On Aug. 31, the Utah Supreme Court will see its fourth vacancy in nine months. Chief Justice Matthew Durrant announced on May 22 his upcoming retirement from the state's highest court. His announcement came two weeks after Justice Diana Hagen resigned amid a pending investigation by the Utah Judicial Conduct Commission.
In January 2026, Gov. Spencer Cox (R) signed SB 134 into law. The bill, among other judicial changes, increased the number of judges on multiple courts, including the Utah Court of Appeals and the Utah Supreme Court. Prior to the signing of this bill, the state supreme court had five justices; SB 134 increased that number to seven.
The addition of two seats and two departures means the Utah Supreme Court will have four vacancies effective Aug. 31. As of May 2026, the court consists of four sitting justices — two Cox appointees, one appointed by former Gov. Gary Herbert (R), and outgoing Chief Justice Durrant, who was appointed by former Gov. Michael Leavitt (R) — and three vacancies. Once Cox fills all four vacancies, only one justice will not be a Cox appointee: Paige Petersen, who was appointed by Herbert.
Cox is scheduled to interview candidates the week of May 25. As of May 27, Cox had not appointed any justices to any of the four seats. It is unclear when he will make an appointment to the court. Each appointment will require confirmation from the Utah State Senate.
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