Utah Legislature passes bill to expand Utah Supreme Court, district courts

On Jan. 30, the Utah Legislature gave final approval to a bill, SB134, that adds two justices to the Utah Supreme Court, two judges to the Court of Appeals and three judges to district courts.

The courts have been amended as follows:

Governor Cox signed the bill into law the next day.

Political science professor at Brigham Young University, Chris Krewson, explained potential reasons why a state would expand its courts.

I think theres case flow reasons, so judiciary efficiency reasons, and then theres also political reasons that could go into it, Krewson said.

Explaining potential political motivations, Krewson said adding justices to the Supreme Court allows a president to influence the composition of the courts.

When you add justices to the court, whoever gets to put those justices in the court has some effect on the composition. You can influence the court's decision by affecting who sits on the court, Krewson said.

He also said that a lack of judges can create a backlog of cases, increasing the cost of going to court because cases take longer to resolve.

Krewson explained that at the Supreme Court level, having more justices could provide a more complete perspective on a case.

Rep. Casey Snider, R-Utah, who was the House sponsor of the bill, also justified the bill using similar sentiments.

Seven sets of eyes reviewing the complex and difficult issues our state has ever faced is better than having only five sets of eyes, Snider said at the Utah House floor debate.

Krewson argued it is more important to balance the number of justices.

At some point, there are too many cooks in the kitchen, Krewson said. If you have too many, it starts to become a problem because when a case is being decided, all justices have to make a decision on it The more justices you have, the longer it can take to resolve issues.

The executive director of Utah State Bar, which represents all practicing lawyers in Utah, Elizabeth Wright, shared similar insights.

When Chief Justice Durrant gave his State of the Judiciary Address at the opening of this legislative session, he stated that the backlogs have been cleared up, that the (Utah) Supreme Court was all caught up, that the (Utah) Supreme Court didnt think it needed additional justices and that in terms of delays and opinions, additional justices slow the process down rather than speed it up, Wright said.

While the Utah State Bar supported the bill overall, it said more attention should be given to the district courts.

Wright explained there are more backlogs and delays experienced in the district court levels rather than at the Supreme Court levels because that is where most court cases take place.

Most people and most lawyers work in the district courts and the juvenile courts. From a lawyers perspective and the average Utah citizen, thats where the delays really affect them. If your kid is arrested for shoplifting, you, as a parent, will wait for a long time for your kids case to be heard in the juvenile court because there are so many backlogs there. We just dont have enough juvenile judges, Wright said. Its going to hang over their head for a long time before it can get resolved.

Wright said the Utah State Bar first objected to the legislatures original bill, stating that they should be spending the money where the money is really needed, which is the district court level where the average Utahn touches the system and needs their cases to get through.

The Utah State Bar was pleased when changes were made to increase the number of district courts.

Its kind of like putting a bucket under a big leak. We need more buckets, but well take whatever bucket you give us. So, in my opinion, and I think in the opinion of many other lawyers, we need even more district court judges. But, well take the three, Wright said.

Both Krewson and Wright shared the belief that young citizens need to be engaged with legislation.

Do I think it matters? I think it matters for sure! In Utah, we are governed by state statutes and the state constitution, and when there's a dispute over the meaning of the constitution or a state law, judges get a say in what the law means, and everything we do in society is governed by state statutes and the state constitution, Krewson said.

Wright mentioned that knowledge of court systems is one way citizens could fulfill their duties.

You guys are the next stewards of our democracy, and I think its important that people understand the role of courts, Wright said.

Although the bill has been finalized, Wright said the application and vetting process can be lengthy, so new justices and judges may not be appointed for several months.