HB 392

Enrolled Copy  H.B. 392
1District Court Amendments
                                       2026 GENERAL SESSION
                                             STATE OF UTAH
                                    Chief Sponsor: Matt MacPherson
                                    Senate Sponsor: Michael K. McKell
2
3  LONG TITLE
4  General Description:
5      This bill addresses civil actions in the district court.
6  Highlighted Provisions:
7      This bill:
8      ▸ grants the attorney general an unconditional right to intervene in a civil action in the
9  district court upon notice that a party is challenging the constitutionality of a statute;
10      ▸ provides that the Utah Supreme Court has exclusive and original appellate jurisdiction
11  over a judgment or order from a panel of three district court judges;
12      ▸ provides that the attorney general, the governor, or the Legislature may file a notice to
13  convene a three-judge panel in a civil action in the district court;
14      ▸ requires a panel of three district court judges to be convened to hear and decide a civil
15  action upon the filing of a notice to convene a district court panel;
16      ▸ requires each judge of a district court panel to be randomly selected and from a different
17  judicial district than the other judges on the panel;
18      ▸ addresses the structure and voting process for a district court panel;
19      ▸ provides that the statutory venue requirements for a civil action do not apply to an action
20  before a district court panel;
21      ▸ requires the Judicial Council to create a rule regarding the random selection process for a
22  judge on a district court panel;
23      ▸ addresses staffing of a district court panel; and
24      ▸ makes technical and conforming changes.
25  Money Appropriated in this Bill:
26      None
27  Other Special Clauses:
H.B. 392  Enrolled Copy
28This bill provides a special effective date.
29   Utah Code Sections Affected:
30   AMENDS:
3178A-3-102, as last amended by Laws of Utah 2025, Second Special Session, Chapter 3
3278B-3a-102, as enacted by Laws of Utah 2023, Chapter 401
33   ENACTS:
3467-5-41, Utah Code Annotated 1953
3578A-5-102.7, Utah Code Annotated 1953
36
37   Be it enacted by the Legislature of the state of Utah:
38Section 1. Section 67-5-41 is enacted to read:
3967-5-41 . Right to intervene in action challenging constitutionality of a statute.
40   (1) The attorney general has an unconditional right to intervene in a civil action in a district
41court upon receiving a notice under Rule 24 of the Utah Rules of Civil Procedure that a
42party is challenging the constitutionality of a statute in the civil action.
43   (2) Intervention by the attorney general in accordance with Subsection (1) does not limit the
44Legislature's unconditional right to intervene under Subsection 36-12-7(4).
45Section 2. Section 78A-3-102 is amended to read:
4678A-3-102 . Jurisdiction of Supreme Court.
47   (1) The Supreme Court has original jurisdiction to answer questions of state law certified
48by a court of the United States.
49   (2) The Supreme Court has original jurisdiction to issue all extraordinary writs and
50authority to issue all writs and process necessary to carry into effect the Supreme Court's
51orders, judgments, and decrees or in aid of the jurisdiction of the Supreme Court.
52   (3)(a) The Supreme Court has exclusive and original appellate jurisdiction, including
53exclusive and original appellate jurisdiction of an interlocutory appeal, over:
54(i) a judgment of the Court of Appeals;
55(ii) a case certified to the Supreme Court by the Court of Appeals before final
56judgment by the Court of Appeals;
57(iii) the discipline of a lawyer;
58(iv) a final order of the Judicial Conduct Commission;
59(v) an interlocutory appeal from a court of record involving a capital felony;
60(vi) an appeal from the district court involving a conviction or charge of a capital
61felony;
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62(vii) an appeal from the district court of an order, judgment, or decree ruling on a
63legislative subpoena;
64(viii) an appeal of an injunctive order as described in Section 78B-5-1002;
65(ix) a judgment, or an interlocutory appeal of an order, of a district court involving:
66(A) an election or voting contest; or
67(B) the establishment of boundaries of political districts for purposes of an
68election;[ and]
69(x) the retention or removal of a public officer[.] ; and
70(xi) a judgment, or an interlocutory appeal of an order, from a district court panel
71described in Section 78A-5-102.7.
72      (b) The Supreme Court may not transfer any matter described in Subsection (3)(a) to the
73Court of Appeals.
74      (c) In a case involving an election or voting contest or the establishment of boundaries
75of political districts for purposes of an election, a judgment is appealable to the
76Supreme Court even if:
77(i) a party files a motion or claim for attorney fees under Rule 73 of the Utah Rules of
78Civil Procedure in the district court; and
79(ii) the district court has not entered a dispositive order for that motion or claim.
80  (4)(a) In addition to Subsection (3)(a), the Supreme Court has original appellate
81      jurisdiction, including original appellate jurisdiction of an interlocutory appeal, over:
82(i) a final agency action, as described in Section 63G-4-403, in a formal adjudicative
83proceeding originating from:
84(A) the Public Service Commission;
85(B) the State Tax Commission;
86(C) the School and Institutional Trust Lands Board of Trustees;
87(D) the Board of Oil, Gas, and Mining;
88(E) the state engineer; or
89(F) the executive director of the Department of Natural Resources reviewing an
90action of the Division of Forestry, Fire, and State Lands;
91(ii) a final order or decree of the district court review of an informal adjudicative
92proceeding of an agency described in Subsection (4)(a)(i);
93(iii) a final judgment or decree of a court of record holding a statute of the United
94States or this state is unconstitutional on its face under the Constitution of the
95United States or the Utah Constitution;
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96(iv) an interlocutory appeal from a court of record involving a first degree felony;
97(v) an appeal from a district court involving a conviction or charge of a first degree
98felony; and
99(vi) an order, judgment, or decree of a court of record over which the Court of
100Appeals does not have appellate jurisdiction.
101(b) The Supreme Court may transfer any matter described in Subsection (4)(a) to the
102Court of Appeals.
103   (5)(a) The Supreme Court has sole discretion in granting or denying a petition for writ of
104certiorari for the review of a Court of Appeals adjudication.
105(b) Notwithstanding Subsection (5)(a), the Supreme Court shall review a case certified
106to the Supreme Court by the Court of Appeals under Subsection (3)(a)(ii).
107   (6) The Supreme Court shall comply with the requirements of Title 63G, Chapter 4,
108Administrative Procedures Act, in the Supreme Court's review of an agency adjudicative
109proceeding.
110   The following section is affected by a revisor instruction at the end of this bill.
111Section 3. Section 78A-5-102.7 is enacted to read:
11278A-5-102.7 . Three-judge panel in the district court -- Requirements.
113   (1) As used in this section:
114(a) "Panel" means a panel of three district court judges that is convened under this
115section to hear and decide an action.
116(b)(i) "State entity" means the state or any agency, department, board, or commission
117of the state.
118(ii) "State entity" includes the Legislature and any committee of the Legislature.
119(c)(i) "State official" means an individual elected or appointed to a state office.
120(ii) "State official" includes:
121(A) a member of the Legislature;
122(B) the governor;
123(C) the lieutenant governor;
124(D) the state auditor;
125(E) the state treasurer; and
126(F) the attorney general.
127   (2)(a) If a civil action is brought in the district court and a state entity, or a state official
128in the state official's capacity, is a party to the civil action, the attorney general, the
129governor, or the Legislature may file a notice in the district court that a panel of three
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130      district court judges must be convened to hear and decide the civil action.
131      (b) A notice to convene a panel under Subsection (2)(a):
132(i) may not be challenged by any party; and
133(ii) is not subject to judicial review.
134      (c)(i) The Legislature, a committee of the Legislature, or a member of the Legislature
135in the member's capacity, must be a party to the civil action for the Legislature to
136file a notice under Subsection (2)(a).
137(ii) The governor, or a state official for the executive branch, must be a party to the
138civil action for the governor to file a notice under Subsection (2)(a).
139(iii) The attorney general must be a party, or representing a party, to the civil action
140to file a notice under Subsection (2)(a).
141      (d) The time periods described in Rule 42 of the Utah Rules of Civil Procedure apply to
142a notice described in this Subsection (2).
143  (3)(a) Upon the filing of a notice under Subsection (2), a panel of three district court
144      judges shall hear and decide, by majority decision, the civil action in accordance with
145      this section.
146      (b) Each judge on a panel described in Subsection (3)(a) shall be:
147(i) selected at random; and
148(ii) from a different judicial district than the other judges on the panel.
149  (4)(a) The presiding officer of the Judicial Council shall select one judge assigned to a
150      panel to be the chief judge of the panel.
151      (b) Except as provided in Subsection (4)(c), the chief judge shall conduct all proceedings
152in an action before a panel.
153      (c) A panel shall sit en banc for a trial, an order for an injunction or temporary
154restraining order, or any motion that would dispose of the action or any claim or
155defense in the action.
156      (d) A judge on a panel may concur or dissent from any decision for which the panel sits
157en banc.
158  (5)(a) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action before
159      a panel.
160      (b) Any requirement in the Utah Code to file or bring an action in a specific district or
161county does not apply to an action before a panel.
162  (6)(a) Before March 7, 2026, the Judicial Council shall:
163(i) by rule, create a process by which a district court judge is assigned to a panel by
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164random selection, including any reassignment of a district court judge on a panel
165due to disqualification, recusal, or a change of judge as a matter of right; and
166(ii) establish and maintain a list of judges who the Judicial Council determines are
167qualified to serve on a panel.
168(b) The list established under Subsection (6)(a) shall consist of at least 50% of the
169district court judges from each district.
170(c) The Judicial Council shall post the list described in Subsection (6)(a) on the website
171for the Utah state courts with information on the dates and number of times that a
172judge has served on a panel.
173   (7) The Judicial Council shall hire a coordinator and staff to assist any panel convened
174under this section.
175Section 4. Section 78B-3a-102 is amended to read:
17678B-3a-102 . Applicability of this chapter -- Venue for the Business and
177   Chancery Court.
178   (1) Except as otherwise provided by another provision of the Utah Code, a plaintiff shall
179bring an action in accordance with the requirements of this chapter.
180   (2) The requirements of this chapter do not apply to:
181(a) an action brought in the Business and Chancery Court[.] ; or
182(b) an action before a panel of judges in the district court under Section 78A-5-102.7.
183Section 5. Effective Date.
184   This bill takes effect:
185   (1) except as provided in Subsection (2), May 6, 2026; or
186   (2) if approved by two-thirds of all members elected to each house:
187(a) upon approval by the governor;
188(b) without the governor's signature, the day following the constitutional time limit of
189Utah Constitution, Article VII, Section 8; or
190(c) in the case of a veto, the date of veto override.
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