Utah Legislature Proposes Controversial Judicial Overhaul

Bills to expand state Supreme Court and create new constitutional court face backlash from legal community

Jan. 29, 2026 at 1:47pm

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In the first two weeks of Utah's 2026 legislative session, Republican lawmakers have introduced several bills aimed at overhauling the state's court systems. The proposals include expanding the state Supreme Court from five to seven justices, adding more district court judges, and establishing a new constitutional court to handle cases related to state laws. However, the bills have faced significant public pushback, with the Utah State Bar Association and other critics accusing the legislature of "court packing" and undermining the independence of the judiciary.

Why it matters

The proposed changes to Utah's judicial system have sparked a debate over the balance of power between the legislative and judicial branches. Supporters argue the expansions are necessary to meet growing demand, while critics contend the legislature is ignoring the concerns of constituents and the judiciary's own requests. The outcome of these bills could have lasting implications for the state's legal landscape and the ability of the courts to serve as a check on government power.

The details

The main bills under consideration are SB134, introduced by Sen. Chris Wilson, R-Logan, and HB392, introduced by Rep. Matt MacPherson, R-West Valley City. SB134 would add two justices to the state Supreme Court and one district court judge each in Salt Lake City, St. George, and Provo. HB392 would establish a new constitutional court with three judges to handle cases related to state laws. Both bills passed the House law enforcement and criminal justice committee by a 7-2 vote, despite strong public opposition.

  • The 2026 legislative session in Utah began in early January.
  • SB134 passed the state Senate on Monday, January 27, 2026 and was sent to the House.
  • HB392 was introduced and discussed in the House committee on Wednesday, January 29, 2026.

The players

Sen. Chris Wilson

A Republican state senator from Logan who introduced SB134 to expand the state Supreme Court and add more district court judges.

Rep. Matt MacPherson

A Republican state representative from West Valley City who introduced HB392 to establish a new constitutional court.

Gov. Spencer Cox

The Republican governor of Utah who has expressed support for the proposed court expansions.

Utah State Bar Association

The professional organization for lawyers in Utah that has expressed strong opposition to the legislature's judicial overhaul efforts.

Rep. Andrew Stoddard

A Democratic state representative from Sandy who voted against both SB134 and HB392 in committee.

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What they’re saying

“If you're seeking to sway a panel or a legislator in the future, maybe start with that, that'd probably work better.”

— Rep. Ryan D. Wilcox, Committee Chairman (Deseret News)

What’s next

The bills passed the House committee and will now move to the full House for consideration. If passed by the legislature, they would then go to Gov. Spencer Cox for his signature.

The takeaway

The Utah Legislature's efforts to overhaul the state's judicial system have sparked a fierce debate over the balance of power between the branches of government. While supporters argue the changes are necessary, critics contend the proposals amount to "court packing" and threaten the independence of the judiciary. The outcome of these bills could have significant implications for how the courts function in Utah for years to come.