Utah Supreme Court Justice Diana Hagen resigns amid investigation into alleged affair

Utah Supreme Court Justice Diana Hagen resigned Friday amid a looming state investigation into allegations that she had an inappropriate relationship with an attorney who argued in court, citing the impact of increased scrutiny on her family.

Judge Hagen submitted her letter of resignation to Gov. Spencer Cox effective immediately, according to the governor’s office. She has served on the Utah Supreme Court since 2022.

“It is with deep sadness that I submit my immediate resignation as a Justice of the Utah Supreme Court,” Justice Hagen wrote, adding that she regrets “the disruption my sudden departure will cause to the court and the litigants who appear before it.”

The resignation follows a KSL report about a complaint filed with the state Judicial Conduct Commission alleging she had an inappropriate relationship with David Reymann, an attorney who represented plaintiffs in Utah’s high-profile redistricting case, which resulted in the passage of a new congressional map last November. Judge Hagen recused herself from the case last year, citing a renewed friendship with Mr. Reymann. Judge Hagen and Mr Reymann have denied any wrongdoing, with the lawyer calling the allegations “false”.

The Commission on Judicial Conduct had already conducted a preliminary investigation and dismissed the complaint, finding there was insufficient evidence to proceed. But Mr. Cox, Senate President Stuart Adams and House Speaker Mike Schultz had announced plans to open an independent investigation, saying they were troubled by the commission’s failure to delve into the matter.

The allegations came from Judge Hagen’s ex-husband, who told another lawyer that he suspected the judge had begun an inappropriate relationship with Mr. Reymann as their marriage was deteriorating, referring to text messages he said he had seen. This lawyer filed a formal complaint.

In her resignation letter, Judge Hagen said she understands that public officials “are rightly held to higher standards and must accept a greater degree of public scrutiny and reduced privacy” but said her family and friends “do not deserve to have extremely personal details surrounding the painful dissolution of my 30-year marriage subject to public scrutiny.”

“I would love nothing more than to continue to serve the people of Utah as a Supreme Court justice,” she wrote, “but I cannot do so without sacrificing the privacy and well-being of those I care about and the efficient operation and independence of Utah’s judicial system.” »

With this resignation, the planned independent investigation appears moot. Mr. Cox, Mr. Adams, Mr. Schultz and Chief Justice Matthew Durrant issued a joint statement saying the branches would work together on possible reforms to the Commission on Judicial Conduct. Mr. Adams and Mr. Schultz separately said they would not pursue the matter further.

“We appreciate Judge Hagen’s resignation and his willingness to step aside in the best interests of the institution,” they said. “We consider this matter related to Judge Hagen to be concluded.”

Judge Durrant called the departure a loss for the court. Before joining the bench, he noted, Judge Hagen prosecuted the man responsible for the kidnapping of Elizabeth Smart. “Judge Hagen took every opportunity to meet with school groups, mentor young attorneys and connect with members of the public,” he said. “It’s a loss for the judiciary.”

Kim Cordova, president of the Utah State Bar, said she was “very sad” to learn of the resignation and defended the Judicial Conduct Commission’s handling of the matter, calling the release of the initial complaint “inappropriate.”

Judge Hagen was scheduled to run for retention election this fall. The Utah Legislature recently expanded the number of justices on the Supreme Court to seven justices, and the Appellate Judicial Nominating Commission last month announced 12 nominees for the new seats. It remains unclear whether Mr. Cox can fill Judge Hagen’s vacancy from this existing pool of candidates or whether the commission must make additional recommendations.