H.J.R. 5
FailedOpposeProposal to Amend Utah Constitution - Judicial Nominations
Proposal to Amend Utah Constitution - Judicial Nominations
Introduction
Jan 20
House Rules
House Committee
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
What This Bill Does
This joint resolution of the Utah Legislature proposes to amend the Utah Constitution to modify the judicial nominating process.
Key Provisions
This resolution:
- authorize the Governor to request a list of nominees from a judicial nominating commission when the Governor is filling a judicial vacancy;
- authorize the Governor to appoint any qualified candidate even if the candidate is not nominated by the nominating commission;
- remove the time constraint on the Governor to make an appointment; and
- remove the authority of the chief justice of the Supreme Court to fill a judicial vacancy if the Governor fails to fill the vacancy.
Better Utah Institute's Position
Plain-Language Summary
AI-generated summary, reviewed by Better Utah staff.
A proposed constitutional amendment placed before Utah voters, this resolution would overhaul how judges are appointed to fill court vacancies. Under current Utah law, the Governor must choose from a list of at least three candidates vetted and certified by a Judicial Nominating Commission, must make that appointment within 30 days, and if the Governor fails to act, the Chief Justice of the Supreme Court steps in to fill the vacancy. This resolution removes all of those constraints: the Governor could still ask the Nominating Commission for a list of candidates, but would be free to appoint any constitutionally qualified person regardless of whether they appeared on that list, with no deadline to act and no fallback authority for the Chief Justice. Any appointment would then require approval by a majority of the full State Senate within 60 days. If voters approve this change, it significantly shifts power over who sits on Utah's courts away from the independent nominating commission and toward the Governor and Senate, reducing the role of the merit-based screening process that currently filters judicial candidates before the Governor ever sees them.
H.J.R. 5
FailedOpposeProposal to Amend Utah Constitution - Judicial Nominations
Introduction
Jan 20
House Rules
House Committee
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
IntroductionJan 20
House Rules
House Committee
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
What This Bill Does
This joint resolution of the Utah Legislature proposes to amend the Utah Constitution to modify the judicial nominating process.
Key Provisions
This resolution:
- authorize the Governor to request a list of nominees from a judicial nominating commission when the Governor is filling a judicial vacancy;
- authorize the Governor to appoint any qualified candidate even if the candidate is not nominated by the nominating commission;
- remove the time constraint on the Governor to make an appointment; and
- remove the authority of the chief justice of the Supreme Court to fill a judicial vacancy if the Governor fails to fill the vacancy.
Plain-Language Summary
AI-generated summary, reviewed by Better Utah staff.
A proposed constitutional amendment placed before Utah voters, this resolution would overhaul how judges are appointed to fill court vacancies. Under current Utah law, the Governor must choose from a list of at least three candidates vetted and certified by a Judicial Nominating Commission, must make that appointment within 30 days, and if the Governor fails to act, the Chief Justice of the Supreme Court steps in to fill the vacancy. This resolution removes all of those constraints: the Governor could still ask the Nominating Commission for a list of candidates, but would be free to appoint any constitutionally qualified person regardless of whether they appeared on that list, with no deadline to act and no fallback authority for the Chief Justice. Any appointment would then require approval by a majority of the full State Senate within 60 days. If voters approve this change, it significantly shifts power over who sits on Utah's courts away from the independent nominating commission and toward the Governor and Senate, reducing the role of the merit-based screening process that currently filters judicial candidates before the Governor ever sees them.
Better Utah Institute's Position
Documents
Subjects
Action History11
House/ filed
House file for bills not passed
House/ strike enacting clause
Clerk of the House
House/ 1st reading (Introduced)
House Rules Committee
House/ received fiscal note from Fiscal Analyst
Clerk of the House
LFA/ fiscal note publicly available for HJR005
Released
Last updated Mar 26, 2026, 9:43 PM
