SALT LAKE CITY — A deal has been struck on bills taking aim at the judicial branch of government.
FOX 13 News has confirmed the House of Representatives will abandon a series of bills it was planning, which included a special legislative committee to weigh in on judges on the ballot; raising the threshold that judges must clear to keep their seats on the bench] and one that added justices to the Utah Supreme Court.
However, the Senate will proceed with its bills that include changing the standards that someone must have to sue over laws the legislature passes; changing how appeals are handled; and letting the governor choose the next Utah Supreme Court Chief Justice (subject to Senate confirmation).
The House bills will be studied over the interim in the Utah State Legislature, FOX 13 News is told.
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The bills were perceived as an "attack" by some on the judicial branch of government, following rulings the Utah Supreme Court made in lawsuits dealing with abortion rights and independent redistricting that legislative leaders didn't exactly like.
In a joint statement, the House Speaker and Senate President said they were committed to keeping the branches of government separate.
“Our system of government was designed to ensure that each branch operates independently, yet also relies on one another to function effectively. At times, this dynamic creates natural and necessary friction between branches. However, we firmly believe that healthy debate and reform do not undermine democracy– they strengthen it," Speaker Mike Schultz, R-Hooper, and President J. Stuart Adams, R-Layton, wrote.
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"Our aim is to preserve this legacy of excellence while improving transparency, efficiency and integrity within our courts. The proposed changes are procedural updates, not an attack on the Judiciary. The Utah Constitution entrusts the Legislature with a broad range of responsibilities in shaping the justice system—including creating courts, determining the number of justices, setting forth how a chief justice is chosen, setting up the nominating commissions for judges, confirming judges and setting retention elections, among others. These actions are not overreach; they are the Legislature fulfilling its constitutional duties.
“Through deliberate debate, thoughtful conversations and in a spirit of collaboration, the Legislature and the Judiciary have found a path forward that will make our government stronger and our state better. "
A spokesperson for the Administrative Office of the Courts did not immediately respond to a request for comment. The Utah State Bar, which certifies lawyers in Utah, said it was relieved to see the bills abandoned and would take a "neutral" stance on many of the Senate bills.
"The Bar wishes to thank the lawyers and law firms who put in so much time and effort to speak with legislators, write letters, hold press conferences, and conduct legislative meetings to express support for an independent judiciary. The Bar also thanks the Commissioners and the Bar’s Governmental Relations Committee for their work this session analyzing bills and taking positions when appropriate. Legislators listened, and combined efforts made a difference," the group said.
