SALT LAKE CITY — Utah Supreme Court Justice Diana Hagen has resigned from the bench.
In a letter sent to Governor Spencer Cox and shared with FOX 13 News, Justice Hagen referenced the investigation sought by Utah political leaders. She had faced questions of an inappropriate relationship with lawyers who worked on the redistricting lawsuit (Justice Hagen recused herself after renewing friendships).
"For the last three decades, I have worked to earn a reputation for professionalism, fairness, and integrity. Throughout my career as a prosecutor and over the last nine years on the bench, I have faithfully upheld my oath to the Constitution and the ethical obligations that govern our profession," she wrote.
"As a public servant for twenty-six years, I am keenly aware that public service requires sacrifice. I have willingly accepted those sacrifices for the privilege of holding a position of public trust, where I could do my part to uphold the rule of law and protect the constitutional rights of every Utahn. I also understand that public officials are rightly held to a higher standard and must accept a greater degree of public scrutiny and diminished privacy. But my family and friends did not choose public life. They do not deserve to have intensely personal details surrounding the painful dissolution of my thirty-year marriage subjected to public scrutiny."
"I would love nothing more than to continue serving the people of Utah as a Supreme Court Justice, but I cannot do so without sacrificing the privacy and well-being of those I care about and the effective functioning and independence of Utah’s judiciary."
Justice Hagen's resignation is effective immediately.
"The governor appreciates Justice Hagen’s years of service to the state of Utah," Gov. Cox's office said in a statement.
With her resignation, Senate President J. Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper, said they would drop their demands for an investigation.
"We appreciate Justice Hagen's resignation and her willingness to step aside in the best interest of the Institution. We consider this matter related to Justice Hagen concluded and will not conduct any further investigations related to these specific allegations," they said.
Chief Justice Matthew Durrant said he was saddened by her resignation.
"She was a valued member of the judiciary. Justice Hagen has dedicated her legal career to public service. Before joining the bench, she prosecuted the man responsible for kidnapping Elizabeth Smart and fought for justice for crime victims. As a Justice, her intellect and abilities are only matched by her kindness and generosity," he said in a statement. "Justice Hagen took every opportunity to meet with school groups, mentor young lawyers, and connect with members of the public. This is a loss for the judiciary. But I know that Justice Hagen will continue to lift up others in her future endeavors."
Judicial watchdog groups were critical of the Utah State Legislature, accusing them of forcing a respected justice out the door.
"The legislature got what they wanted. They harassed a judge, a sitting judge," said Teneille Brown, the president of Co-Equal, a group that seeks to educate the public on the importance of an independent judiciary.
Brown said the resignation of Hagen will have a chilling effect others who might want to be a judge in the future and could result in fewer women and people from different backgrounds coming forward to apply. She urged people who are concerned about it to vote for candidates who support the rule of law and condemn harassment of judges.
"We all benefit when we have an independent judiciary. It’s not just high-falootin' cases around appeals with the constitution. It’s your divorce, your eviction, your business contract. If you have just a political rubber stamp who's doing whatever the political powerful elite want them to do then now you have three branches of government who are politicized," Brown told FOX 13 News.
One plaintiff in a high-profile case before the Utah Supreme Court said he is concerned about what happens next.
"They’ve made it more difficult for cases like ours before the Supreme Court to prevail. They’re basically leaving no stone unturned to try and tilt the scales in their favor on multiple fronts," said Dr. Brian Moench of Utah Physicians for a Healthy Environment, which is suing the state over its handling of the Great Salt Lake.
Dr. Moench said he had no concerns over Justice Hagen potentially hearing his case, like he doesn't with the other justices. But he disagrees with the legislature's interference in the form of numerous bills that he said undermined the judiciary.
"These kinds of manipulations of the system do make it harder for citizen groups like ours to really represent the public in the way they should be," he told FOX 13 News.
In a joint statement issued shortly after Justice Hagen submitted her resignation, Chief Justice Durrant, Speaker Schultz, Gov. Cox, and Senate President Adams announced they would work together on "reforms" to judicial conduct issues.
"The judicial, executive, and legislative branches are committed to working together on potential reforms to the Judicial Conduct Commission—ensuring it upholds the highest standards of accountability and earns the confidence of the people of Utah," the statement said.
The Utah State Bar, the group that certifies lawyers and advocates for the judiciary, said it would be watching.
"The Utah State Bar is deeply saddened by the resignation of Utah Supreme Court Justice Diana Hagen, whose integrity, intellect, and unwavering commitment to the rule of law have distinguished her service," the group said. "Regarding the joint statement issued by the executive, legislative, and judicial branches, the Bar recognizes the multi-branch commitment to reviewing potential reforms for the Judicial Conduct Commission (JCC). While the Bar does not have any involvement with the JCC, we welcome the opportunity to participate in the reform process if invited."
With Justice Hagen's resignation, Governor Cox will have three new justices to put on the bench. The Utah State Legislature passed a bill this year expanding the Supreme Court's membership to seven justices.
Read Justice Hagen's letter of resignation here:
