The bill comes as the judiciary is in the crosshairs of the Republican-dominated Legislature after courts have repeatedly blocked significant pieces of the agenda — halting a near-total ban on abortions, blocking a ban on transgender girls competing in high school sports, restricting the Legislature’s power to undo citizen-backed ballot initiatives and stopping lawmakers from amending the Constitution to assert the power to repeal initiatives.
House Majority Leader Jefferson Moss, R-Saratoga Springs, opened a bill file Wednesday that could lead to expanding the Utah Supreme Court from its current five justices.
“Over the past decade, we have seen growing caseloads, delays and evolving legal complexities in Utah’s highest court,” Moss said. “The Legislature has the ability to adjust the court’s size in response to these growing demands. As such, I’ve opened a bill file to explore the potential of adjusting the number of justices on the Utah Supreme Court.”
Former Utah Supreme Court Justice Christine Durham said expanding the court could have the opposite effect Moss is looking to achieve.
“Given the way opinions are prepared and decisions made, the larger the court, the slower and the more complicated the process,” she said. “Also, expenses would increase to cover staff, law clerks, chambers, etc. Is the system broken or is the goal to try to add politics to the court?”
Utah’s Constitution says that there must be “at least five” justices on the Utah Supreme Court, but otherwise leaves it to the Legislature to set the number.
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This article is published through the Utah News Collaborative, a partnership of news organizations in Utah that aims to inform readers across the state.