HB 366: Judicial Modifications - Utah

Substitute #3 → Enrolled · 6 edits · Mar 13, 2026

MODERATE

This bill establishes a new Constitutional Court with exclusive jurisdiction over cases challenging the constitutionality of state laws or actions against state officials. The court will operate with equal status to existing courts, and most decisions will be made by a single judge, though specific major issues like trials and injunctions require a full panel. The bill also updates venue rules to allow these cases to be filed anywhere in the state and adds the new court to the list of courts where a 'lis pendens' notice must be recorded for real estate disputes.

Scope change

The bill expands the judicial system by creating a specialized court for constitutional challenges and state official liability, removing geographic venue restrictions for these cases, and integrating the new court into existing real estate notice procedures.

SCOPE

Created a new Constitutional Court with exclusive jurisdiction over challenges to state laws and actions against state officials.

DEFINITION

Defined 'State entity' to include the Legislature and its committees, and listed specific 'State officials' subject to the new court's jurisdiction.

REQUIREMENT

Established that the new court generally decides cases with a single judge, except for trials, injunctions, and certain disputes which require a full panel.

Removed geographic venue restrictions, allowing constitutional challenges to be filed in any county within the state.

ENFORCEMENT

Added the Constitutional Court to the list of courts where a 'lis pendens' notice must be recorded to affect real property rights.

TIMELINE

Set the bill's effective date as May 6, 2026, unless a two-thirds legislative vote allows it to take effect immediately upon approval.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill creates a new Constitutional Court to handle challenges to state laws and the Utah Constitution, contingent on a court ruling that the current three-judge panel system is unconstitutional. It also increases the number of district court judges in several districts, establishes a new Constitutional Court Nominating Commission, and modifies rules for judge retention elections and case management for municipal cases.

Scope change

The bill significantly expands the state's judicial structure by adding a new court with statewide jurisdiction over constitutional challenges, while simultaneously increasing the capacity of existing district courts to handle more cases.

SCOPE

Establishes a new Constitutional Court with exclusive jurisdiction over civil actions challenging the constitutionality of state statutes, the Utah Constitution, or actions by the Legislature and executive branch.

REQUIREMENT

Creates the Constitutional Court Nominating Commission to select candidates for the new court, requiring applicants to have prior judicial experience and ensuring geographic diversity among judges.

Increases the number of district court judges in the First, Third, Fifth, and Eighth Judicial Districts to address caseload demands.

Updates the Judicial Council membership to include a representative from the new Constitutional Court once it is established.

Revises case management rules to ensure specific judges are assigned to hear municipal cases based on the volume of cases filed by each municipality.

ELIGIBILITY

Changes the retention election rules for judges, requiring them to file a declaration of candidacy and pay a filing fee to remain on the ballot for unopposed elections.

TIMELINE

Makes the entire Constitutional Court chapter contingent on a court ruling that the existing three-judge panel system in the district court is invalid or enjoined.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill significantly restructures Utah's judiciary by establishing a new Constitutional Court to handle challenges to state laws and creating a specialized three-judge panel in the District Court for similar cases. It also increases the number of District Court judges in several districts to manage caseloads and updates various administrative procedures, fees, and definitions related to the courts.

Scope change

The bill introduces a new court (Constitutional Court) and expands the jurisdiction of existing courts, particularly the District Court and Business and Chancery Court, to include specific constitutional challenges and municipal cases.

SCOPE

Establishes a new Constitutional Court with exclusive jurisdiction over civil actions challenging the constitutionality of state statutes, legislation, or executive actions.

REQUIREMENT

Creates a mandatory three-judge panel in the District Court to hear specific civil actions challenging state laws or officials.

Increases the number of District Court judges in the First, Second, Third, Fourth, Fifth, Sixth, Seventh, and Eighth Judicial Districts to handle increased caseloads.

ELIGIBILITY

Adds judges of the new Constitutional Court to the definition of 'public official' for property donation laws.

DEFINITION

Updates definitions of 'court' and 'judicial board' to include the new Constitutional Court and its administrative systems.

FISCAL

Modifies salary structures for judges, including new provisions for Constitutional Court judges and adjustments to salary percentages for existing courts.

TIMELINE

Sets an effective date of May 6, 2026, with provisions for earlier implementation if approved by a two-thirds legislative vote.

TECHNICAL

Updates filing fees, case management rules for municipal cases, and publication requirements for court decisions.

Introduced → Substitute #1 · 10 edits

MAJOR

This bill creates a new Constitutional Court to handle challenges to state laws and the constitution, contingent on a court ruling that the current three-judge panel requirement is unconstitutional. It also establishes a new statewide three-judge panel for district court cases involving state officials, updates judicial salaries and retention election rules, and reorganizes the Judicial Council to include the new court. Additionally, it clarifies case management for municipal cases and adjusts various civil fees.

Scope change

The bill significantly expands the scope of the state judiciary by adding a new Constitutional Court with statewide jurisdiction and modifying the district court to include a mandatory three-judge panel for specific constitutional challenges.

SCOPE

Establishes a new Constitutional Court with exclusive jurisdiction over civil actions challenging the constitutionality of state statutes, the Utah Constitution, or actions by state officials.

REQUIREMENT

Mandates a three-judge panel in the district court for civil actions challenging state laws or officials, effective March 7, 2026.

Changes judicial retention election rules, requiring district court and other judges to appear on the ballot every sixth year instead of every tenth year.

Updates the Judicial Council membership to include a representative from the new Constitutional Court.

Revises case management rules to ensure municipal cases are heard in the location closest to the municipality's principal office, measured by driving distance.

ELIGIBILITY

Adds judges of the Constitutional Court to the definition of 'public official' for property donation laws and includes them in judicial salary calculations.

DEFINITION

Clarifies that the Constitutional Court is not divided into geographical districts and operates statewide.

TIMELINE

Makes the creation of the Constitutional Court and related provisions contingent on a court ruling that Section 78A-5-102.7 is unconstitutional.

FISCAL

Adjusts judicial salary percentages and adds specific compensation for presiding and associate presiding judges of the new Constitutional Court.

TECHNICAL

Updates various civil filing fees and clarifies procedures for appeals of injunctive orders involving state laws.

Judicial Modifications

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