Utah Code § 78A-5-102.7 — Utah Code / Title 78A / Chapter 78A-5 / § 78A-5-102.7
§ 78A-5-102.7. Three-judge panel in the district court -- Requirements.
Status: in_force

(1) As used in this section: (a) "Panel" means a panel of three district court judges that is convened under this section to hear and decide an action. (b) (i) "State entity" means the state or any agency, department, board, or commission of the state. (ii) "State entity" includes the Legislature and any committee of the Legislature. (c) "State official" means: (i) a member of the Legislature; (ii) the governor; (iii) the lieutenant governor; (iv) a member of the governor's cabinet; (v) the state auditor; (vi) the state treasurer; or (vii) the attorney general. (2) (a) A party to a civil action may file a notice in the district court that a panel of three district court judges shall be convened to hear and decide the civil action if the civil action: (i) is challenging the constitutionality of a state statute or legislation, a provision of the Utah Constitution, an action or inaction of the Legislature, an executive order, an administrative rule, or an inaction by the executive branch; (ii) is seeking a declaratory judgment or injunctive relief; and (iii) is brought against a state entity or a state official in the state official's capacity. (b) The time periods described in Utah Rules of Civil Procedure, Rule 42, apply to a notice described in this Subsection (2). (c) A notice to convene a panel that was filed before March 13, 2026, and met the requirements of this section and Utah Rules of Civil Procedure, Rule 42, at the time the notice was filed is valid. (3) (a) Upon the filing of a notice under Subsection (2), a panel of three district court judges shall hear and decide, by majority decision, the civil action in accordance with this section. (b) Each judge on a panel described in Subsection (3)(a) shall be: (i) selected at random; and (ii) from a different judicial district than the other judges on the panel. (4) The panel shall adjudicate any challenge as to whether the notice to convene the panel complied with the requirements of this section and Utah Rules of Civil Procedure, Rule 42. (5) (a) Except as provided in Subsection (5)(b) or (c), a chief judge from the panel shall conduct all proceedings in an action before the panel. (b) A panel shall sit en banc for: (i) an adjudication of a notice to convene the panel as described in Subsection (4); (ii) a discovery dispute between the parties that involves a constitutional issue or right; (iii) a trial; (iv) an order for an injunction or temporary restraining order; or (v) a motion that would dispose of the action or any claim or defense in the action. (c) Upon a party's request, or by majority vote of the panel, the panel may sit en banc for any issue before the panel. (d) A judge on a panel may concur or dissent from any decision for which the panel sits en banc. (6) (a) Title 78B, Chapter 3a, Venue for Civil Actions, does not apply to an action before a panel. (b) Any requirement in the Utah Code to file or bring an action in a specific district or county does not apply to an action before a panel. (7) (a) Before March 7, 2026, the Judicial Council shall: (i) by rule, create a process by which a district court judge is assigned to a panel by random selection, including any reassignment of a district court judge on a panel due to disqualification, recusal, or a change of judge as a matter of right; and (ii) establish and maintain a list of judges who the Judicial Council determines are qualified to serve on a panel. (b) The list established under Subsection (7)(a) shall consist of at least 50% of the district court judges from each district. (c) The Judicial Council shall post the list described in Subsection (7)(a) on the website for the Utah state courts with information on the dates and number of times that a judge has served on a panel. (8) The Judicial Council shall hire a coordinator and staff to assist any panel convened under this section.