Longtime judge and an attorney appointed to 2 seats on Utah Supreme Court

SALT LAKE CITY — Utah Gov. Spencer Cox has appointed 5th District Judge Matthew Bell and attorney Michael Menssen to serve on the state Supreme Court.

The governor praised the experience of both men at a news conference at the Capitol in Salt Lake City on Friday, calling Bell "one of our fine judges" and Menssen "one of the finest civil litigators in our state." Both are now subject to confirmation by the state Senate.

Bell and Mennsen will replace Justice Diana Hagen, who resigned in May, and Chief Justice Matthew Durrant, who is stepping down next week.

"If I am fortunate enough to be confirmed, I will remain steadfast in my sworn duty to support, obey and defend the Constitution," Bell said. "This oath is not a formality, it is a bedrock of our system of government. To honor it is to recognize the essential, yet limited role of the courts. It means applying the law faithfully and objectively as it is written, not as we wish it to be."

Mennsen said he is "humbled and honored to be nominated for this position" and called the appointment the "honor of a lifetime."

Who are the new nominees?

Bell began his career as a sworn peace officer before working as a trial attorney for the U.S. Department of Justice Antitrust Division and as assistant U.S. attorney for the District of Utah. He has served as a judge in Utah's 5th Judicial District in southern Utah since 2017.

Menssen is a partner at Mayer Brown LLP in Salt Lake City, where he works in commercial litigation, labor and employment law and appeals. Cox said his appointment would represent "probably the greatest pay cut in the history of the Supreme Court."

Friday's announcement followed the June confirmation of two additional Supreme Court justices, Jay Jorgensen and Stephen Dent, after the Legislature expanded the court to seven members. That expansion was controversial, attracting criticism from Democrats and some legal groups.

Cox on Friday pushed back against the idea that the recent justices who have been appointed will be more favorable to the state, after the high court has ruled against the Legislature in several recent high-profile cases, leading to increased tension between the branches of government.

"It would be a very terrible court if there were seven Spencer Coxes on that court," the governor said. "I hope that they will rule against me and against the Legislature whenever they feel like that is necessary."

With the nominations of Bell and Mennsen, Cox has now named five justices to the seven-member court just since last October.

Meanwhile, the governor also has the power to select a new chief justice, thanks to a new bill passed earlier this year. But Cox told reporters he will "take my time" picking a replacement for Durrant, who will retire on Monday after 26 years on the bench. He said he expects to announce a replacement within the next six to eight weeks. The selection of a new chief justice also requires Senate confirmation.

In the meantime, Cox noted that Jill Pohlman will continue to serve as the Supreme Court's associate chief justice. The governor said Pohlman is doing a "fantastic job," which sharply contrasts with what other Republicans have said. During the state convention a few months ago, GOP Chairman Rob Axson urged delegates to vote against Pohlman's retention in November.

Axson and other Republican leaders have criticized Pohlman's vote on a unanimous decision in Utah's redistricting case, which led to a new congressional map being adopted last November.

Why did Hagen resign?

During Friday's news conference, Cox praised the service of both Durrant and Hagen over the years. But Hagen's departure from the high court in May came amid a swirl of controversy.

As KSL first reported, Hagen faced a state investigation over allegations that she had an improper relationship with an attorney who argued cases before the court. The attorney represented several plaintiffs in the high-profile case over Utah's redistricting maps.

The complaint was originally submitted to the Judicial Conduct Commission, which declined to pursue a full investigation. The governor, House speaker and Senate president then announced they would launch an independent investigation.

But Hagen stepped down before that could happen, writing in her resignation letter that she "faithfully upheld my oath to the Constitution and the ethical obligations that govern our profession" during her time as a prosecutor, judge and justice.

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