Utah’s legislative leadership confirmed on Tuesday that, following a recommendation from Gov. Spencer Cox, lawmakers will review a plan to expand the Utah Supreme Court and the Utah Court of Appeals by adding two additional justices.
Supporters say the proposal responds directly to rising court workloads, growing case backlogs, and slower rulings across Utah’s highest courts. At the same time, the move arrives amid ongoing Republican concerns about recent judicial decisions that have blocked legislation and overturned long-standing legal precedents.
Legislative Leaders Explain the Rationale
In separate interviews with Deseret News, Senate President Stuart Adams (R-Layton) and House Speaker Mike Schultz (R-Hooper) described the bill as an effort to strengthen the judicial branch, modernize court operations, and bring Utah closer to national standards.
Adams said the expansion could help balance both workload and judicial philosophy.
“I hope this helps to balance, both in workload and in judicial philosophy, and we believe it probably has a dual effect,” he said, adding that the change is “needed.”
Schultz emphasized perspective, arguing that more judges lead to better outcomes.
“Utah’s an outlier,” Schultz said. “I don’t think any rational person would look at it and not say that five sets of eyes is better than seven sets of eyes.”
How Utah Compares to Other States
Currently, the Utah Supreme Court has five justices, while the Court of Appeals has seven members. This structure sets Utah apart from much of the country.
- 28 states operate with seven-member supreme courts
- 7 states, including Texas’ Court of Criminal Appeals, have nine justices
- 17 smaller states maintain five-justice courts, along with Oklahoma’s Court of Criminal Appeals
Despite these trends, Utah has not changed the size of its Supreme Court since 1917, even though the state’s population has grown by more than 3 million residents. Similarly, the Court of Appeals has remained the same size since its creation in 1987, when Utah’s population was roughly half of what it is today.
A broader analysis shows court expansion is common nationwide. States have increased supreme court sizes 120 times, with Hawaii being the only state to never alter its court size. Notably, the 10 states closest to Utah in population all operate supreme courts with seven or nine justices.
Rising Caseloads Put Pressure on Courts
Data from the Utah court system highlights mounting strain on appellate courts:
- In fiscal year 2025, the Supreme Court received 270 filings
- The Court of Appeals recorded 1,143 filings
- Combined filings rose 34% since fiscal year 2017, setting new records
An annual report from the Utah Judicial Council found that the Supreme Court is deciding fewer cases than in past years, while the Court of Appeals is taking longer to issue rulings. As a result, requests for deadline extensions doubled between 2017 and 2024.
The workload per judge has also climbed sharply. Court of Appeals judges previously handled about 700 cases annually, but now manage nearly 1,000 cases each year, creating delays that the report described as avoidable.
Population Ratios Highlight the Strain
The report compared Utah to other Western states, noting that Arizona, Colorado, Oregon, and New Mexico each added appellate judges before reaching a ratio of 350,000 residents per judge. Utah’s current ratio exceeds 488,000 residents per Court of Appeals judge, significantly higher than regional norms.
Because of this imbalance, the Judicial Council formally asked lawmakers to fund one additional Court of Appeals judge.
Supreme Court Expansion Still Debated
While expanding the Court of Appeals appears widely supported, some judicial leaders have expressed reservations about increasing the size of the Utah Supreme Court.
Chief Justice Matthew Durrant and Justice Paige Petersen have argued that adding more justices at the highest level could actually slow deliberations, rather than speed them up, suggesting that efficiency concerns differ between the two courts.
