Utah Supreme Court justice resigns ahead of investigation into alleged relationship
May 8, 2026, 12:03 PM | Updated: 3:08 pm
Justice Diana Hagen speaks as Mormon Women for Ethical Government and League of Women Voters of Utah voters oppose the Utah State Legislature during oral arguments at the Supreme Court of Utah in Salt Lake City on Wednesday, Sept. 25, 2024. (Jeffrey D. Allred, Deseret News)
(Jeffrey D. Allred, Deseret News)
SALT LAKE CITY — Utah Supreme Court Justice Diana Hagen announced her resignation Friday.
Hagen submitted a letter of resignation to Gov. Spencer Cox, stating that she is stepping down from the high court, effective immediately, according to a press release from the governor’s office.
“It is with deep sadness that I tender my immediate resignation as a justice of the Utah Supreme Court,” Hagen wrote. “I do this with profound love and respect for my colleagues on the court, who are not only brilliant jurists but also dedicated, hard-working public servants. I sincerely regret the disruption my sudden departure will cause the court and the parties who come before it.”
The resignation follows a KSL report about a complaint against Hagen, submitted to the state’s Judicial Conduct Commission, alleging she had an improper relationship with an attorney who argued cases before the court. The attorney represented several plaintiffs in the high-profile case over Utah’s redistricting maps, which led to a new congressional map being adopted last November.
Hagen recused herself from the case last year, citing a renewed friendship with the attorney. In her resignation letter, she wrote that she “faithfully upheld my oath to the Constitution and the ethical obligations that govern our profession” during her time as a prosecutor, judge and justice.
“The governor appreciates Justice Hagen’s years of service to the state of Utah,” Cox’s office said. “Additional information regarding the process to fill the vacancy will be announced in the coming days.”
Initially, as the allegations against Hagen became public, Cox joined Senate President Stuart Adams and House Speaker Mike Schultz in announcing an independent investigation into Hagen. They said they were troubled that the Judicial Conduct Commission did not fully investigate the matter after conducting a preliminary investigation into the complaint.
Now, an investigation appears moot, as the three leaders and Chief Justice Matthew Durrant announced on Friday that they plan to review reforms to the Judicial Conduct Commission.
“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 leaders said in a statement.
Schultz and Adams issued a separate joint statement, saying they don’t plan to pursue the issue further.
“We appreciate Justice Hagen’s resignation and her willingness to step aside in the best interest of the institution,” they said. “We consider this matter related to Justice Hagen concluded and will not conduct any further investigations related to these specific allegations.”
Hagen denied any wrongdoing. She had served on the Utah Supreme Court since 2022 and would have been up for a retention election this fall. The attorney she was accused of having a relationship with called the allegations in the complaint “false.”
The allegations originally came from Hagen’s ex-husband, who said he suspected the justice began having an inappropriate relationship with the attorney around the time the couple’s marriage was deteriorating, citing text messages he said he had seen. The complaint was ultimately submitted by another attorney who spoke with the ex-husband.
In her resignation letter, Hagen she understands that public officials “are rightly held to a higher standard and must accept a greater degree of public scrutiny and diminished privacy,” but said that her family and friends “do not deserve to have intensely personal details surrounding the painful dissolution of my 30-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,” she wrote.
Durrant said in a statement that he is “saddened” by the resignation of his colleague, whom he called a “valued member” of the court.
“Before joining the bench, she prosecuted the man responsible for kidnapping Elizabeth Smart and fought for justice for crime victims,” the chief justice said. “As a justice, her intellect and abilities are only matched by her kindness and generosity. 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,” he added. “But I know that Justice Hagen will continue to lift up others in her future endeavors.”
Kim Cordova, the president of the Utah State Bar, said she was “very sad” to hear of Hagen’s resignation.
“I think the entire bar and all lawyers and judges in the state of Utah hold Justice Hagen in the highest regard, with the utmost respect,” she told KSL. “I think we are all very sad and disappointed by her resignation.”
Cordova defended the work done by the Judicial Conduct Commission and said the release of the complaint against Hagen was “inappropriate.”
The Utah Legislature recently approved adding two additional justices to the state Supreme Court, bringing the total to seven. The Appellate Judicial Nominating Commission announced 12 nominees for those new positions last month and Cox has until June to make appoint new justices.
It remains unclear if Cox can select Hagen’s replacement from that group of nominees, or if the commission will need to make additional recommendations to fill her seat.
In the meantime, judges from lower courts may be asked to fill in on hearing Supreme Court cases so the court has the proper number of justices.
Contributing: Heather Peterson
