Utah Senate confirms governor's latest Supreme Court nominees

SALT LAKE CITY — The Utah Senate voted to confirm Judge Matthew Bell and attorney Michael Menssen to the state Supreme Court, filling out the new seven-member court that was expanded earlier this year.

Both men were approved with broad, bipartisan support, with only two Senate Democrats voting against their confirmation. They will replace former Chief Justice Matthew Durrant, who retired last month after 26 years, and former Justice Diana Hagen, who resigned in May amid allegations of misconduct.

"Today, I reiterate my allegiance to the constitutions of the United States and of the state of Utah, which serve as the definitive checks on all three branches of government," Bell told the chamber after being confirmed. "I vow to remain steadfast in my sworn duty to support, obey and defend them without regard for political pressure, public opinion or personal preference."

The Utah Senate Judicial Confirmation Committee unanimously endorsed the two candidates on Monday after two days of questioning.

Menssen said he was "humbled" by the chance to serve on the court.

"I recognize that being entrusted to interpret the Constitution and the laws of the state of Utah is a sacred responsibility," he said, "and I pledge that I will always give the position the work and the respect it requires."

Bell and Menssen were each confirmed by a 26-2 vote, with several Democrats and the only member of the Forward Party joining with all Republicans in approving their appointments. Sen. Nate Blouin, D-Millcreek, and Sen. Kathleen Riebe, D-Cottonwood Heights, cast the lone "no" votes.

Riebe said she appreciates "the merit of these fine judges," but she took issue with the lack of women on the list. Women held a majority of the seats on the five-person court a year ago, but only two women now serve on the seven-member court.

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 has been working as a partner at Mayer Brown LLP in Salt Lake City, specializing in commercial litigation, labor and employment law and appeals.

As soon as Bell and Menssen are formally sworn in, the Utah Supreme Court will be at full capacity with seven members. The Republican-controlled Legislature and Gov. Spencer Cox expanded the court from five seats earlier this year despite critics alleging that they were trying to remake the court to yield more favorable decisions for the GOP.

However, the chief justice position remains vacant. The governor, who has the power to select a replacement for Durrant, told reporters last month he planned to "take my time" doing that. Jill Pohlman is currently serving as the Supreme Court's associate chief justice.

Cox said last month that Pohlman is doing a "fantastic job," which sharply contrasts with the Utah Republican Party's push to oppose her retention election later this year. Republicans have criticized Pohlman's vote on a unanimous decision in Utah's redistricting case, which led to a new congressional map being adopted.

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