District Court Amendments

16
67-5-41
78A-3-102
78A-5-102.7
78B-3a-102
0
District Court Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matt MacPherson
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill addresses civil actions in the district court.
Highlighted Provisions:
This bill:
grants the attorney general an unconditional right to intervene in a civil action in the
district court upon notice that a party is challenging the constitutionality of a statute;
provides that the Utah Supreme Court has exclusive and original appellate jurisdiction
over a judgment or order from a panel of three district court judges;
provides that the attorney general, the governor, or the Legislature may file a notice to
convene a three-judge panel in a civil action in the district court;
requires a panel of three district court judges to be convened to hear and decide a civil
action upon the filing of a notice to convene a district court panel;
requires each judge of a district court panel to be randomly selected and from a different
judicial district than the other judges on the panel;
addresses the structure and voting process for a district court panel;
provides that the statutory venue requirements for a civil action do not apply to an action
before a district court panel;
requires the Judicial Council to create a rule regarding the random selection process for a
judge on a district court panel;
addresses staffing of a district court panel; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
78A-3-102
, as last amended by Laws of Utah 2025, Second Special Session, Chapter 3
78B-3a-102
, as enacted by Laws of Utah 2023, Chapter 401
ENACTS:
67-5-41
, Utah Code Annotated 1953
78A-5-102.7
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
67-5-41
is enacted to read:
67-5-41
. Right to intervene in action challenging constitutionality of a statute.
(1)
The attorney general has an unconditional right to intervene in a civil action in a district
court upon receiving a notice under Rule 24 of the Utah Rules of Civil Procedure that a
party is challenging the constitutionality of a statute in the civil action.
(2)
Intervention by the attorney general in accordance with Subsection
(1)
does not limit the
Legislature's unconditional right to intervene under Subsection
36-12-7(4)
.
Section 2. Section
78A-3-102
is amended to read:
78A-3-102
. Jurisdiction of Supreme Court.
(1)
The Supreme Court has original jurisdiction to answer questions of state law certified
by a court of the United States.
(2)
The Supreme Court has original jurisdiction to issue all extraordinary writs and
authority to issue all writs and process necessary to carry into effect the Supreme Court's
orders, judgments, and decrees or in aid of the jurisdiction of the Supreme Court.
(3)
(a)
The Supreme Court has exclusive and original appellate jurisdiction, including
exclusive and original appellate jurisdiction of an interlocutory appeal, over:
(i)
a judgment of the Court of Appeals;
(ii)
a case certified to the Supreme Court by the Court of Appeals before final
judgment by the Court of Appeals;
(iii)
the discipline of a lawyer;
(iv)
a final order of the Judicial Conduct Commission;
(v)
an interlocutory appeal from a court of record involving a capital felony;
(vi)
an appeal from the district court involving a conviction or charge of a capital
felony;
(vii)
an appeal from the district court of an order, judgment, or decree ruling on a
legislative subpoena;
(viii)
an appeal of an injunctive order as described in Section
78B-5-1002
;
(ix)
a judgment, or an interlocutory appeal of an order, of a district court involving:
(A)
an election or voting contest; or
(B)
the establishment of boundaries of political districts for purposes of an
election;
and
(x)
the retention or removal of a public officer
.
; and
(xi)
a judgment, or an interlocutory appeal of an order, from a district court panel
described in Section
78A-5-102.7
.
(b)
The Supreme Court may not transfer any matter described in Subsection
(3)(a)
to the
Court of Appeals.
(c)
In a case involving an election or voting contest or the establishment of boundaries
of political districts for purposes of an election, a judgment is appealable to the
Supreme Court even if:
(i)
a party files a motion or claim for attorney fees under Rule 73 of the Utah Rules of
Civil Procedure in the district court; and
(ii)
the district court has not entered a dispositive order for that motion or claim.
(4)
(a)
In addition to Subsection
(3)(a)
, the Supreme Court has original appellate
jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:
(i)
a final agency action, as described in Section
63G-4-403
, in a formal adjudicative
proceeding originating from:
(A)
the Public Service Commission;
(B)
the State Tax Commission;
(C)
the School and Institutional Trust Lands Board of Trustees;
(D)
the Board of Oil, Gas, and Mining;
(E)
the state engineer; or
(F)
the executive director of the Department of Natural Resources reviewing an
action of the Division of Forestry, Fire, and State Lands;
(ii)
a final order or decree of the district court review of an informal adjudicative
proceeding of an agency described in Subsection
(4)(a)(i)
;
(iii)
a final judgment or decree of a court of record holding a statute of the United
States or this state is unconstitutional on its face under the Constitution of the
United States or the Utah Constitution;
(iv)
an interlocutory appeal from a court of record involving a first degree felony;
(v)
an appeal from a district court involving a conviction or charge of a first degree
felony; and
(vi)
an order, judgment, or decree of a court of record over which the Court of
Appeals does not have appellate jurisdiction.
(b)
The Supreme Court may transfer any matter described in Subsection
(4)(a)
to the
Court of Appeals.
(5)
(a)
The Supreme Court has sole discretion in granting or denying a petition for writ of
certiorari for the review of a Court of Appeals adjudication.
(b)
Notwithstanding Subsection
(5)(a)
, the Supreme Court shall review a case certified
to the Supreme Court by the Court of Appeals under Subsection
(3)(a)(ii)
.
(6)
The Supreme Court shall comply with the requirements of
Title 63G, Chapter 4,
Administrative Procedures Act
, in the Supreme Court's review of an agency adjudicative
proceeding.
The following section is affected by a revisor instruction at the end of this bill.
Section 3. Section
78A-5-102.7
is enacted to read:
78A-5-102.7
. Three-judge panel in the district court -- Requirements.
(1)
As used in this section:
(a)
"Panel" means a panel of three district court judges that is convened under this
section to hear and decide an action.
(b)
(i)
"State entity" means the state or any agency, department, board, or commission
of the state.
(ii)
"State entity" includes the Legislature and any committee of the Legislature.
(c)
(i)
"State official" means an individual elected or appointed to a state office.
(ii)
"State official" includes:
(A)
a member of the Legislature;
(B)
the governor;
(C)
the lieutenant governor;
(D)
the state auditor;
(E)
the state treasurer; and
(F)
the attorney general.
(2)
(a)
If a civil action is brought in the district court and a state entity, or a state official
in the state official's capacity, is a party to the civil action, the attorney general, the
governor, or the Legislature may file a notice in the district court that a panel of three
district court judges must be convened to hear and decide the civil action.
(b)
A notice to convene a panel under Subsection
(2)(a)
:
(i)
may not be challenged by any party; and
(ii)
is not subject to judicial review.
(c)
(i)
The Legislature, a committee of the Legislature, or a member of the Legislature
in the member's capacity, must
be a party to the civil action for the Legislature to
file a notice under Subsection
(2)
(a).
(ii)
The governor, or a state official for the executive branch, must be a party to the
civil action for the governor to file a notice under Subsection
(2)
(a).
(iii)
The attorney general
must be a party, or representing a party, to the civil action
to file a notice under Subsection
(2)
(a).
(d)
The time periods described in Rule 42 of the Utah Rules of Civil Procedure apply to
a notice described in this Subsection
(2)
.
(3)
(a)
Upon the filing of a notice under Subsection
(2)
, a panel of three district court
judges shall hear and decide, by majority decision, the civil action in accordance with
this section.
(b)
Each judge on a panel described in Subsection
(3)(a)
shall be:
(i)
selected at random; and
(ii)
from a different judicial district than the other judges on the panel.
(4)
(a)
The presiding officer of the Judicial Council shall select one judge assigned to a
panel to be the chief judge of the panel.
(b)
Except as provided in Subsection
(4)(c)
, the chief judge shall conduct all proceedings
in an action before a panel.
(c)
A panel shall sit en banc for a trial, an order for an injunction or temporary
restraining order, or any motion that would dispose of the action or any claim or
defense in the action.
(d)
A judge on a panel may concur or dissent from any decision for which the panel sits
en banc.
(5)
(a)
Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action before
a panel.
(b)
Any requirement in the Utah Code to file or bring an action in a specific district or
county does not apply to an action before a panel.
(6)
(a)
Before March 7, 2026, the Judicial Council shall:
(i)
by rule, create a process by which a district court judge is assigned to a panel by
random selection, including any reassignment of a district court judge on a panel
due to disqualification, recusal, or a change of judge as a matter of right; and
(ii)
establish and maintain a list of judges who the Judicial Council determines are
qualified to serve on a panel.
(b)
The list established under Subsection
(6)(a)
shall consist of at least 50% of the
district court judges from each district.
(c)
The Judicial Council shall post the list described in Subsection
(6)(a)
on the website
for the Utah state courts with information on the dates and number of times that a
judge has served on a panel.
(7)
The Judicial Council shall hire a coordinator and staff to assist any panel convened
under this section.
Section 4. Section
78B-3a-102
is amended to read:
78B-3a-102
. Applicability of this chapter -- Venue for the Business and
Chancery Court.
(1)
Except as otherwise provided by another provision of the Utah Code, a plaintiff shall
bring an action in accordance with the requirements of this chapter.
(2)
The requirements of this chapter do not apply to
:

(a)
an action brought in the Business and Chancery Court
.
; or
(b)
an action before a panel of judges in the district court under Section
78A-5-102.7
.
Section 5.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2),
May 6, 2026
; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
2-13-26 3:34 PM