McHugh was born in 1957, in Abington Township, Montgomery County, Pennsylvania while her parents were visiting her paternal grandparents.

Then, during her freshman year of high school, the family moved again to accommodate her father's career, relocating to Salt Lake City, Utah.

In 1975, McHugh graduated from Judge Memorial Catholic High School in Salt Lake City, where she participated in sports, student government, drill team, yearbook, and other activities.

[citation needed] McHugh continued her education at the University of Utah, where she earned her Bachelor of Arts degree, magna cum laude, in 1978.

She received her Juris Doctor in 1982, graduating Order of the Coif,[3] serving as an editor of the Utah Law Review.

During her private legal career, McHugh concentrated her practice in complex commercial litigation, in areas including antitrust, construction, environmental, real estate, financial lending, and title insurance.

Throughout that time, McHugh also maintained an active pro bono practice, assisting persons of limited means with a variety of legal issues, including family law and minor civil matters, while also serving as a court-appointed guardian ad litem.

In 2010, the Chief of Justice of the Utah Supreme Court appointed McHugh to serve as a member of the Judicial Conduct Commission to fill the vacancy created when her colleague, Judge Russell Bench, retired on December 31, 2009.

Birch's policy with Fire Exchange provided coverage for the full replacement value of the damaged property, subject to a $500 deductible.

When Fire Exchange refused to forward the additional 5% to Birch, he initiated a class action in the district court on behalf of himself and other similarly situated policyholders.

Birch claimed that Utah Supreme Court precedent required that he be “made whole” before Fire Exchange could retain any amounts obtained through subrogation.

Due to his insurance contract with Fire Exchange, Birch was entitled to more than the value of the property when it was destroyed in replacement value, minus his deductible.

Next, the Court of Appeals held that ERISA did not preempt Utah's mechanics’ lien and private bond statutes.

Finally, the appellate court determined that the fringe benefits were part of the value of labor or services provided on the project and, therefore, could be recovered under the statutes.

She has served as a master of the bench in the American Inns of Court program and has completed training as a Fellow of the Advanced Science & Technology Adjudication Resource Center.