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House approves bill letting either party move constitutional challenges to three‑judge panels, sets $1,500 removal fee
Summary
The House passed third substitute HB 366 to let either party remove eligible constitutional challenges to a three‑judge panel if three criteria are met; sponsors said the $1,500 removal fee reflects the increased judicial resources, while opponents warned it could discourage meritorious suits.
Representative Tasha Tesher, sponsor of the third substitute of House Bill 366, told the Utah House on March 5 that the bill allows either party to remove certain cases to a three‑judge panel when: the case challenges the constitutionality of a state statute or provision of the Utah Constitution; the party seeks declaratory or injunctive relief; and the action is against a state entity or official in their official capacity. Tesher said the change corrects earlier asymmetry that…
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