Legal professionals protest against bills that seek to reshape Utah's judicial branch

Yahoo

27-02-2025

SALT LAKE CITY () — Several bills proposed in the 2025 legislative session are looking to reshape Utah's judicial branch — but hundreds of attorneys, judges, and legal professionals gathered on Wednesday to say that would be attacking the separation of powers.
More than 900 attorneys across the Beehive State signed a letter urging lawmakers to reject a handful of different efforts to reform the judiciary.
LEARN MORE: 7 key ways the Utah legislature could change the judiciary
'S.B. 203 and SJR 9 will make it harder for Utahns to challenge unconstitutional laws, stripping away one of the few tools that everyday people in Utah have to hold their government accountable,' one protester said.
'We have a good judiciary,' Rep. Grant Amjad Miller (D – Salt Lake City) said. 'We shouldn't change it. We should keep it.'
The bills they were opposing range from the makeup of the state's Supreme Court to setting up a process for lawmakers to make retention recommendations for judges on the ballot.
'The legislature has an important role to serve — that role is in making laws, not in telling each of us how to vote in judicial retention elections,' University of Utah law professor Christopher Peterson said.
State Sen. Daniel Thatcher (R) said he has never seen the judicial branch weigh in on legislation. Senate leaders say it is within their constitutional right to change the judiciary, arguing that changes are about the best policy — and an effort to speed up the judicial process.
Legal professionals who signed the letter and protested at the State Capitol voiced their disapproval of the following bills and resolutions:
, 'Boards and Commissions Revisions,' and , 'Judicial retention changes.'
, 'Judicial Election Amendments.'
, 'Judicial Standing Amendments.'
, 'Legislative Audit Amendments,' and , 'Joint Resolution Amending Court Rules of Procedure and Evidence.'
, 'Joint Resolution Amending Rules of Civil Procedure on Injunctions'
, 'Judicial Amendments.'
, 'Right to Appeal Amendments.'
ABC4.com has previously discussed some , including changes that could come from HB 512, HB 451, SB 203, SJR 009, SB 296, and SB 204. A more is also available on ABC4.com.
Protesters on Wednesday called to 'keep politics out of the courtroom.'
HB 412 would amend several sections of the Utah Code and change requirements for limiting members of a political party to be on 'certain boards, commissions, committees, and councils.' The language of the bill suggests removing constraints to control how many members of a political party may be on a commission.
HB 512 sets up the 'Joint Legislative Committee on Judicial Performance,' outlines its makeup, and directs the Lt. Governor's office to put 'any retention recommendation from the (committee) for a judge or justice who is listed on the ballot.'
HB 451 would raise the threshold for a judge to be retained. According to the language in the bill, it proposes requiring judges to receive at least 67% of the vote to retain their office. However, opponents argue that the bill would create 'extra barriers' to prevent some judges from keeping their positions.
SB 203 looks to (people different from the plaintiff) and add requirements for when an association can bring a case on behalf of its members. Critics argue this would make it harder for 'everyday Utahns' to challenge laws.
SB 154 seeks to make changes related to the disclosure of confidential information. The bill proposes, in part, that the disclosure of confidential information would be authorized if requested by the legislative auditor. Refusal to disclose a 'privileged item' would require a written statement explaining why that information was withheld.
The passage of SB 154 is attached to the passage of SJR 004 — if SJR 004 does not pass, SB 154 would not be enacted. SJR 004 seeks to make amends to several rules of civil procedure, including (but not limited to) attorney-client privilege and waiving that privilege in relation to a legislative audit.
SJR 009 would put a 28-day stipulation on parties challenging potentially unconstitutional laws and seeking an injunction. They would need to do so within 28 days from the time the legislature adjourns.
'By limiting this timeframe, it makes it harder for citizens to fight back against unfair laws,' opponents argue.
SB 296 would allow vacancies in the high court and court of appeals to be filled by appointment of the Governor and confirmation by the Senate — a process used now to confirm each of Utah's judges. Opponents argue the bill 'allows politics to dictate court leadership.'
SB 204 would allow defendants to appeal an injunction when a trial court rules that a law must be paused or not enacted because it's potentially unconstitutional. Sen. Brady Brammer (R – Pleasant Grove) has previously told ABC4.com this proposal aims to address the 'overuse' of injunctions in lower courts, particularly on laws passed by the legislature and signed by the governor.
Derick Fox contributed to this report.
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