The Utah State Bar Association is warning a newly proposed bill could "inject politics" into the state's non-partisan judicial evaluation system and threaten the constitutional separation of powers.
Under HB512, sponsored by Rep. Karianne Lisonbee, the state would create a nine-member legislative committee whose members would be selected by legislative leadership. The committee would have broad powers to investigate "any issue" raised by committee members, other lawmakers or the public.
Under the proposed legislation, whenever the committee opens an investigation, it must issue a press release soliciting public input on the judge in question. The committee would then hold a public hearing and could vote to recommend that the judge not be retained. That recommendation would appear on ballots during judicial retention elections.
"The lack of a clear definition of 'judicial performance' means that the Committee could base its decision on nearly any subjective factor, such as a lawmaker's disagreement with a judge's rulings," the Utah Bar Association said in a press release.
The Bar Association added, "The process is demeaning and of questionable constitutionality. Requiring a judge to answer to a legislative body goes against the core principle of our constitution – a judiciary that can make decisions based on the facts and law without fear of being pilloried in public or removed from the bench."
New bills that caught my attention
- SB301 makes changes to Utah's anti-SLAPP law, known as the Uniform Public Expression Protection ACT (UPEPA). The law is designed to protect people from abusive lawsuits designed to silence or intimidate critics. Under Sen. Mike McKell's proposed changes, the law would only apply to defamation or slander cases that involve First Amendment rights.
- HB528 - Rep. Ken Ivory wants to let people pay their income taxes in gold. If they do pay the tax bill using precious metals instead of regular currency, the taxpayer would get a nonrefundable credit equal to 5% of the taxes owed.
- HCR10 urges Utah's congressional delegation to push for the state to assume responsibility for operating any federal lands within its borders.
Afternoon headlines
Sen. John Curtis, other Republicans distance themselves after Trump calls Zelenskyy a "dictator." [Deseret News]
Utah lawmakers approve bill critics say will make public records more expensive. [KSL]
Utah braces for below-normal snowpack runoff. [KSL]
Utah lawmakers propose bill to prevent PacifiCorp from "double counting" renewables. [Utah News Dispatch]
What's on Thursday's agenda?
Morning committee meetings
Senate Revenue and Taxation Committee
- SJR7 - This resolution urges Congress to propose an amendment to the U.S. Constitution to allow individual states to regulate federal campaign spending instead of the Federal Election Commission.
- HB216 - If a change in federal tax law causes the projections for income tax revenue used to set the next fiscal year's budget to be 0.5% higher or more than the revenue collected in the previous fiscal year, this bill creates a mechanism for lawmakers to recommend a tax cut.
Afternoon committee meetings
House Government Operations Committee
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