Occupational Licensing Reform: A Solution to Retention and Attraction of Qualified Judges in Utah

In his State of the Judiciary speech, Utah Supreme Court Chief Justice Matthew Durrant asked lawmakers to consider giving Utah judges a pay raise to prevent low retention rates and create an opportunity for more motivated and qualified individuals to pursue judge positions.

While pay raises may provide a short-term solution, it may not address the root cause of the problem. The reality is that attorney salaries in Utah have gone up due to remote work opportunities, making it difficult for the judiciary to compete as a workforce competitor. This, in turn, leads to difficulties in retaining judges and attracting new, qualified applicants. However, occupational licensing reform could provide a more sustainable solution to address these issues.

Occupational licensing reform, specifically changing the rule requiring attorneys in private or public practice to have been working full time to be admitted to practice law in Utah without retaking the bar exam, could provide a more effective solution for retention and attracting qualified individuals to pursue judge positions in comparison to large pay raises that exceed the Elected Official and Judicial Compensation Commission’s recent recommendation.

This change would also help alleviate the state’s backlog of court cases as more attorneys could easily move to the state. This backlog is causing delays and could even pose violating citizens’ constitutional right to a timely trial. This is a troubling issue as it not only affects citizens’ rights but also puts a strain on the system, leading to potential problems of retention of judges and legal representation for the citizens.

Currently, Utah is one of the few states that requires attorneys in private or public practice to have been working full time to be admitted to practice the law in Utah without retaking the bar exam. This rule means that when most licensed, part-time attorneys from a different state move to Utah, they must take the bar examination again to be able to serve clients.

This rule is misguided in that it might not offer the level of consumer safety it intends to but instead creates barriers for part-time attorneys. This group of attorneys practicing part-time largely includes mothers moving to Utah, who may have years of experience practicing law but voluntarily reduced their hours to care for their children. This limits the state’s ability to attract a large part of the labor market and results in a shortage of legal representation for the citizens.

Furthermore, this occupational licensing reform would promote diversity and inclusion within the legal profession, as it would not discriminate against attorneys who choose to work part time or take a hiatus from the profession.

While pay raises may provide a short-term solution, occupational licensing reform could provide a more sustainable and effective solution to address the issues of retention and attraction of qualified individuals to pursue judge positions. This would lead to a more efficient and equitable justice system for the citizens of Utah.