Administration

Utah Code tit. 78A, ch. 78A-5b, pt. 78A-5b-P2

in effect

Utah Code § 78A-5b-201 Judges of Constitutional Court -- Terms.

78A-5b-201. Judges of Constitutional Court -- Terms. (1) If a judge of the district court or Court of Appeals is appointed and confirmed to the Constitutional Court, the judge is not required to vacate the judge's appointment to the district court or Court of Appeals to serve as a judge of the Constitutional Court. (2) (a) A judge of the Constitutional Court is appointed to initially serve as a judge of the Constitutional Court until the first general election held more than three years after the day on which the appointment is effective. (b) After the initial term described in Subsection (2)(a), the term of office of a judge of the Constitutional Court is six years and commences on the first Monday in January following the date of election. (c) A judge of the Constitutional Court whose term expires may serve, upon request of the Judicial Council, until a successor is appointed and qualified. Enacted by Chapter 38, 2026 General Session

Utah Code § 78A-5b-202 Decision by panel.

78A-5b-202. Decision by panel. (1) Except as provided in Subsection (2)(a), a single judge of the Constitutional Court may conduct all proceedings in an action before the Constitutional Court. (2) (a) The Constitutional Court shall sit en banc for: (i) an adjudication of a challenge to a notice of removal as described in Subsection 78A-5b-104(2); (ii) a discovery dispute between the parties that involves a constitutional issue or right; (iii) a trial; (iv) a proceeding regarding whether to grant injunctive relief; or (v) a motion that would dispose of the action or any claim or defense in the action. (b) Upon a party's request, or by majority vote of the judges of the Constitutional Court, the Constitutional Court may sit en banc for any issue before the Constitutional Court. (c) A judge of the Constitutional Court may concur or dissent from any decision for which the Constitutional Court sits en banc. (3) (a) If a judge of the Constitutional Court is unable to participate in a trial or proceeding described in Subsection (2) due to recusal or disqualification, a district court judge or Court of Appeals judge may be assigned to sit on the panel and participate in the trial or proceeding. (b) The presiding officer of the Judicial Council shall designate a pool of three district court judges or Court of Appeals judges to be randomly assigned to the Constitutional Court to sit on the panel when a judge of the Constitutional Court is unable to sit on the panel due to recusal or disqualification. Enacted by Chapter 38, 2026 General Session

Utah Code § 78A-5b-203 Presiding judge -- Associate presiding judge -- Compensation -- Powers -- Duties.

78A-5b-203. Presiding judge -- Associate presiding judge -- Compensation -- Powers -- Duties. (1) The judges of the Constitutional Court shall elect a presiding judge from among the members of the court by majority vote of all judges. (2) The presiding judge shall receive $2,000 per annum as additional compensation for the period served as presiding judge. (3) The presiding judge has the following authority and responsibilities, consistent with the policies of the Judicial Council: (a) implementing policies of the Judicial Council; and (b) exercising powers and performing administrative duties as authorized by the Judicial Council. (4) (a) The judges of the Constitutional Court may elect an associate presiding judge from among the members of the court by majority vote of all judges. (b) The associate presiding judge shall receive $1,000 per annum as additional compensation for the period served as associate presiding judge. (5) (a) When the presiding judge is unavailable, the associate presiding judge shall assume the responsibilities of the presiding judge. (b) The associate presiding judge shall perform other duties assigned by the presiding judge. Enacted by Chapter 38, 2026 General Session

Utah Code § 78A-5b-204 Administrative system -- Case management -- Clerk of the court -- Employees.

78A-5b-204. Administrative system -- Case management -- Clerk of the court -- Employees. (1) (a) There is established the State Constitutional Court Administrative System. (b) The Judicial Council shall administer the operation of the State Constitutional Court Administrative System. (2) The Constitutional Court shall develop a case management system that ensures judicial accountability for the just and timely disposition of cases. (3) The clerk of the Constitutional Court shall: (a) take charge of and safely keep the court seal; (b) take charge of and safely keep or dispose of all books, papers, and records filed or deposited with the clerk and all other records required by law or the rules of the Judicial Council; (c) issue all notices, processes, and summonses as authorized by law; (d) keep a record of all proceedings, actions, orders, judgments, and decrees of the court; (e) supervise the deputy clerks as required to perform the duties of the clerk's office; and (f) perform other duties as required by the presiding judge, the constitutional court administrator, applicable law, and the rules of the Judicial Council. (4) All employees, except judges of the Constitutional Court, are selected, promoted, and discharged through the state court's personnel system for the Constitutional Court under the direction and rules of the Judicial Council. Enacted by Chapter 38, 2026 General Session

Utah Code § 78A-5b-205 Location of the Constitutional Court.

78A-5b-205. Location of the Constitutional Court. (1) The Constitutional Court may perform any of the Constitutional Court's functions in any location within the state. (2) The Judicial Council shall provide, from appropriations made by the Legislature, court space suitable for the conduct of court business for the Constitutional Court. (3) In order to carry out the Judicial Council's obligation to provide facilities for the Constitutional Court, the Judicial Council may lease space to be used by the Constitutional Court. (4) A lease or reimbursement for the Constitutional Court must comply with the standards of the Division of Facilities Construction and Management that are applicable to state agencies. (5) The cost of salaries, travel, and training required for the discharge of the duties of judges, secretaries of judges or court executives, court executives, and court reporters for the Constitutional Court are paid from appropriations made by the Legislature. Enacted by Chapter 38, 2026 General Session

Utah Code § 78A-5b-206 Court sessions.

78A-5b-206. Court sessions. The Constitutional Court shall hold court at least once in each quarter of the year. Enacted by Chapter 38, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78A/Chapter5B/78A-5b-P2.html?v=C78A-5b-P2_2026031320260313Fetched: 10/26/2026