As Utah’s 2026 General Session kicked off this week, Utah Supreme Court Chief Justice Matthew Durrant responded to recent rising tensions between lawmakers and the state’s courts.
During the annual State of the Judiciary address on Tuesday, the chief justice acknowledged growing frustration among lawmakers over recent court decisions, but warned against actions he said could erode public trust.
“There can and should be substantive disagreements, both within our respective institutions and between them," he said. "These disagreements are to be celebrated, and valid criticisms should always be welcome — they are signs of healthy institutions. The problem comes when we cross over from substantive disagreement to personal attacks on motive, integrity and good faith.”
Durrant’s address comes as Republican lawmakers are scheduled to consider several proposals that could reshape Utah’s court system, including one that would expand the state Supreme Court. While lawmakers have cited court backlogs as justification for the proposal, the chief justice said that concern no longer reflects current conditions.
“In 2025 our Supreme Court caseload returned to normal," he said, "and the Supreme Court issued 61 opinions — slightly above our historic average. Today, we essentially have no backlog.”
Durrant urged lawmakers to instead focus on funding additional judges, clerks, and court staff in lower courts where caseloads are growing fastest.
“If you elect to fund two new justices, please do not do it at the expense of the judicial positions we have prioritized," Durrant said. "The need for additional judges is much greater in our lower courts than in the Supreme Court.”
The chief justice also called for mutual respect and understanding between the two branches of government as the legislative session gets underway.
“On those rare occasions when we strike down one of your statutes as unconstitutional, we carefully and dispassionately explain why," Durrant said. "You will never read an opinion where we challenge your integrity or good faith. I ask that you pay us the same courtesy in challenging our decisions.”
The proposals are expected to move forward in the coming weeks, as lawmakers debate how much authority the Legislature should have over Utah’s courts.
