Utah SB 2002: Appellate Court Jurisdiction Amendments

Bill Text

12-08 12:55 S.B. 2002
1 Appellate Court Jurisdiction Amendments
2025 SECOND SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Jefferson S. Burton
2

3 LONG TITLE
4 General Description:
5 This bill amends and clarifies the jurisdiction of Utah appellate courts.
6 Highlighted Provisions:
7 This bill:
8 ▸ clarifies the exclusive and original appellate jurisdiction of the Utah Supreme Court;
9 ▸ provides that a final judgment in certain cases is appealable even if a motion or claim for
10 attorney fees has not been entered by the district court;
11 ▸ clarifies the jurisdiction of the Utah Court of Appeals; and
12 ▸ makes technical and conforming changes.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 This bill provides a special effective date.
17 Utah Code Sections Affected:
18 AMENDS:
19 78A-3-102, as last amended by Laws of Utah 2025, Chapters 190, 456
20 78A-4-103, as last amended by Laws of Utah 2025, Chapters 190, 456
21

22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78A-3-102 is amended to read:
24 78A-3-102 . Jurisdiction of Supreme Court.
25 (1) The Supreme Court has original jurisdiction to answer questions of state law certified
26 by a court of the United States.
27 (2) The Supreme Court has original jurisdiction to issue all extraordinary writs and
28 authority to issue all writs and process necessary to carry into effect the Supreme Court's
29 orders, judgments, and decrees or in aid of [its jurisdiction] the jurisdiction of the
30 Supreme Court.
S.B. 2002

S.B. 2002 12-08 12:55
31 [(3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory
32 appeals, over:]
33 [(a) a judgment of the Court of Appeals;]
34 [(b) cases certified to the Supreme Court by the Court of Appeals prior to final judgment
35 by the Court of Appeals;]
36 [(c) discipline of lawyers;]
37 [(d) final orders of the Judicial Conduct Commission;]
38 [(e) a final agency action, as described in Section 63G-4-403, in a formal adjudicative
39 proceeding originating from:]
40 [(i) the Public Service Commission;]
41 [(ii) the State Tax Commission;]
42 [(iii) the School and Institutional Trust Lands Board of Trustees;]
43 [(iv) the Board of Oil, Gas, and Mining;]
44 [(v) the state engineer; or]
45 [(vi) the executive director of the Department of Natural Resources reviewing actions
46 of the Division of Forestry, Fire, and State Lands;]
47 [(f) final orders and decrees of the district court review of informal adjudicative
48 proceedings of agencies under Subsection (3)(e);]
49 [(g) a final judgment or decree of any court of record holding a statute of the United
50 States or this state unconstitutional on its face under the Constitution of the United
51 States or the Utah Constitution;]
52 [(h) interlocutory appeals from any court of record involving a charge of a first degree or
53 capital felony;]
54 [(i) appeals from the district court involving a conviction or charge of a first degree
55 felony or capital felony;]
56 [(j) orders, judgments, and decrees of any court of record over which the Court of
57 Appeals does not have original appellate jurisdiction;]
58 [(k) appeals from the district court of orders, judgments, or decrees ruling on legislative
59 subpoenas; and]
60 [(l) an appeal of an injunctive order as described in Section 78B-5-1002.]
61 [(4) The Supreme Court may transfer to the Court of Appeals any of the matters over which
62 the Supreme Court has original appellate jurisdiction, except for:]
63 [(a) capital felony convictions or an appeal of an interlocutory order of a court of record
64 involving a charge of a capital felony;]
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12-08 12:55 S.B. 2002
65 [(b) election and voting contests;]
66 [(c) reapportionment of election districts;]
67 [(d) retention or removal of public officers;]
68 [(e) matters involving legislative subpoenas; and]
69 [(f) a matter described in Subsections (3)(a) through (d) or Subsection (3)(l).]
70 (3)(a) The Supreme Court has exclusive and original appellate jurisdiction, including
71 exclusive and original appellate jurisdiction of an interlocutory appeal, over:
72 (i) a judgment of the Court of Appeals;
73 (ii) a case certified to the Supreme Court by the Court of Appeals before final
74 judgment by the Court of Appeals;
75 (iii) the discipline of a lawyer;
76 (iv) a final order of the Judicial Conduct Commission;
77 (v) an interlocutory appeal from a court of record involving a capital felony;
78 (vi) an appeal from the district court involving a conviction or charge of a capital
79 felony;
80 (vii) an appeal from the district court of an order, judgment, or decree ruling on a
81 legislative subpoena;
82 (viii) an appeal of an injunctive order as described in Section 78B-5-1002;
83 (ix) a judgment, or an interlocutory appeal of an order, of a district court involving:
84 (A) an election or voting contest; or
85 (B) the establishment of boundaries of political districts for p