider to be a tension between our two branches of government," Chief Justice Matthew Durrant said in his State of the Judiciary address to the Utah State Legislature.
The Chief Justice was addressing a series of rulings the Utah Supreme Court made on abortion and citizen ballot initiatives that have invoked the wrath of some on Capitol Hill.
"We are, of course, aware that the Supreme Court has issued an opinion or two in the last year that some in this body disagree with. While I don’t know anyone who enjoys being criticized, we understand that disagreement can be healthy and an important part of our system," he said, accompanied by the other justices of the Utah Supreme Court.
Chief Justice Durrant pointed out to lawmakers that the Court's role is to analyze the legal issues that are brought to them as a result of lawsuits filed over laws passed by the legislature.
"Inevitably, this type of review will create some tension between our branches. This is a natural consequence of our Constitution’s checks and balances. There will certainly be times when you believe we’ve gotten things wrong. And you, of course, have every right to criticize our decisions," he said. "But ultimately, the people of Utah will judge the integrity of both our institutions and our commitment to the rule of law not by what we do and say when we agree, but by the respect we show each other when we disagree."
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The speech, normally a dry one, received extra attention this year in light of the Utah Supreme Court's decision to void Amendments A and D on the November ballot. Amendment D, which would have changed how citizen ballot initiatives are handled, was called out by the Senate President in his opening day remarks.
House Speaker Mike Schultz in the past has threatened to change how the judiciary works in Utah, something Chief Justice Durrant pushed back on in his remarks.
"Some have suggested various changes to our judiciary. Should you consider them, I urge you to carefully assess their long-term implications. Utah’s Judiciary has earned national respect for its structure and governance and any changes should preserve these strengths," he said.
The Chief Justice's speech received polite applause from lawmakers in the House chamber. Senate President J. Stuart Adams did not say if the legislature was planning to target the judicial branch.
"I think they’re well meaning and I don't know that there’s things that will targeting them. I have great respect for the judiciary," he said.
