Petition for Extraordinary Relief
The Utah Constitution creates three co-equal branches of government, and does not permit the legislature to reshape the structure of the judiciary. The Legislature's creation of a three-judge district court panel to hear certain cases violates the separation of powers, and the definition of "district court" that has existed in Utah since the founding of the state. And the Legislature's contingent "constitutional court" that would spring to life if the three-judge panel is ruled unconstitutional, is also unconstitutional. The Constitution does not permit the Legislature to change the structure of Utah's courts simply because they don't like the decisions courts have issued.
