Utah Supreme Court Justice John Pearce is retiring from the bench, effective Dec. 1, ending his 10-year run on the state’s high court.
“The time has come for me to turn the page, start a new chapter of my career, and find new ways to serve the people of Utah,” Pearce said in a letter to Gov. Spencer Cox dated May 30.
Pearce’s retirement will give Cox an opportunity to appoint a third justice to the bench. He has previously appointed Justices Diana Hagen and Jill Pohlman in 2022, meaning, after filling a third position, Cox will have appointed a majority of the court.
“I am extremely proud of the court and the work it has done,” Pearce wrote in his letter to Cox. “My colleagues, past and present, are brilliant, courageous and dedicated to the rule of law. I am a better attorney and person because of them.”
In a statement, Cox praised Pearce for his tenure.
“Justice Pearce has dedicated 16 years to public service in both the executive and judicial branches,” the governor said. “Utah is a better place because of leaders like him who answer the call to serve.”
The Senate confirmation process will come at a time when there is tension between the Republican supermajority in the Legislature and the Supreme Court.
The justices have blocked key portions of the GOP agenda, issuing rulings in recent years that have blocked a nearly complete ban on abortions in the state, struck down the Legislature’s efforts to undo an anti-gerrymandering ballot initiative and voided an attempt to pass a constitutional amendment weakening citizens’ ability to run ballot initiatives.
Pearce wrote the court’s majority opinion in the abortion case and also authored the opinion in a ruling overturning the death sentence of Doug Lovell because of improper discussions of religious doctrine that took place in the courtroom at his trial.
Last session, some Republican lawmakers floated the idea of adding justices to the court — expanding it from five seats to either seven or nine — and legislators passed a bill that would have given Cox the power to appoint the chief justice every four years with Senate approval, rather than having the chief justice selected by the members of the court.
Cox vetoed that bill, contending it would allow too much pressure to be exerted on the independent judiciary.
“I admit it is very tempting to sign this bill and assure that the Chief Justice would need to stay in my good graces to retain his or her position,” Cox wrote in his veto letter to legislative leaders. “Knowing the head magistrate of our state’s highest court would have to think twice before ruling against me or checking my power is difficult to reject. But just because I can, doesn’t mean I should. And while I appreciate your faith and trust in extending me this new authority, I must respectfully decline.”
As a justice, Pearce was frequently a probing and impatient questioner of attorneys arguing before the court. His line of questioning in the ballot initiative case — suggesting that the state should need a compelling reason to repeal or rewrite citizen-passed initiatives — became an essential part of the court’s ruling.
During arguments on whether the court should strike the proposed constitutional amendment on ballot initiatives from the ballot, an attorney for the state said it’s incorrect to suggest that it’s “no big deal” to wait two years to run the amendment again. “Nobody is saying it’s no big deal,” a clearly irritated Pearce shot back. “I take umbrage at the suggestion the court says it’s no big deal to punt it for two years.”
“Justice Pearce’s contributions to the citizens of Utah and to their judiciary have been truly extraordinary,” Chief Justice Matthew Durrant said in a statement. “He is not only a brilliant jurist, but also a wonderful colleague. The legacy he has built will long be a force for good in our state.”
Durrant said Pearce led efforts to provide legal representation to Utahns in poverty and improve the way the court measures lawyer competence.
The Appellate Nominating Commission will send Cox the names of seven candidates. The governor’s nominee will be vetted and confirmed by the Senate.
Justices are required to be at least 30 years old, have lived in the state for five years and be licensed to practice law.
It remains to be seen who the candidates will be to fill the vacancy. Based on the finalists from the last two vacancies in 2022, some potential contenders could include: Appeals Court Judge Ryan Harris, Salt Lake City Justice Court Judge Clemens Landau and Brigham Young University Law School professor Carolina Nunez. All three were finalists for both of the last two vacancies.
Other past finalists include Third District Judges Matthew Bates, James Gardner, Dianna Gibson and Fourth District Judges Jennifer Brown and Derek Pullan. Gibson was the trial court judge in the ballot initiative cases in which the Legislature suffered a defeat and the Supreme Court later upheld.
The governor said he takes the “responsibility of appointing [Pearce’s] replacement very seriously and will work to ensure we select a highly qualified justice who will continue to uphold the rule of law and serve the people of Utah with integrity.”
Before joining the court, Pearce was in private practice and served as general counsel to Gov. Gary Herbert from 2009 to 2013 before being appointed to the Court of Appeals. His wife, Jennifer Napier-Pearce, was editor of The Salt Lake Tribune, communications director for Cox and currently is chief of staff for the George S. and Dolores Dore Eccles Charitable Foundation.