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Governor Spencer Cox Appoints Two New Justices to Utah’s Expanded Supreme Court

6/3/2026, 11:22:45 PM

Court Expansion and New Appointments

The Utah Legislature approved a bill this year that increased the Utah Supreme Court from five to seven justices, citing concerns that the court’s docket was moving too slowly. Governor Spencer Cox announced the first two nominees for the new seats on June 2, 2026: Jay Jorgensen, senior counsel for The Church of Jesus Christ of Latter-day Saints, and Stephen Dent, an assistant United States attorney in St. George. Their confirmations will bring the court’s composition to a level not seen since Chief Justice Matthew Durrant’s announced retirement in August.

Legislative and Judicial Context

The expansion occurs amid heightened friction between Utah’s judicial and legislative branches. Lawmakers have expressed frustration with recent court rulings on independent redistricting, citizen-initiative measures, abortion rights, and climate-change litigation. Senate Judicial Confirmation Committee Chair Sen. Todd Weiler described the tension as “branches of government kind of bumping and grinding up against each other,” while noting that the relationships remain “cordial.” The legislature’s move also follows the resignation of Justice Diana Hagen after partisan pressure and the pending retirement of Chief Justice Durrant.

Nominee Backgrounds

Jay Jorgensen’s résumé includes a clerkship for former U.S. Supreme Court Chief Justice William Rehnquist, twelve years at Sidley Austin, and a stint as executive vice president for Walmart’s global ethics and compliance program. Since 2021 he has served as senior counsel for the LDS Church. Stephen Dent, a University of Utah law graduate who finished first in his class, has served as deputy criminal chief for the U.S. Attorney’s Office in Utah, prosecuting fraud, money-laundering, drug trafficking, illegal immigration and murder cases. He also clerked for senior state judges before joining the federal prosecutor’s office.

Quantitative Details

  • Court size: expanded from five to seven justices.
  • Applicant pool: 25 candidates, only four women; two of those women were deemed not qualified.
  • Recent vacancies: 19 finalists across three openings were all men.
  • Confirmation timeline: Senate hearings slated for the next two weeks, with a full Senate vote set for June 17.

Official Statements & Responses

Governor Cox emphasized his search for “people who care deeply about the Constitution of the state and the Constitution of the United States,” adding that he values “textualism, originalism and judicial restraint.” He dismissed concerns about Jorgensen’s church employment, stating, “I don’t care who they worked for. I care for their legal mind and their legal scholarship.” The Senate Judicial Confirmation Committee confirmed it will hold public comment sessions before voting.

Criticism & Opposition

The non-partisan watchdog Co-Equal Utah warned that both nominees lack any prior judicial experience, arguing that “the Utah Supreme Court is not an entry-level position.” The group also highlighted the gender disparity, noting that “women, objectively more qualified than the two men nominated, applied for these seats.” Republican leaders have campaigned against retaining Justice Jill Pohlman, citing her rulings on redistricting and citizen initiatives, and have called for investigations into Justice Hagen’s prior case involvement.

Conflicting Reports & Gaps

Governor Cox reported that only four women were submitted for consideration, yet Co-Equal Utah contends that women were “objectively more qualified” and that the final pool of 19 nominees was entirely male. No source provides detailed criteria for the “not qualified” designation, leaving the basis for gender-based exclusions unclear.

Verbatim Quotes

  • “I'm looking for people who care deeply about the constitution of the state and the constitution of the United States,” — Spencer Cox, Governor of Utah
  • “Then-Judge Alito, now Justice Alito and Chief Justice Rehnquist, they taught me about judicial philosophy which is textualism and originalism,” — Jay Jorgensen, Supreme Court nominee
  • “I am an originalist and a textualist. I believe that that is a faithful way of interpreting text when you’re considering the separation of powers and a judge’s role.” — Stephen Dent, Supreme Court nominee
  • “The Utah Supreme Court is not an entry-level position. It is the court of last resort for every Utahn. The governor has bypassed sitting judges with years of trial and appellate experience to place two individuals with no judicial record directly on the state's highest court. Utahns deserve to know why,” — Co-Equal Utah, Judicial watchdog

What’s Next

The Senate Judicial Confirmation Committee will conduct hearings within the next two weeks, after which the full Utah Senate is scheduled to vote on June 17. If confirmed, Jorgensen and Dent will join a court undergoing significant turnover, with additional appointments expected later in the year to fill the seats vacated by Chief Justice Durrant’s retirement and Justice Hagen’s resignation.