Utah lawmakers alter court structure after unfavorable rulings
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After a string of high-profile legal defeats, Utah lawmakers have undertaken sweeping structural changes to the state's courts in what critics are calling a "brazen" power grab.
Why it matters: Those measures have already affected ongoing court cases where the state has faced unfavorable rulings on abortion, gerrymandering, air pollution and preserving the Great Salt Lake.
Driving the news: In the session's final days, GOP lawmakers changed course on a controversial measure that created alternate, three-judge panels to decide lawsuits over the constitutionality of state statutes.
Catch up quick: In February, lawmakers gave themselves, the governor and the state attorney general the power to convene the panels, effectively allowing the state to switch courts at will when sued.
- That gave the state a potential second chance when its laws appear to be faltering in the normal court process.
The intrigue: Days after Gov. Spencer Cox signed the measure, the AG's Office began convening the panels in multiple ongoing lawsuits — and was promptly sued by the plaintiffs, who say the new courts are, themselves, unconstitutional.
- A key argument was that only the state could demand the panels, putting other parties at a disadvantage.
The latest: A new bill passed Friday would allow any party in a lawsuit addressing constitutionality to convene the panels for a $1,500 fee.
Yes, but: If the three-judge panels are ruled unconstitutional, the bill would trigger the creation of a new "Constitutional Court," where all constitutional cases would automatically be sent.
- Unlike the three-judge panels, which are comprised of district court judges chosen at random in a rotation, the three Constitutional Court judges would be nominated by a commission appointed by the governor.
The bottom line: If the plaintiffs prevail in their complaints over having their cases moved to the new panels, the consequence would be to face yet another court appointed with political influence, per a statement by the Utah State Bar.
Context: The last-minute bill comes after lawmakers expanded the Utah Supreme Court from five to seven justices over the objections of the chief justice.