Utah legal community warns against bills targeting judiciary
State of play: The proposals follow Republicans' frustrations with the Utah Supreme Court after facing myriad legal setbacks in the past four years.
Zoom in: The legal community has expressed profound concern about the following bills:
HB 512, sponsored by Majority Whip Karianne Lisonbee (R-Clearfield), would create a committee made up of state lawmakers that would evaluate and recommend judges for retention. Those recommendations would appear on the ballot during retention elections.
In a statement, the Utah State Bar said the new committee would override the work the Judicial Performance Evaluation Commission already does and would "inject politics" into the judicial system.
HB 451, sponsored by Rep. Jason Kyle (R-Huntsville), would require judges to receive 67% of votes to be retained rather than a simple majority.
Chris Peterson, a University of Utah law professor who ran as a Democratic candidate in the 2020 gubernatorial race, said both bills would create a "dangerous incentive for judges to no longer decide cases without fear or favor."
What they're saying: "Simply put, these bills are coordinated efforts to weaken the judiciary and remove critical checks on government power that should concern every Utahn," said Kristy Kimball, chair of the Health Law Section of the Utah State Bar Association.
Between the lines: Utah Supreme Court justices appear to agree, with Chief Justice Matthew Durant, in a rare rebuke, calling the package of bills "a broad attack on the independence of the judiciary," during a public meeting this week, the Salt Lake Tribune reported.
The other side: In response, during a Tuesday news conference, Senate President Stuart Adams said, "We're just trying to make good policy," and said he was open to input.
The intrigue: After 20 years in politics, Sen. Daniel Thatcher (R-West Valley City), known for voting against hotly contested bills from his own party, said he's never seen the judiciary weigh in to this degree on any issue.
"It's unprecedented," said Kent Davis, an attorney and former prosecutor.
The latest: About 900 Utah Bar members, former judges and legal professionals have signed on to a letter to the state legislators, calling on them to reject the bills.
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