The Appellate Judicial Nominating Commission has selected 12 nominees — three women and nine men — that Utah Gov. Spencer Cox may choose from when deciding how to fill two vacancies on the newly expanded Utah Supreme Court.
The two open seats on the state’s highest court result from the sudden resignation of Justice Diana Hagen in May and the upcoming retirement of longtime Chief Justice Matthew Durrant at the end of this month.
Hagen’s resignation came after the Utah House, in response to a public records request from KSL, released a previously dismissed complaint alleging she had an extramarital affair with an attorney involved in the state’s redistricting case. The Judicial Conduct Commission dismissed the complaint as lacking evidence and credibility, but Cox and Utah’s top Republican legislative leaders called for an independent investigation into the claims.
Hagen denied the allegations, but said in her resignation letter she decided to leave the Utah Supreme Court because she didn’t want her friends and family to be dragged into a public controversy. Had she not resigned, Hagen would have been up for a retention election this November.
The latest list of nominees Cox will choose from to replace Hagen and Durrant comes during a time of extraordinary turnover and expansion of the Utah Supreme Court. Just two months ago, the governor filled two new seats on the Utah Supreme Court, after the Utah Legislature expanded it from five to seven members earlier this year.
The Utah Senate confirmed his appointments of Stephen Dent, a federal prosecutor, and Jay Jorgensen — who most recently worked as an attorney for the state’s predominant faith, The Church of Jesus Christ of Latter-day Saints — in June.
Unlike the last list of all-male nominees for those two new seats (which drew some criticism), this time the Appellate Judicial Nominating Commission’s pool of candidates include three women. The list also includes three Utah Court of Appeals judges.
Cox, in a June news conference, pushed back on criticisms that not enough women were being considered for the Utah Supreme Court, calling that an “insane narrative” while pointing out he appointed both current Associate Chief Justice Jill Pohlman and Hagen in 2022.
“I don’t go into this looking at your chromosomes when I’m making an appointment,” Cox said at the time. “I’m trying to find the best legal minds who will represent the state of Utah. And I think that’s all that should matter.”
Cox’s selections — subject to confirmation by the Utah Senate in coming weeks — could change the dynamics of the Utah Supreme Court, which up until recently was made up of a majority of women. Now, however, with Hagen gone and two new seats filled by Dent and Jorgensen, the scales have tipped — and could tip further depending on Cox’s upcoming picks.
Pohlman and Justice Paige Petersen are currently outnumbered by men. Cox also appointed Justice John Nielsen in October to replace former Associate Chief Justice John Pearce who retired last June.
The nominees to replace Hagen and Durrant are:
- Cherise Bacalski, attorney and founder of The Appellate Group, a firm that specializes in appellate cases, and an adjunct professor of writing for Brigham Young University’s J. Reuben Clark Law School.
- Christopher Ballard, general counsel and chief of staff of the Utah County Attorney’s Office.
- Christopher Bates, shareholder of the law firm Kirton McConkie.
- Matthew Bates, 3rd District Court judge, currently serving Salt Lake, Summit and Tooele counties.
- Matthew Bell, 5th District Court judge, currently serving Beaver, Iron and Washington counties
- Samuel Chiara, 8th District Court judge, currently serving in Daggett, Duchesne and Uintah counties.
- Michele Christiansen Forster, a Utah Court of Appeals judge.
- William Hains, deputy division director of criminal appeals in the Utah Attorney General’s Office.
- Michael Menssen, a partner of the international law firm Mayer Brown.
- Amy Oliver, a Utah Court of Appeals judge.
- Stanford Purser, solicitor general in the Utah Attorney General’s Office.
- Ryan Tenney, a Utah Court of Appeals judge.
Utahns can weigh in on the list of nominees by submitting written comments to the Appellate Judicial Nominating Commission at judicialvacancies@utah.gov or by sending letters to the Commission on Criminal and Juvenile Justice, P.O. Box 142330, Salt Lake City, UT 84114-2330.
The deadline for written comments is noon on Aug. 16. The Nominating Commission could request further information or conduct an investigation of the nominees after reviewing public comments.
After the public comment period, the list of names will be sent to the governor, who will then have 30 days to choose appointees for each vacancy. Both will also be subject to confirmation by the Utah Senate.
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