Third District Court Judge John Nielsen has been selected by Utah Gov. Spencer Cox to serve as the state’s newest Supreme Court justice.
If confirmed by Utah’s Senate, Nielsen will replace Associate Chief Justice John Pearce, who was appointed to the court in November 2015. Pearce will retire on Dec. 1.
Cox reviewed seven nominees and said Nielsen “stood out immediately” during his announcement in the state Capitol’s Gold Room on Tuesday.
“I have no doubt that you will make this state proud,” Cox said.
The five justices on the state Supreme Court serve 10-year terms. The chief justice holds the position for four years, while the associate chief justice serves for two.
Chief Justice Matthew Durrant supportive of Nielsen’s nomination
Before Nielsen addressed reporters, Chief Justice Matthew Durrant testified about his trust in the nomination process.
“It’s a process that ensures that only those candidates of the highest integrity who have a reputation for hard work, appropriate temperament and integrity, make their way to the governor,” Durrant said.
Durrant also described Nielsen’s work in the 3rd District Court as “extraordinary.”
“I have been on the Supreme Court for 25 years now, and for a good chunk of those years, I had a chance to see John Nielsen argue before our court, and in those 25 years, I have never seen a better oral and written advocate,” he said.
Durrant also praised Cox’s rigorous approach to the nomination process.
“I am always impressed with how much effort he invests in making sure he gets the right person in the judicial positions,” Durrant said.
Nielsen describes his judicial philosophy as ‘textualist and originalist’
Following Cox and Durrant, Nielsen said, “It’s very humbling to hear such kind words from such great men. I don’t know if anyone deserves a position like this, but I will give my best and my all in this position.”
He continued, “I have a deep respect for the court as an institution.” Nielsen referenced his many appearances before the Supreme Court as a lawyer.
Nielsen also thanked Cox, Durrant and his family for supporting him in his new position.
When asked, Nielsen described his judicial philosophy as “textualist and originalist.”
Who else was nominated as a Utah Supreme Court justice?
Before the announcement on Tuesday, Utah Sen. Todd D. Weiler, R-Woods Cross, told the Deseret News that “Gov. Cox was sent seven very qualified people from whom to choose — so I am confident that we will have an excellent nominee to the Utah Supreme Court.”
He continued, “I appreciate all of the applicants stepping up and being willing to serve in this important capacity.”
A press release from the governor’s office last month listed the following judges competing for the position:
- 5th District Court Judge Matthew Bell
- 3rd District Court Judge James Gardner
- Utah Court of Appeals Judge Ryan Harris
- 3rd District Court Judge John Nielsen
- 4th District Court Judge Derek Pullan
- Solicitor General for the Utah Attorney General’s Office Stanford Purser
- Utah Court of Appeals Judge Ryan Tenney
How a candidate is chosen
To sit on the state’s highest court, an individual must be a U.S. citizen who is at least 30 years old and has lived in the state of Utah for at least five years. They must also be a licensed attorney in the state.
Upon a vacancy, the state Judicial Nominating Commission will compile a list of nominees to submit to the governor for final decision. Cox had 30 days to decide on a candidate after receiving the list; if he hadn’t, the final say would have fallen to Chief Justice Matthew Durrant.
All judges currently sitting on the bench were appointed by Republican governors.
The Utah Senate has 60 days to confirm or reject the new appointee.
