HB392 (Constitutional Court Amendments)
HB392 proposes a new way for cases challenging the constitutionality of state laws to be heard in Utah state courts. The bill gives the Legislature, Governor, or Attorney General the ability to reassign a case in which a state actor is named as a party to a three-judge panel, rather than to the district court normally assigned. Only the state actor, not the opposing party, has the power to reassign a case. That reassignment cannot be challenged and is not subject to judicial review—likely violating constitutional protections under due process and equal rights.
Status:
Introduced
Position:
Oppose