For more than a century, the five justices of the Utah Supreme Court have decided among themselves who should lead the state's judiciary as chief justice.
But Senate Majority leader Scott Jenkins, R-Plain City, says it's time for the state's governor to appoint the chief -- and many people are asking why.
Jenkins told the Senate Judiciary, Law Enforcement and Criminal Justice Committee on Friday only that SB109 "speaks to the temperament and congeniality of the courts."
But Utah Supreme Court Justice Jill Parrish told the committee the proposed change would more likely create "dissension and dysfunction" in the high court.
Parrish said the justices -- who work with one another daily -- are best qualified to select their own leader. "And if things are not going well, we can make a change," she said.
Parrish asked the committee to consider a scenario where the governor selected a Senate leader who did not have the support of its membership. "It wouldn't work," she said.
She added that the proposed legislation also could "dangerously undermine" the independence of the courts by making a justice interested in getting -- and keeping -- the position inclined to want to please the governor.
When asked by Sen. Ross Romero, D-Salt Lake City, whether the legislation was seeking to fix any problems, Jenkins replied there wasn't.
"If there is no problem, I don't understand the nature of the bill," Romero said.
Chief Justice Christine Durham was appointed by Democratic Gov. Scott Matheson in 1982. Her second, four-year term as chief justice expires in March. As chief justice, Durham heads the Utah Judicial Council, the policy-making body for the judiciary.
A statement released by the state courts said the practice of the justices choosing their own chief "has provided the courts with a strong record of nationally recognized leadership, innovation, and the effective administration of Utah's courts and should not be changed."
Governors choose chief justices in 14 other states, but judges in some of those states run for office. In Utah, judges are appointed to office. The chief justice of the U.S. Supreme Court is also selected by president, but unlike state court judges that position is a lifetime appointment.
Time ran out before Utah State Bar President Stephen Owens could address the Senate committee. But he released a statement saying that the Bar Commission, which represents Utah's 10,000 lawyers, unanimously opposes SB109.
"The current process is not broken and should not be fixed," Owens wrote.
A spokeswoman said Gov. Gary Herbert has taken no position on SB109. Discussion of the bill continues Tuesday.
The Senate Judiciary, Law Enforcement and Criminal Justice Committee on Friday passed another controversial bill sponsored by Senate Majority leader Scott Jenkins that proposes transferring another judicial function to the governor.
Senate Bill 108 would shift oversight of the state's Judicial Nominating Commissions from the courts to the governor by putting a gubernatorial appointee in charge of collecting applications, background checks and confidential opinions about the applicants, and forwarding this information to commission members.
The governor already appoints seven of every eight-member judicial nominating commission (the chief justice of the Utah Supreme Court is the eighth member), and the governor also picks the nominee who is subject to final approval by the Senate.
