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Utah Senate approves district-court amendments creating three-judge panels; companion civil-procedure resolution also clears the Senate
Summary
The Utah Senate passed third substitute House Bill 392, moving to allow three-judge panels and other district-court amendments; the companion joint resolution to amend civil-procedure rules also passed and will go to the House.
Senator McKell opened debate on third substitute House Bill 392, saying, "We've had a lot of discussion about this bill and and the purpose of having a constitutional court." The measure, described by supporters as aligning state procedure with federal practice for certain cases, passed on a roll-call vote: 22 yay, 7 nay.
Opponents said the change risks concentrating power in the legislature's relationship with the judiciary. "I would speak against this bill," Senator Lewin said during roll call, arguing the measure "feels like we need to step into the court's business." Supporters countered that the text creates an implementable structure and follows existing precedent for multi-judge panels.
Senator Brammer presented a companion measure, Second Substitute Senate Joint Resolution 5, to amend the Utah Rules of Civil Procedure to create the procedural mechanism for the change; he said it "provides the court procedure to implement what we just voted on and passed." The resolution also passed the Senate (21 yay, 7 nay, 1 absent) and will be transmitted to the House.
The Senate appointed a conference committee earlier in the day on unrelated House-Senate disagreement, but House Bill 392 and the joint resolution moved forward on formal roll-call votes. The bills will be transmitted back to the House for further consideration and any required follow-up action.
