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County counsel preparing amicus brief in Utah Article IV litigation, board to review draft
Summary
County legal staff told the commission they are preparing a friend-of-the-court brief limited to whether the Supreme Court should take jurisdiction; a merits amicus could follow if certiorari is granted. Staff expects an outline/draft for commissioners in mid-October.
County counsel reported the administration is preparing an amicus brief in the Utah litigation asking the U.S. Supreme Court to accept the case; the current filing will be limited to jurisdictional questions (whether the court should hear the case). Counsel said if the court takes the case, the county could prepare a second amicus addressing the merits of the Article IV arguments.
Commissioners asked whether the materials Gardner raised in public comment could be incorporated into the county's submission; counsel said staff will review submitted materials and present a draft brief back to the board. Counselor staff indicated an outline and draft should be available for board review in roughly two weeks, with a fuller draft targeted for the October 2 meeting.
