All Roll Calls
Yes: 157 • No: 27
UtahH.B. 3662026 General SessionHouseWALLET
Judicial Modifications
Sponsored By: Jordan D. Teuscher (Republican)
Signed by Governor
Election LawJudicial AdministrationCourtsJudicial OperationsMunicipalitiesPolitical Subdivisions (Local Issues)JudgesCivil Litigation
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Bill Overview
Analyzed Economic Effects
13 provisions identified: 5 benefits, 1 costs, 7 mixed.
Constitutional court judges get defined pay
Once the Constitutional Court takes effect, its judges receive 105% of a district court judge's salary. A district or appeals judge keeping that appointment receives an additional 5% of the district judge salary for Constitutional Court service. Apart from this exception, judges cannot collect salaries from more than one court of record. The presiding judge gets an extra $2,000 annually, and an elected associate presiding judge gets $1,000 annually. Leadership payments cover the period served; the law does not state the district judge base salary.
Constitutional court judgments carry interest costs
Once the Constitutional Court takes effect, its covered judgments fall under Utah's postjudgment-interest rules. The general rate is the applicable January 1 federal postjudgment rate plus 2 percentage points. The rate set at entry stays in place for the judgment's duration. For goods-or-services judgments under $10,000, the rate is 10% plus the federal rate on January 1 of the entry year. Creditors receive this interest, while debtors pay it.
Three-judge hearings carry a $1,500 fee
Parties can request three judges for qualifying lawsuits against Utah state entities or officials. Cases must seek a court declaration or order and challenge specified laws, constitutional provisions, government actions, rules, or failures to act. Notice must meet Rule 42 deadlines, and filing it costs $1,500. Judges come randomly from different districts, decide by majority, and hear cases without the usual venue requirements. Before March 7, 2026, the Judicial Council must establish assignments, hire support staff, and list qualified judges covering at least half of each district's judges. The council must also post judges' panel-service dates and counts.
Debtors can receive court travel payments
Beginning May 6, 2026, unless expedited, eligible debtors receive mileage for required Constitutional Court appearances once the court operates. The appearance must concern the debtor's property, and the debtor must show need and actually attend. Necessary travel is paid at 15 cents per mile. The creditor who required the appearance pays after attendance.
Defendants can appeal state-law blocking orders
Beginning May 6, 2026, unless expedited, defendants can appeal certain orders blocking state-law enforcement before final judgment. The underlying claim must allege that the law is unconstitutional on its face. Covered orders include temporary restraining orders, preliminary injunctions, and other pre-judgment restrictions on enforcement. Skipping this appeal does not remove later appeal rights, and government entities need not post appeal bonds. The rule covers cases pending in Utah courts on or after May 7, 2025, subject to appellate filing requirements.
Commission selects constitutional court judge candidates
The law establishes a nominating commission for Constitutional Court openings, subject to the court's activation trigger. Beginning May 6, 2026, unless expedited, its rules provide seven governor-appointed members serving four-year terms, with four making a quorum. Members must be Utah residents and U.S. citizens; legislators and back-to-back terms are barred. The governor appoints the chair and staff, fills vacancies, and may remove members; attorney members may step aside for disqualifying conflicts. The commission favors current or former judges and seeks judges with experience in different judicial districts. It sends seven qualified names per vacancy within 45 days after convening. The governor has 30 days to appoint; otherwise, the chief justice has 20 days. Members receive no pay or benefits, but may receive per diem and travel expenses under state rules.
Voters review new constitutional court judges
Once the Constitutional Court chapter takes effect, its judges join Utah's retention-election process. Their first retention vote occurs at the first general election more than three years after appointment; later terms last six years. Retention declarations run from July 1 through 5:00 p.m. July 15 in election years. Appointed district or appeals judges may keep their existing appointments and original terms, but must notify the governor about leaving them. The Judicial Council may ask a judge to stay after a term ends until a successor qualifies. Beginning May 6, 2026, unless expedited, judges of the activated court also fall under Judicial Conduct Commission oversight.
Budget deficits can freeze court hiring
Once the Constitutional Court chapter takes effect, its judicial vacancies can be included in a hiring freeze. A freeze requires a General Fund budget deficit and unanimous approval from the governor, Senate president, House speaker, and chief justice. It must last at least 90 days and cannot extend beyond the annual general session's last day.
Constitutional lawsuits get special court rules
Once the Constitutional Court chapter takes effect, qualifying new lawsuits belong exclusively in that court. They must seek a declaration or order against a state entity or official and challenge specified laws or government actions or inaction. Parties have 45 days after activation to request removal of qualifying pending district court cases. Covered cases generally cannot move elsewhere unless the Constitutional Court lacks authority; county and district filing requirements do not apply. One judge can handle some matters, but the full court must hear trials, injunction requests, removal challenges, specified discovery disputes, and motions deciding claims or defenses. Parties may request full-court review of other issues, and a majority of judges may choose it. The council's presiding officer can designate district or appeals judges to replace disqualified judges. Beginning May 6, 2026, unless expedited, cases in the activated court are also exempt from Title 78B, Chapter 3a.
Court judgments can burden homeowners' property
Beginning May 6, 2026, unless expedited, the law extends property-recording tools to Constitutional Court cases once that court operates. Recording a judgment, or qualifying abstract and information statement, can create a lien on the debtor's qualifying county property. The lien dates from judgment entry; judgments generally last eight years unless renewed, satisfied, or stayed. In pending cases about property ownership or possession, parties may file a case notice with the court and county recorder. Recording that notice legally alerts buyers, lenders, and other affected parties to the dispute.
Business court changes hearings and publication
District courts must transfer qualifying civil cases to the Business and Chancery Court when Rule 42 requires or supports transfer. When oral argument is scheduled, that court must provide proposed rulings on case-deciding motions within 48 hours before argument. It may provide proposed rulings on other motions too; these rulings are not final. Required online publication covers only final decisions or orders the court finds useful as precedent or in the public interest.
Municipal hearings stay near local offices
For covered municipal cases in district court, the presiding judge must assign at least one judge. Assignments are capped at one judge per 500 municipal cases filed, appealed, or transferred annually. Hearings use the location closest by driving distance to the municipality's main office, unless the judge finds good cause otherwise. The municipality and presiding judge can agree to different arrangements in a written memorandum.
New constitutional court requires a trigger
The law creates a Constitutional Court only when a court invalidates or blocks Section 78A-5-102.7, the three-judge-panel provision. Once activated, it is a statewide trial court of record with three judges, limited powers, and no geographic divisions. The Judicial Council oversees its administration, personnel rules, and case-management system; its judges elect one council member. The state court administrator must create an administrator position and salary, with approval from the council's presiding officer. The council must provide suitable space and may lease it under state standards. Legislative appropriations cover specified salaries, travel, and training, with no amount stated; the court must meet at least quarterly.
Sponsors & Cosponsors
Sponsor
Jordan D. Teuscher
Republican • House
Cosponsors
Brady Brammer
Republican • Senate
Roll Call Votes
Senate vote • 3/5/2026
Senate/ passed 2nd & 3rd readings/ suspension
Yes: 23 • No: 6
Senate vote • 3/5/2026
Senate/ uncircled
Yes: 0 • No: 0
House vote • 3/5/2026
House/ concurs with Senate amendment
Yes: 55 • No: 18
Senate vote • 3/5/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 3/4/2026
Senate/ substituted
Yes: 0 • No: 0
Senate vote • 3/4/2026
Senate/ circled
Yes: 0 • No: 0
Senate vote • 2/25/2026
Senate Comm - Favorable Recommendation
Yes: 5 • No: 0
House vote • 2/19/2026
House/ circled
Yes: 0 • No: 0
House vote • 2/19/2026
House/ passed 3rd reading
Yes: 66 • No: 2
House vote • 2/19/2026
House/ uncircled
Yes: 0 • No: 0
House vote • 2/11/2026
House Comm - Favorable Recommendation
Yes: 8 • No: 1
Actions Timeline
Governor Signed
3/13/2026House/ to Governor
3/12/2026HouseHouse/ received enrolled bill from Printing
3/12/2026HouseHouse/ enrolled bill to Printing
3/12/2026HouseEnrolled Bill Returned to House or Senate
3/12/2026Draft of Enrolled Bill Prepared
3/6/2026Bill Received from House for Enrolling
3/6/2026House/ signed by Speaker/ sent for enrolling
3/6/2026HouseHouse/ received from Senate
3/6/2026HouseSenate/ to House
3/6/2026SenateSenate/ signed by President/ returned to House
3/6/2026SenateSenate/ received from House
3/6/2026SenateHouse/ to Senate
3/5/2026HouseHouse/ concurs with Senate amendment
3/5/2026HouseHouse/ placed on Concurrence Calendar
3/5/2026HouseHouse/ received from Senate
3/5/2026HouseSenate/ to House with amendments
3/5/2026SenateSenate/ passed 2nd & 3rd readings/ suspension
3/5/2026SenateSenate/ substituted
3/5/2026SenateSenate/ uncircled
3/5/2026SenateSenate/ circled
3/4/2026SenateSenate/ substituted
3/4/2026SenateSenate/ 2nd & 3rd readings/ suspension
3/4/2026SenateSenate/ placed on 2nd Reading Calendar
2/25/2026SenateSenate/ committee report favorable
2/25/2026Senate
Bill Text
Enrolled
3/12/2026
Substitute #3
3/5/2026
Substitute #2
3/4/2026
Substitute #1
3/2/2026
Introduced
1/26/2026