Utah Supreme Court justice resigns amid misconduct investigation

Utah Supreme Court Justice Diana Hagen announced her resignation on Friday following allegations of misconduct and a pending investigation from top state leaders.

Hagen submitted her resignation to Utah Gov. Spencer Cox. It is effective immediately. Hagen denied allegations of wrongdoing, citing concerns for her family as the reason for her decision.

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In her brief letter, Hagen said she has upheld her “oath to the constitution and the ethical obligations” of serving in the judiciary during her time on the appeals and high courts.

Hagen framed the resignation as an effort to protect the privacy of her family and friends, and to avoid public scrutiny of the details surrounding her recent divorce.

“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,” she said.

What are the allegations?

Tension between Utah’s executive, legislative and judicial branches of government reached a new high earlier this month when Cox and legislative leadership announced they would launch an investigation into alleged misconduct by Hagen.

A complaint to the Judicial Conduct Commission contained allegations that Hagen had engaged in an improper relationship with an attorney who argued before the court in the case challenging the Legislature’s congressional map.

Hagen denied any wrongdoing, saying she recused herself from the redistricting case to avoid a potential conflict of interest. The court issued a statement saying the complaint was dismissed and should never have been released.

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Cox suggested during a televised press conference last month that the Judicial Conduct Commission — composed of several appointed state lawmakers, judges, lawyers and members of the public — had not taken the allegations seriously enough.

In a joint statement on Friday, Cox, state Senate President Stuart Adams and House Speaker Mike Schultz and Utah Supreme Court Chief Justice Matthew Durrant addressed concerns about the state of judicial accountability in the state of Utah.

“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.

Adams and Schultz said in a separate statement that they appreciated Hagen’s decision to resign, which they said was best for the institution. There will no longer by a further investigation related to the specific allegations, the statement said.

A higher standard of conduct

During his press conference last month, Cox said a timeline for the investigation into Hagen’s conduct was still uncertain. But, depending on the results, Cox said he would be willing to consider voting “no” in her retention election or supporting her impeachment.

“When you sign up to be a judge in this state, you get held to a higher standard. Period. Everyone knows this. This is part of the deal. If you want your personal life to always be personal, then don’t be a judge.” Cox said.

Based on conversations with Hagen’s ex-husband, Tobin Hagen, the complaint alleged the justice and attorney David Reymann exchanged “suggestive” texts. Hagen and Reymann denied there was an inappropriate relationship.

However, Hagen cited close friendships, including with Reymann, as the reason for later voluntarily disqualifying herself from the case.

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Reymann has represented plaintiffs before the Utah Supreme Court in the redistricting case that resulted in new electoral boundaries last fall. Reymann has also worked as an attorney for the Deseret News and for the Utah Media Coalition, of which Deseret News is a member.

State Sen. Todd Weiler, R-Woods Cross, has since come out to say Hagen and Reymann’s relationship was a well known fact in Utah’s legal community, and one that Hagen did not try to hide at multiple social gatherings.

At the Utah Republican Party’s nominating convention in April, GOP chair Rob Axson launched a campaign to mobilize members to vote “no” on Hagen and Justice Jill Pohlman’s upcoming retention elections in November.

On Friday, Axson confirmed the party is still calling on Utahns to oust Pohlman based on her support of the 2024 decision that ultimately allowed a judge to overrule the Legislature’s redistricting authority.

“The resignation of Diana Hagen is a positive step for those of us who have demanded greater constitutional restraint and accountability from Utah’s judiciary,” Axson said. “Judges who disregard the Constitution have no business serving on the bench, and Utah will do better with judges committed to constitutional deference.”