In 1971, following the resignation of Morell Edward Sharp, Evans appointed Utter to the Washington Supreme Court; he was sworn in on December 20, 1971, at the age of 41. Utter served for 23 years on the Washington Supreme Court, as chief justice from 1979 to 1981. Utter was 48 years old when he assumed the role of Chief Justice, making him at the time the youngest Chief Justice in the history of Washington State. That year, he was criticized by members of the Washington State Prosecuting Attorneys' Association as being overly "soft on crime". The prosecutors felt that Utter was too quick to throw court cases out on technicalities, letting "criminals go free". In 1978, Utter dissented from the majority opinion in State v. Riker, arguing that evidence that Riker suffered from "battered woman syndrome" should have been admitted in the case. His dissent was characterized as "establish[ing] a battered woman’s right to self-defense" in The Seattle Times.
