Gov. Spencer Cox (R-UT) declined to sign a bill that would have allowed him to appoint the chief justice of Utah’s Supreme Court.
SB296, a Republican-backed bill, passed the state Senate with bipartisan support in February. Under the legislation, the governor would have been able to select the chief justice, with the Utah Senate then tasked with confirming the appointee. The top judge would have been subject to reconfirmation votes every four years. Currently, the court’s justices pick one of their peers to serve as top justice.
Despite the expanded power the legislation offered him, Cox wrote a letter to lawmakers Tuesday announcing he would veto the bill because he believed it would politicize the judiciary.
“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.”
Cox noted that the state bill was meant to reflect the president’s ability to appoint the U.S. Supreme Court chief justice, who the Senate then confirms.
“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,” Cox added. “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.”
The veto comes after Utah Supreme Court Chief Justice Matthew Durrant publicly criticized the bill during a Utah Judicial Council meeting in February. The legislation would undermine the judiciary’s “independence,” Durrant said, suggesting it came as “retribution” for several decisions handed down by the top court unfavorable to Republicans’ legislative priorities.
UTAH’S BOLD STEP TO RESTORE CIVIC EDUCATION
While the Utah State Bar has commended Cox’s decision, Republican leaders have expressed displeasure. Utah House Speaker Mike Schultz and state Senate President Stuart Adams indicated they might pursue a special legislative session to override the veto.
“This veto undermines that good-faith compromise, and we will work with our chambers to determine the best path forward,” they told KSL.com, a local outlet, in a joint statement. “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.”
