Oppose HB392 Creating a Constitutional Court

I urge you to oppose HB392, which would create a new Constitutional Court with three judges chosen by the governor and confirmed by the Senate. This bill is not a good faith effort to improve Utah's judicial system. It is a direct response to the Legislature losing recent constitutional challenges on abortion restrictions, transgender athlete bans, ballot initiative repeals, and gerrymandering limits. Representative Matt MacPherson claims the new court would provide "consistent and faster decision making," but the real problem is that the current system has consistently ruled against unconstitutional legislative overreach. MacPherson himself posted on social media about impeaching Judge Dianna Gibson after she struck down Utah's congressional boundaries as unlawful gerrymandering. His bill removes constitutional challenges from Utah's 78 district court judges and concentrates that power in three gubernatorial appointees. The Utah Office of the Courts, the Utah State Bar, and numerous attorneys oppose this legislation. Michael Drechsel, assistant state court administrator, explained the bill creates a system where judges are pre-selected before cases are filed, giving one side the ability to define those judges. Tyler Young, president-elect of the Utah State Bar, stated the bill is designed to protect the government from having laws blocked rather than protecting citizens from unconstitutional action. He warned it creates a structural bias toward allowing enforcement of potentially unconstitutional laws and undermines public trust in judicial independence. This bill, combined with recent actions stripping Supreme Court justices of choosing their own chief justice and pending bills to make retention elections harder, represents a coordinated attack on judicial independence. The cost is $9 million in the first year and $4.5 million annually thereafter. Chief Justice Matthew Durrant has stated the Supreme Court has essentially no backlog, making the justification for this restructuring even more suspect. Our courts exist to check legislative power when it violates constitutional rights. Please vote no on HB392.