Utah Supreme Court Justice Diana Hagen has resigned amid an investigation into an alleged affair with David Reymann, one of the lawyers who argued cases before the court, including the redistricting case.
In February, the Utah Supreme Court unanimously rejected the state legislature’s appeal of the redistricting and ordered them to use the state-ordered map.
Reymann served as one of the lawyers for the League of Women Voters of Utah, a plaintiff.
“As a public servant for twenty-six years, I am keenly aware that public service requires sacrifice,” Hagen wrote in her resignation letter. “I have willingly accepted those sacrifices for the privilege of holding a position of public trust, where I could do my part to uphold the rule of law and protect the constitutional rights of every Utahn.”
Hagen added: “I also understand that public officials are rightly held to a higher standard and must accept a greater degree of public scrutiny and diminished privacy. But my family and friends did not choose public life. They do not deserve to have intensely personal details surrounding the painful dissolution of my thirty-year marriage subjected to public scrutiny.”
Hagen recused herself from the redistricting case in September and from all related hearings.
Hagen’s decision stemmed from “renewing close friendships with Reymann and Cheylynn Hayman, another attorney who is a shareholder in the firm where Reymann works.”
Chief Justice Matthew Durrant and the Judicial Conduct Commission received the complaint last year with the allegations:
The complaint, which was obtained exclusively by KSL through a public records request, came from a Provo-based attorney who said Hagen’s ex-husband told him the justice had exchanged “inappropriate” text messages with David Reymann, one of the attorneys involved in a case about redistricting, which led to Utah getting a new congressional map.Hagen strongly denies allegations of an inappropriate relationship of any kind. Reymann also called the allegations “false.” He does outside legal work for KSL and as an attorney for the Utah Media Coalition, of which KSL is a member.The Judicial Conduct Commission conducted a preliminary investigation into the complaint and interviewed Hagen’s ex-husband but ultimately decided not to investigate further. Gov. Spencer Cox, Senate President Stuart Adams and House Speaker Mike Schultz told KSL that’s concerning.
Hayman also serves as the chair of the Judicial Conduct Commission. She recused herself from the commission’s investigation.
The decision did not please Gov. Spencer Cox, Senate President Stuart Adams, and House Speaker Mike Schultz, who launched their own investigation.
“An initial review by the Judicial Conduct Commission and the court left important questions unresolved,” the three men stated. “Allegations of this nature, especially involving public officials, must be examined with transparency and accountability to establish the facts and to maintain public confidence.”
Hagen’s ex-husband claimed the text messages between Hagen and Reymann started off as “silly” before becoming “more suggestive.”
The ex-husband did not approve of attorney Michael Worley’s filing of the complaint, but admitted it contained accurate details.
Justice Hagen told the Judicial Conduct Commission, “she was ‘faithful to my ex-husband for more than 30 years. I never engaged in extramarital sex with anyone prior to our separation.’”
“We will move forward with an independent investigation to ensure the facts are fully examined,” the Utah leaders also said. “This process will be conducted objectively and thoroughly, because maintaining trust in our institutions is essential.”
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