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Senate Advances Joint Resolution Allowing One-Time Peremptory Judge Disqualification in Civil Cases
Summary
The Senate read Joint Resolution 5 for a third time after debate and discussion about applying a one-time peremptory judge disqualification without cause (limited to civil cases and counties with at least seven judges); the roll call was announced as 20‑4 with five absent.
Senator Cullimore presented Second Substitute Joint Resolution 5 on March 2, a proposal to amend the rules of civil procedure to permit a one‑time peremptory disqualification of a judge without cause in certain civil cases.
“The rules do provide that litigants can either…ask a judge to be recused for cause,” the sponsor said, then clarified the resolution would allow “either side” a one‑time challenge without cause, limited to civil cases and counties that have at least seven judges. Senator Henderson and others questioned whether a one‑time peremptory challenge would be per case and how the change would affect smaller jurisdictions; the sponsor said the rule was intended for more populous counties along the Wasatch Front and that courts raised logistical concerns for rural areas.
Senator Cullimore noted that changing rules of civil procedure requires a two‑thirds legislative vote under the Utah Constitution and said he might call the Senate back the next day to complete that requirement. After debate, the Senate recorded a roll call; the president announced the resolution to be read for a third time with 20 yea votes, 4 nay votes and 5 absent.
If enacted, the resolution would change civil‑procedure rules to permit a single, per‑case judge disqualification without cause in limited counties; the transcript records questions and concerns from senators about fairness to smaller jurisdictions and the potential for judge‑ or venue‑shopping.
