New Utah Supreme Court justice pledges to be ‘a voice of reason and respect’ in ‘a contentious time’

Third District Judge John Nielsen speaks during the announcement of his appointment to the Utah Supreme Court. (Alixel Cabrera/Utah News Dispatch)

With tension ongoing between Utah’s Legislature and judiciary, the Utah Senate confirmed Judge John Nielsen as the state’s newest Supreme Court justice in a party-line vote.

Following this week’s 19-6 vote, Gov. Spencer Cox’s nominee thanked state leaders and his family for entrusting him with the role.

“We live in a contentious time, but it’s my hope to be a voice of reason and respect. I deeply love this state, my lifelong home. I love the law and I love the court, and I will do my utmost to ensure a legacy of trust. I pledge my best efforts and gratefully accept this weighty responsibility,” Nielsen said in his brief remarks.

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Nielsen, who described his judicial philosophy as “textualist” and “originalist” at the news conference announcing his nomination, was well received by Republicans who have been quick to accuse judges of “judicial activism” in rulings they disagree with.

Democrats, meanwhile, flagged his role in some of the state’s most heated political lawsuits, including over abortion and transgender student sports participation.

Sen. Stephanie Pitcher, D-Salt Lake City, a member of the Senate Judicial Committee, highlighted Republican lawmakers’ criticism of the judiciary and said she would prefer a candidate who could be a check on the Legislature and an unbiased arbiter.

While Pitcher praised Nielsen’s legal experience, she said his appointment “feels like we are injecting politics into the appointment process, and that is not our role.”

“I find him to be incredibly intelligent, but his background does not inspire much confidence with litigants or the public that we are selecting someone who will be fair, neutral and unbiased,” Pitcher said.

Sen. Brady Brammer, R-Pleasant Grove, pushed back on those criticisms, saying that in the years they have known each other since attending law school together at Brigham Young University and throughout Nielsen’s “stellar legal career,” there have been no claims that Nielsen has done anything improper or that he lacks experience.

The criticism is “not pointing to his impartiality as a judge, which has not been questioned. It’s not going to any of his qualifications. It is solely on the basis of partisanship without regard to whether or not he can be an impartial justice,” Brammer said. “Are we ready to say that ‘because you represented a client that I disfavor, you are no longer allowed to be on the bench?’” 

When Nielsen was nominated, Utah Supreme Court Chief Justice Matthew Durrant praised Nielsen’s selection and his abilities in the courtroom, which he said he has witnessed numerous times in the past 25 years.

“And in those 25 years, I have never seen a better oral and written advocate. His writing has always been impeccable, honest, to the point,” Durrant said.

The governor appointed Nielsen to the 3rd District Court in September 2024 after his work in different private ventures — including a joint firm with former Utah Associate Chief Justice Thomas Lee, Sen. Mike Lee’s brother. Nielsen also worked 11 years as solicitor general in the Utah Attorney General’s Office, and years as an adjunct associate professor at the University of Utah.

He replaces outgoing Associate Chief Justice John Pearce, who is retiring Dec. 1.

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