Former Justice Urges Voters to Retain Utah Judges
Diana Hagen advocates for judicial independence as retention votes approach amid legislative disputes.
Updated on Oct. 28, 2026 in Criminal Justice
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Former Utah Supreme Court Justice Diana Hagen is publicly urging voters to retain judges in the upcoming election. Her appeal comes as Republican leaders launch a campaign to unseat Associate Chief Justice Jill Pohlman.
Why it matters
The campaign against Justice Pohlman follows recent high-profile court rulings on redistricting and abortion that conflicted with legislative goals. Supporters of the judiciary argue for maintaining a non-political bench as required by the state constitution.
Associate Chief Justice Jill Pohlman is the only supreme court justice on the ballot for retention. Meanwhile, the Judicial Performance Evaluation Commission has formally found Weber County Justice Court Judge Trent Nelson does not meet performance standards.
The players
Diana Hagen
She is a former Justice of the Utah Supreme Court who resigned earlier this year.
Jill Pohlman
She serves as the Associate Chief Justice of the Utah Supreme Court and is the only justice facing a retention vote this year.
Burgess Owens
He is a U.S. Representative who publicly urged voters to reject the retention of Justice Jill Pohlman.
Utah Eagle Forum
This organization is a conservative advocacy group that has urged its supporters to vote against the retention of Justice Jill Pohlman.
Trent Nelson
He is a Weber County Justice Court Judge who was determined by the Judicial Performance Evaluation Commission to not meet performance standards.
The details
Republican leaders and the Utah Eagle Forum have targeted Justice Pohlman due to the court's July 2024 rulings. While judges in Utah are restricted from campaigning for themselves, proponents of the current system emphasize that the nominating process remains bipartisan.
Timeline
2018: Voters approved Proposition 4 to ban partisan gerrymandering.
2021: Legislators adopted congressional maps ignoring the redistricting commission.
July 2024: The Court issued opinions on redistricting and abortion cases.
April 2026: GOP Chair Rob Axson urged voters to unseat justices.
November 3, 2026: General Election Day.
Legal Context
This judicial retention dispute follows the principles of non-political selection outlined in the Utah Constitution, which establishes the framework for how judges are vetted. The current campaign against justices marks a departure from the traditional application of this framework.
Voters will decide the composition of the judiciary on the November 3 ballot, which directly impacts the state's legal oversight. Residents are encouraged to review the performance evaluations provided by the Judicial Performance Evaluation Commission before casting their votes.
The takeaway
The upcoming retention vote highlights the ongoing tension between judicial independence and legislative oversight in state government. Voters are encouraged to consult official judicial performance reports to make informed decisions regarding their local and state judges.
Further reading
Learn more about the state's judicial system at Utah Criminal Justice.
Source note: This article includes information reported by KPVI.
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Should local judges be retained based on their legal rulings, regardless of political opposition?
