In a rare and candid Continuing Legal Education (CLE) discussion, current and former members of Utah’s judiciary offered attorneys an inside look at judicial service, emphasizing the importance of judicial independence, public trust, and encouraging qualified lawyers to consider serving on the bench.
The panel featured Judge Don Torgerson of the Seventh District Court, Judge Patricia C. Kuendig of the Third District Court, retired Third District Judge Barry Lawrence, and former Utah Supreme Court Justice Diana Hagen. Together, they shared personal experiences from the bench with 391 lawyers in attendance in person and virtually, discussed Utah’s judicial selection process and addressed common misconceptions about how judges make decisions.
The conversation comes at an important time for Utah’s judiciary. Several judicial districts have experienced significant turnover in recent years, creating opportunities for experienced attorneys to pursue judicial service and helping ensure that Utah’s courts continue to be staffed by highly qualified, ethical and dedicated judges.
“I am grateful to Judges Don Torgerson, Patricia C. Kuendig and Barry Lawrence, and former Justice Diana Hagen for their willingness to candidly share their experiences with fellow attorneys,” said Utah State Bar President Kim Cordova. “Judicial service is one of the most important ways lawyers can serve the public, yet many attorneys never have the opportunity to hear firsthand what life on the bench is really like.”
She continued, “Their openness provided valuable insight into the responsibilities, rewards and challenges of judicial service, while reinforcing an essential truth: Utah’s judiciary is an independent branch of government dedicated to applying the law, protecting individual rights and preserving the constitutional system of checks and balances. Conversations like these strengthen confidence in our courts and inspire the next generation of judges to answer the call to serve.”
Throughout the discussion, which occurred on Monday at the Utah Law & Justice Center, panelists emphasized that Utah’s judicial appointment process is rigorous and merit-based. Judge Kuendig, who was appointed to the Third District Court earlier this year, described multiple rounds of interviews with the Judicial Nominating Commission and the Governor’s Office, saying the questions focused on legal experience, judicial philosophy, fairness, integrity and professional judgment, and not political ideology.
Former Justice Hagen echoed those sentiments, explaining that after applying multiple times before her appointment to the Utah Court of Appeals and later the Utah Supreme Court, she found the process both thorough and fair.
The panel also addressed a common misconception that judges decide cases based on political pressure or public opinion.
Retired Judge Lawrence acknowledged that judges are aware when cases receive public attention but emphasized that judicial ethics require judges to decide cases based solely on the law and the facts presented in court.
Judge Torgerson referred to Rule 2.2 of the Utah Code of Judicial Conduct, titled “Impartiality and Fairness.” It is one of the foundational ethical obligations for every Utah judge and states, “A judge shall uphold and apply the law and shall perform all duties of judicial office fairly and impartially.” He reinforced that point, explaining that judges regularly examine their own reasoning to ensure every decision is grounded in the law rather than outside influence.
“Our job is to apply the law fairly for everyone,” Judge Torgerson said. “Regardless of public opinion or a person’s position or influence, every litigant deserves due process and a fair hearing.”
Justice Hagen noted that appellate judges often decide narrow legal questions rather than broad policy debates, explaining that public discussion frequently centers on what people believe the law should be, while judges are constitutionally obligated to determine what the law actually requires.
Panelists also discussed the realities of judicial service, including steep learning curves, demanding workloads, restrictions on political activity, and the increasing number of threats directed toward judges nationwide. While acknowledging these challenges, each speaker described judicial service as one of the most rewarding careers in the legal profession.
Judge Torgerson described the opportunity to thoughtfully resolve disputes, improve access to justice and ensure every person feels heard in court as among the profession’s greatest rewards.
Justice Hagen reflected on the unique opportunity judges have to develop Utah law, mentor future lawyers, educate the public about the judicial system and strengthen civic understanding.
Retired Judge Lawrence encouraged attorneys from all backgrounds to consider judicial service, emphasizing that a judiciary reflecting the diversity of the communities it serves strengthens both the courts and public confidence in the justice system.
The panel concluded by encouraging attorneys not to count themselves out of the application process.
“Our system is built by human beings,” Judge Kuendig said. “We need conscientious, ethical people who care about the rule of law. Don’t self-select out. Give yourself the opportunity to serve.”
The CLE was presented as part of the Utah State Bar’s ongoing commitment to educating lawyers about judicial service, strengthening public confidence in the courts, and encouraging qualified attorneys to help preserve an independent judiciary for future generations.
About the Utah State Bar
Established in 1931 and operating under the authority of the Utah Supreme Court, the Utah State Bar regulates and supports the legal profession in the state. With over 12,000 licensed attorneys, the Bar is committed to promoting a justice system that is accessible, understood, valued, and respected. Governed by a Commission of elected attorneys from Utah’s judicial districts, the Bar provides resources, education, and support to enhance the professional practice of its licensees and upholds the public’s trust in the legal system.
