At stake is a basic promise: that when Utahns walk into a courtroom, their case will be decided by an objective judge applying the law and the Constitution, not by someone concerned about external pressures or political consequences.

Why Judicial Structure Matters to the Public

Utah’s courts serve as a neutral forum where individuals, families, businesses, and government entities resolve disputes and protect their rights. A nonpartisan judiciary ensures that laws are applied consistently, constitutional rights are upheld, and decisions are based on facts and legal principles rather than outside influence.

The Utah Constitution established a merit-based judicial selection system specifically to protect this independence. Judicial nominating commissions screen applicants and recommend qualified candidates to ensure judges are selected based on merit, integrity, and professional competence — not political affiliation. This constitutional framework reflects the principle that courts must remain free from bias for everyone.

Recent legislative proposals would modify elements of this system, including how judges are appointed, how retention elections function, and how judicial panels may be structured or reassigned. Some measures would allow judicial vacancies to be filled without the traditional nominating commission process, while others would alter retention election requirements or introduce new procedures affecting how judges are reviewed or replaced.

These changes raise important questions about preserving the balance between accountability and independence, both of which are essential to maintaining public confidence in the courts.

The Combined Effect of Structural Changes

Each legislative proposal addresses a different aspect of the judicial system. Collectively, they would reshape how judges are selected, evaluated, and retained in office.

Some measures would:

• Modify the merit-based judicial nomination process established by the Utah Constitution
• Alter judicial retention election procedures and thresholds
• Create new judicial structures or allow reassignment of judges across districts
• Expand mechanisms allowing judges to be disqualified or replaced in certain proceedings

According to the Utah State Bar, when considered together, these proposals could “operate as an overhaul to how judges are appointed, retained, and pressured while on the bench,” potentially weakening longstanding structural safeguards designed to preserve impartial decision-making.

These guardrails exist not to protect judges personally, but to protect the public. They ensure that when courts review laws, resolve disputes, or protect constitutional rights, judges can do so based on the rule of law and legal principles alone.

Why This Matters Beyond the Legal Community

This issue is not abstract or theoretical. Courts affect everyday life in concrete ways. They decide criminal cases, resolve family disputes, interpret contracts, protect property rights, and ensure government actions comply with the Constitution.

Public trust in the courts depends on confidence that judges apply the law fairly and consistently. Structural protections, such as merit-based selection, independent evaluation, and stable retention systems, exist to reinforce that confidence.

The Utah State Bar, which operates under the authority of the Utah Supreme Court and has regulated the legal profession since 1931, has a constitutional responsibility to address proposals affecting the judiciary and administration of justice. Its role includes helping preserve the fairness, integrity, and accessibility of Utah’s legal system for all residents.

As the Bar’s President-Elect, I emphasize that maintaining the proper balance among the branches of government is essential to protect constitutional rights and ensure courts remain a reliable forum for resolving disputes.

Preserving Public Confidence in the Courts

Courts free of political influence do not exist for the benefit of judges. It exists for the benefit of the public. It ensures that:

• Laws are applied consistently and fairly
• Constitutional protections are meaningful and enforceable
• Individuals have a neutral forum to resolve disputes
• Government power remains subject to constitutional limits

Utah’s judicial system has earned national respect for its professionalism, fairness, and merit-based selection process. Any structural changes to that system should be carefully considered, with full public understanding of their long-term implications.

The courts belong to the people. Their integrity, fairness, and independence are essential to preserving the rule of law and ensuring justice for every Utahn, today and for generations to come.

Tyler S. Young is the Utah State Bar President-Elect and Utah County personal injury attorney.