Gov. Spencer Cox Appoints Two New Utah Supreme Court Justices

Filling Open Seats Amid Court Reshaping

The two new appointments follow a series of sweeping changes to the state judiciary over the past several months. Earlier in the summer, Governor Cox appointed lawyers to fill a two-seat expansion of the Supreme Court authorized under a new state law. Lawmakers backed that expansion following a string of legal setbacks delivered by the court to the Legislature, including a major redistricting lawsuit, maintaining that a larger bench would help review cases more efficiently. With the latest selections of Bell and Menssen, Cox will have appointed six of the seven justices on the court once all four open seats are fully seated. The vacancies arose from distinct departures on the bench. Chief Justice Matthew Durrant stepped down after spending more than 25 years on the high court, including 14 years as chief justice, prompting Governor Cox to describe him during a Capitol press conference as a towering figure in the state’s legal community whose shoes will not be easy to fill. Meanwhile, former Justice Diana Hagen stepped down in May following the public release of a dismissed misconduct complaint by the Utah House of Representatives in response to a public records request. The complaint alleged an extramarital affair with an attorney involved in the state redistricting case—allegations denied by both parties—with Hagen resigning to protect her family and friends from controversy after state leaders sought an independent investigation.

Judicial Philosophy and Backgrounds of the Nominees

During the press conference at the Capitol, Governor Cox emphasized his preference for a specific judicial approach. Originalism is very important to me and to these justices as well, Cox told reporters, pointing to a philosophy centered on the text of the constitution as originally intended by the Founding Fathers. There is no place for judicial activism in the system. If you want to make laws, then get another job. The newly appointed justices bring distinct professional backgrounds to the bench. Matthew Bell serves as the presiding judge for the 5th District encompassing Washington, Iron, and Beaver counties. His career includes work as an assistant U.S. attorney, a trial attorney in the U.S. Department of Justice’s antitrust division, and early experience as a corrections officer and police officer. Michael Menssen specializes in complex commercial and labor law and has earned praise for working with groups that expand legal aid for low-income residents. Both nominees expressed commitment to neutral jurisprudence, with Bell stating that his confirmation oath means applying the law faithfully and objectively as written, rather than as desired.

Next Steps for Leadership and Confirmation

The transition also involves a shift in how the court’s leadership is chosen. Under a 2025 measure signed into law by Cox, the governor will appoint the new chief justice directly, rather than leaving the selection to the justices themselves. Cox indicated he plans to take his time with that decision, noting that he wants a fully staffed court first and intends to consult each justice for their perspective before making a choice within six to eight weeks. All of the recent judicial appointments remain subject to final confirmation by the Utah Senate.