Utah Supreme Court rehearing bolsters legislative authority in Judicial Conduct Commission ruling

The Utah Senate heard from legislative counsel on a Supreme Court rehearing the body said clarifies the separation of powers and affects legislators’ membership on mixed boards including the Judicial Conduct Commission. Gaye Taylor, legislative counsel who participated in arguing the case, told the chamber the rehearing produced a three-part test and "it appears that it's a complete victory for checks and balances in state government."

Taylor summarized the court’s three questions: whether the challenged act is an exercise of power; whether the Constitution expressly provides for that service; and whether the function performed is a core judicial function. She said the court’s answers generally allow legislative appointments and service where the function is not a core judicial role. "They also provided clarity with regard to mixed boards," Taylor said, noting the opinion should resolve questions legislators and staff have faced this session.

Senator Suazo, who served on the Judicial Conduct Commission, said the ruling relieved her and others who "will abandon a bill that I had there, as a plan B," and expressed appreciation for counsel and the court. Senate leaders encouraged members to read the majority opinion, the chief justice’s concurrence and the dissent to understand the full reasoning.

The explanation came after the Senate resolved into the Committee of the Whole to hear legal staff and to acknowledge the counsel and staff who represented the legislature in the case. Senators said the decision will have follow-on effects across boards and commissions and recommended that members and staff review the court papers before introducing or advancing related legislation. The matter was an informational floor presentation; no formal legislative action on implementation was taken during the session.