Tensions rise as Utah court faces criticism from legislators

SALT LAKE CITY — Matthew B. Durrant, the chief justice of Utah's Supreme Court for the past 13 years, said Tuesday that the state has set the standard for judiciaries across the nation that entire time.

During his State of the Judiciary address in front of Utah lawmakers, Durrant credited amendments made in 1984 to the state's Judicial Conduct Commission, which "restructured our judiciary, revamped the judicial selection process and established a new system for judicial evaluation and discipline," resulting in collaborative efforts across the three branches of government and "positioned Utah's judiciary as a national model with strong centralized leadership, a merit-based judicial selection process and robust accountability measures to promote public confidence in judicial fairness."

As the 2025 legislative session began Tuesday, Durrant recognized the work of Utah's judiciary council and called for mutual respect as lawmakers continued to enact policy guidelines and share recommendations throughout the 47-day session.

"The job of being a governmental leader in today's environment is a challenging one that is never free of criticism, fair and unfair," Durrant said. He acknowledged controversial decisions the U.S. Supreme Court made in the last year — like the decision in President Donald Trump's presidential immunity case — that he said some sitting in the House chamber may have disagreed with and found frustrating.

Utah's highest court, likewise, has been criticized by lawmakers over the past year for a series of "controversial rulings" that heightened tensions between the state's Supreme Court and legislative leaders. These rulings include blocking the Legislature's effort to place a constitutional amendment on the ballot and striking down an attempt to alter the outcome of a voter-approved redistricting initiative. Around the same time last summer, the court also allowed a lawsuit challenging Utah's abortion law to proceed.

During the first day of the 66th legislative session, state Senate President Stuart Adams, R-Layton, was asked whether Utahns should expect any legislation that directly responds to court rulings that majority leaders were not in favor of. He said he believes Utah's judiciary is "well-meaning" and that he doesn't know of any legislation "targeted" at their rulings.

However, Adams did accuse the justices of having "blinders on" when deciphering the state constitution.

"I think perhaps they need to look beyond the state constitution and look at our federal Constitution, Article 4, Section 4, and I think I can see it differently than they do, and I believe that they violated the very foundations of our Republic, and I feel strongly about that," he said.

In response to the tension between the two branches, Durrant said in his State of the Judiciary address that disagreements could benefit the state's legal system if its citizens have "faith" in their elected leaders to represent them according to the law.

"I note the genuine respect that my colleagues and I have for this body, for respect shared by judges and administrative leaders across the judiciary," he said. "By fulfilling our constitutional role, the judiciary helps reassure the public that the legislative and executive branches also operate within Utah's constitutional framework."

No matter political affiliation, all government leaders "swear to support, obey and defend the Constitution," Durrant said during his address, "but judges must be free to abide by that oath, to decide cases without fear of adverse personal consequences. They must be free to make decisions driven by the law and the facts and not based on who the litigants are and how they might react to those decisions. This is a central tenet of our democracy."

2025 judicial budget requests

As Utah continues to be one of the fastest-growing states in the country, Durrant emphasized the need for efficient judicial services during Utah's legislative session, which prioritized fiscal responsibility and budget requests.

According to Durrant, Utah's judicial branch accounts for less than 1% of the state's fiscal budget, "funding requests that are genuinely necessary for our branch of government to provide Utahns the level of service they deserve."

That being said, he requested two funding changes be considered in this legislative session:

Better compensation for courthouse workers

Durrant said courthouse clerical staff and probation officers receive starting wages of $21 to $22 an hour, creating a "staff turnover rate (that) is reasonable and unsustainable."

Durrant said that granting higher compensation would create a competitive workplace and a more skilled workforce.

Funding for more judges

Durrant also referenced statistics from a "judicial-weighted caseload study" that found many state districts working well above their capacity, citing Utah's 1st Congressional District's juvenile courts facing "123% and 114% of standard caseloads respectively."

"This session, we are requesting seven new trial court judges, two court commissioners, and one court of appeals judge, the first such request since the court was formed in 1987," he said. "These additions are critical to maintaining timely and effective judicial services for Utah's growing population, which has more than doubled since 1987. Because of our common fiscal responsibility, we do not put before you funding requests that aren't critical."

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