PRESS RELEASE

SALT LAKE CITY, March 4, 2026 – With two days left in Utah’s 67th Legislative Session, the Utah State Bar is concerned with the substitutions to HB 366 – Judicial Modifications that revive the constitutional court originally proposed in HB 392. The Bar’s primary concern centers on the “trigger” mechanism within the bill. If a court strikes down the state’s three-judge panel system, this new judicial structure will automatically take effect. The Bar warns that such a move creates instant instability in the rule of law by reshaping how constitutional disputes are heard and altering how municipal prosecutions are assigned in district court. These changes could adversely affect Utah families and small businesses seeking timely and fair access to the courts.

“Exactly one month ago, the Utah State Bar hosted a press conference at the Utah State Capitol to address a growing number of legislative proposals that would transform Utah’s judicial system, including how judges are nominated and retained,” said Bar Executive Director Elizabeth Wright. “While we appreciate the legislators who have engaged in dialogue with us, we are deeply concerned that these latest proposals threaten judicial stability.”

The second substitute to HB 366 repeals and reenacts the current three-judge panel statute and imposes a $1,500 filing fee for a notice to convene a three-judge panel. This judicial shift is fundamentally flawed for several reasons:

• Unconstitutional Structure: The Utah Constitution defines a “district court” as a single judge; a three-judge panel effectively creates a new court structure not authorized by the state’s founding document.
• Financial Barrier: Imposing a $1,500 filing fee specifically for a notice to convene a three-judge panel creates a direct financial hurdle for families or small businesses involved in constitutional litigation.
• “Forum Shopping” and Delays: The proposed law allows the state to bypass judges who have issued unfavorable rulings in high-profile cases.
• Lack of Oversight: The bill attempts to make the transfer of cases immune to legal challenge, which violates the separation of powers and denies due process.
• Separation of Powers: Creating a new judicial body that is triggered specifically by ongoing litigation raises serious concerns about political interference in the branch of government meant to be impartial.

“Utah families and businesses rely on predictable, impartial courts,” said Bar President Kim Cordova. “Allowing those decisions to be revisited through a political process could delay resolution of constitutional questions and create instability in the rule of law.”

Transformations of this magnitude within HB 366 require a thorough public vetting and careful constitutional analysis to protect the structural neutrality of Utah’s courts. The Bar urges lawmakers to slow the process, allow for full public input, and conduct a comprehensive review of the long-term impact these measures will have on the state’s judicial system.

RELATED: UPDATED – Utah State Bar Position On Package of Bills Affecting Utah Courts

About the Utah State Bar
Established in 1931 and operating under the authority of the Utah Supreme Court, the Utah State Bar regulates and supports the legal profession in the state. With over 12,000 licensed attorneys, the Bar is committed to promoting a justice system that is accessible, understood, valued, and respected. Governed by a Commission of elected attorneys from Utah’s judicial districts, the Bar provides resources, education, and support to enhance the professional practice of its licensees and upholds the public’s trust in the legal system.

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