SALT LAKE CITY — Utah Supreme Court Chief Justice Matthew Durrant delivered a letter to House Speaker Mike Schultz and Senate President J. Stuart Adams, pushing back on a bill that he warned "will erode public trust and confidence in the decisions of the Judiciary."
House Bill 512, sponsored by House Majority Whip Karianne Lisonbee, R-Syracuse, would create a legislative committee that gives input on judges up for retention on the ballot. The Chief Justice said it "introduces partisan politics directly into the work of the Judiciary."
"This unprecedented approach is not only dangerous but also detrimental to the public’s trust in a fair and impartial judicial system and ultimately harmful to the citizens. A recommendation by a legislative committee as to whether a judge should be retained for another term will inevitably be viewed as a partisan recommendation. It is simply impossible to separate the partisan politics associated with legislative decisions from such a recommendation," he wrote on behalf of the Utah Judicial Council.
The letter is a blunt pushback on the bill making its way through the legislative session. It is one of many taking aim at the judicial branch of government following a series of rulings the legislature has objected to. On Wednesday, more than 900 lawyers from across the state sent a letter to the Utah State Legislature objecting to many votes.
"If the ballot includes government recommendations as to whether voters should vote in favor of or against any person on the ballot, it will be perceived as a governmental intrusion into the electoral process. Voters will feel that their right to make decisions is being influenced by the government rather than preserved. Voters will lose faith in the electoral system that is foundational to the operation of government because they will believe that elections are neither free nor fair," Chief Justice Durrant wrote.
Speaking to reporters on Thursday, House Speaker Mike Schultz, R-Hooper, indicated the bill may see some changes while insisting it was designed to provide constituents more information about judges.
"I hear that from my constituents on a regular basis that they more information on judges," he said. "That's what HB512 is an attempt to do. Is that the right pathway? We're going to have that discussion. Let's see what it looks like as it moves through the process. Maybe it is, maybe it's not."
On Thursday, House Majority Leader Jefferson Moss, R-Saratoga Springs, said he would abandon a bill to add more justices to the Utah Supreme Court. He indicated that subject would be addressed at a later time.
Read the Chief Justice's letter here:
