Utah's Judges: Why Politics Should Stay Out of the Courts

Utah's lawmakers are considering several controversial changes to the state's judicial system that could significantly alter the balance of power and independence of the courts.

Governor's Expanded Powers

• Current Process: A panel of experts suggests names, and the governor selects from that list.
• Proposed Change: The governor could choose any judge without the panel's input, raising concerns about fairness and political influence.

Utah Supreme Court Expansion

• Proposal: Adding two more justices to the Utah Supreme Court.
• Supporters' Argument: Claims it will improve efficiency.
• Opponents' Argument: Current justices believe it won't speed up processes and may increase political influence.

Judicial Retention Challenges

• Current Requirement: Judges need a simple majority to retain their positions.
• Proposed Change: Require a supermajority of 67% for retention.
• Concerns: Could allow a small group to remove a judge based on a single unpopular decision.

Importance of Judicial Independence

Utah's current system is based on merit, ensuring judges have the right education, experience, and references. The public can also provide input, maintaining transparency and fairness.

The founders of the United States emphasized the importance of an independent judiciary. Federal judges have job security to ensure they can make fair decisions, even if they go against government interests.

Potential Consequences

If Utah's courts become more political, it could erode public trust. A fair and independent judiciary is crucial for both personal and business matters, underpinning the economy and society.