Bill To Allow Governor to Appoint Chief Justice Advances
02.08.2010 by Whittney Evans
(KCPW News) A Senate Committee passed a controversial bill Friday allowing Utah’s Governor to appoint the Chief Justice of the Supreme Court. Current law provides that justices make that decision amongst themselves. Utah Supreme Court Justice Jill Parrish said never in Utah history has another branch of government played a role in making that choice.
“Judges should decide cases based on the facts and the law and politics should play no role in those decisions. I do not believe that a case should ever be decided based on how a justice thinks it would be perceived by the legislature or a governor or any political constituency for that matter,” said Parrish.
Parrish says the law would put the governor in a position to make either an uneducated decision, or a decision rooted in the desires of constituents.
Senate Majority Leader Scott Jenkins is sponsoring the bill. He said those who support the bill have the same concerns as those who oppose it.
“When they say well this is a separation of powers, I say ditto, that’s right. It’s a separation of powers issue. I believe that too. I just think that the governor has got that right to do that. And they talk about judicial independence, I agree. I think this is exactly why this person should be chosen by the governor,” said Jenkins.
Jenkins’ bill also increases the time a chief justice can serve from four to six years, and bars the appointee from serving consecutive terms. The bill now heads to the Senate floor for consideration.
A Senate Committee passed a controversial bill Friday allowing Utah’s Governor to appoint the Chief Justice of the Supreme Court. Current law provides that justices make that decision amongst themselves. Utah Supreme Court Justice Jill Parrish said never in Utah history has another branch of government played a role in making that choice.
08 –JUSTICE 1 : 20 “…for that matter.”
“Judges should decide cases based on the facts and the law and politics should play no role in those decisions. I do not believe that a case should ever be decided based on how a justice thinks it would be perceived by the legislature or a governor or any political constituency for that matter.”
Parrish says the law would put the governor in a position to make either an uneducated decision, or a decision rooted in the desires of constituents.
Senate Majority Leader Scott Jenkins is sponsoring the bill. He said those who support the bill have the same concerns as those who oppose it.
08 –JUSTICE 2 : 20 “…the governor.”
“When they say well this is a separation of powers, I say ditto, that’s right. It’s a separation of powers issue. I believe that too. I just think that the governor has got that right to do that. And they talk about judicial independence, I agree. I think this is exactly why this person should be chosen by the governor.
Jenkins’ bill also increases the time a chief justice can serve from four to six years, and bars the appointee from serving consecutive terms. The bill now heads to the Senate floor for consideration.
