- Gov. Spencer Cox is interviewing candidates for four Utah Supreme Court vacancies.
- Two seats are new, while two are due to retirements, including Chief Justice Matthew Durrant.
- Utah Valley University professor Steven Sylvester said Cox faces challenges balancing public perception and legislative approval for his nominees.
SALT LAKE CITY — Utah's governor will continue interviewing candidates this week for the state Supreme Court as he looks to fill four seats, two of which are brand new.
Gov. Spencer Cox has three rounds of interviews scheduled on Wednesday and Thursday, according to his public calendar, following multiple interviews with candidates last week.
But filling those new seats, which were created by the Legislature this past session, is just part of the work facing the governor. Two more justices have created new, unexpected vacancies through retirement or resignation.
"It is unprecedented that the governor is going to have this many opportunities to nominate someone to the bench," Steven Sylvester, Utah Valley University political science professor, told KSL.
For the two new seats, Cox is whittling his way through a list of 12 candidates. The all-male list includes current judges, prosecutors, and even a senior counsel for The Church of Jesus Christ of Latter-day Saints. At some point, Cox will announce his two nominees, both of whom would need to be confirmed by the Utah Senate before joining the high court.
Meanwhile, a separate process will take place to find replacements for Chief Justice Matthew Durrant, who recently announced his retirement, and for Justice Diana Hagen, who resigned.
Sylvester said the governor is in a "tricky" position as he looks for candidates who palatable to the public — and to politicians who have the final say.
"He's going to have to balance that public perception versus the wants and the needs of the Legislature, specifically the Senate, when they're the ones who are confirming any justice that he may nominate," Sylvester said.
This all comes as tensions have been rising between the Republican-controlled Legislature and the courts over several high-profile decisions, including redistricting, which led to Utah getting a new congressional map.
Durrant is retiring after more than 25 years on the Utah Supreme Court, 14 of them as chief justice. His last day will be Aug. 31. He's the longest-serving chief justice in Utah history.
Hagen stepped down from her seat earlier this month after four years on the bench amid allegations that she had an improper relationship with an attorney who argued cases before the court.
Once Cox has filled all four slots, the seven-member Supreme Court will be comprised of justices mostly nominated by him. Only two, Associate Chief Justice Jill Pohlman and Justice Paige Petersen, were appointed by Gov. Gary Herbert.
"I think it will be very interesting to see, one, who the governor nominates, first off," Sylvester said of the current vacancies, "and then, two, what types of cases then will be coming to the Supreme Court of the state of Utah."
