Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 204 (2025GS)

Sponsor

Sen. Brammer, Brady

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the appellate jurisdiction of the Supreme Court and Court of Appeals;
• defines terms related to a civil action in which a trial court grants an injunctive order restraining the execution or enforcement of a state law or any part of a state law;
• grants a right to an appeal of an injunctive order in certain circumstances; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

6
78A-3-102
78A-4-103
78B-5-1001
78B-5-1002
0
Right to Appeal Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill addresses a right to an appeal of an injunctive order.
Highlighted Provisions:
This bill:
modifies the appellate jurisdiction of the Supreme Court and Court of Appeals;
defines terms related to a civil action in which a trial court grants an injunctive order 
restraining the execution or enforcement of a state law or any part of a state law;
grants a right to an appeal of an injunctive order in certain circumstances; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-3-102
, as last amended by Laws of Utah 2009, Chapter 344
78A-4-103
, as last amended by Laws of Utah 2023, Chapter 516
ENACTS:
78B-5-1001
, Utah Code Annotated 1953
78B-5-1002
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
78A-3-102
 is amended to read:
78A-3-102
. Supreme Court jurisdiction.
(1)
The Supreme Court has original jurisdiction to answer questions of state law certified 
by a court of the United States.
(2)
The Supreme Court has original jurisdiction to issue all extraordinary writs and 
authority to issue all writs and process necessary to carry into effect 
its
the Supreme 
Court's
 orders, judgments, and decrees or in aid of its jurisdiction.
(3)
The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutory 
appeals, over:
(a)
a judgment of the Court of Appeals;
(b)
cases certified to the Supreme Court by the Court of Appeals prior to final judgment 
by the Court of Appeals;
(c)
discipline of lawyers;
(d)
final orders of the Judicial Conduct Commission;
(e)
final orders and decrees in formal adjudicative proceedings originating with:
(i)
the Public Service Commission;
(ii)
the State Tax Commission;
(iii)
the School and Institutional Trust Lands Board of Trustees;
(iv)
the Board of Oil, Gas, and Mining;
(v)
the state engineer; or
(vi)
the executive director of the Department of Natural Resources reviewing actions 
of the Division of Forestry, Fire, and State Lands;
(f)
final orders and decrees of the district court review of informal adjudicative 
proceedings of agencies under Subsection 
(3)(e)
;
(g)
a final judgment or decree of any court of record holding a statute of the United 
States or this state unconstitutional on its face under the Constitution of the United 
States or the Utah Constitution;
(h)
interlocutory appeals from any court of record involving a charge of a first degree or 
capital felony;
(i)
appeals from the district court involving a conviction or charge of a first degree 
felony or capital felony;
(j)
orders, judgments, and decrees of any court of record over which the Court of 
Appeals does not have original appellate jurisdiction;
 and
(k)
appeals from the district court of orders, judgments, or decrees ruling on legislative 
subpoenas
.
; and
(l)
an appeal of an injunctive order as described in Section 
78B-5-1002
.
(4)
The Supreme Court may transfer to the Court of Appeals any of the matters over which 
the Supreme Court has original appellate jurisdiction, except
 for
:
(a)
capital felony convictions or an appeal of an interlocutory order of a court of record 
involving a charge of a capital felony;
(b)
election and voting contests;
(c)
reapportionment of election districts;
(d)
retention or removal of public officers;
(e)
matters involving legislative subpoenas; and
(f)
those matters described in Subsections 
(3)(a)
 through 
(d)
.
a matter described in 
Subsections 
(3)
(a) through (d) or Subsection (3)(l).
(5)
The Supreme Court has sole discretion in granting or denying a petition for writ of 
certiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall 
review those cases certified to 
it
the Supreme Court
 by the Court of Appeals under 
Subsection 
(3)(b)
.
(6)
The Supreme Court shall comply with the requirements of 
Title 63G, Chapter 4, 
Administrative Procedures Act
, in 
its
the Supreme Court's
 review of agency 
adjudicative proceedings.
Section 2, Section 
78A-4-103
 is amended to read:
78A-4-103
. Court of Appeals jurisdiction.
(1)
As used in this section, "adjudicative proceeding" does not include a proceeding under 
Title 63G, Chapter 2, Part 4, Appeals
, that precedes judicial review under Section 
63G-2-404
.
(2)
The Court of Appeals has jurisdiction to issue all extraordinary writs and to issue all 
writs and process necessary:
(a)
to carry into effect 
its
the
 judgments, orders, and decrees
 of the Court of Appeals
; or
(b)
in aid of 
its
the
 jurisdiction
 of the Court of Appeals
.
(3)
The Court of Appeals has appellate jurisdiction, including jurisdiction of interlocutory 
appeals, over:
(a)
(i)
a final order or decree resulting from:
(A)
a formal adjudicative proceeding of a state agency;
(B)
a special adjudicative proceeding, as described in Section 
19-1-301.5
; or
(C)
a hearing before a local school board or the State Board of Education as 
described in Section 
53G-11-515
; or
(ii)
an appeal from the district court review of an informal adjudicative proceeding of 
an agency other than the following:
(A)
the Public Service Commission;
(B)
the State Tax Commission;
(C)
the School and Institutional Trust Lands Board of Trustees;
(D)
the Division of Forestry, Fire, and State Lands, for an action reviewed by the 
executive director of the Department of Natural Resources;
(E)
the Board of Oil, Gas, and Mining; or
(F)
the state engineer;
(b)
appeals from the district court review of:
(i)
adjudicative proceedings of agencies of political subdivisions of the state or other 
local agencies; and
(ii)
a challenge to agency action under Section 
63G-3-602
;
(c)
appeals from the juvenile courts;
(d)
interlocutory appeals from any court of record in criminal cases, except those 
involving a charge of a first degree or capital felony;
(e)
appeals from a court of record in criminal cases, except those involving a conviction 
or charge of a first degree felony or capital felony;
(f)
appeals from orders on petitions for extraordinary writs sought by persons who are 
incarcerated or serving any other criminal sentence, except 
for 
petitions constituting a 
challenge to a conviction of or the sentence for a first degree or capital felony;
(g)
appeals from the orders on petitions for extraordinary writs challenging the decisions 
of the Board of Pardons and Parole except in cases involving a first degree or capital 
felony;
(h)
appeals from district court involving domestic relations cases, including, but not 
limited to, divorce, annulment, property division, child custody, support, parent-time, 
visitation, adoption, and paternity;
(i)
appeals from the Utah Military Court; and
(j)
cases transferred to the Court of Appeals from the Supreme Court.
(4)
The Court of Appeals does not have appellate jurisdiction over an appeal of an 
injunctive order described in Section 
78B-5-1002
.
(4)
(5)
The Court of Appeals upon its own motion only and by the vote of four judges of 
the court may certify to the Supreme Court for original appellate review and 
determination any matter over which the Court of Appeals has original appellate 
jurisdiction.
(5)
(6)
The Court of Appeals shall comply with the requirements of 
Title 63G, Chapter 4, 
Administrative Procedures Act
, in its review of agency adjudicative proceedings.
Section 3, Section 
78B-5-1001
 is enacted to read:
5. TRIAL, JUDGMENT, AND APPEAL
10. Appeals
78B-5-1001
. Definitions for part.
Reserved.
Section 4, Section 
78B-5-1002
 is enacted to read:
78B-5-1002
. Right to an appeal of an injunctive order.
(1)
As used in this section:
(a)
"Defendant" means a defendant in the civil action or a party affected by the 
injunctive order.
(b)
"Governmental entity" means the state, a county, a municipality, a special district, a 
special service district, a school district, a state institution of higher education, or any 
other political subdivision or administrative unit of the state.
(c)
"Injunctive order" means a temporary restraining order, a preliminary injunction, a 
permanent injunction, or any order or judgment that restrains or enjoins the execution 
or enforcement of a state law or any part of a state law.
(d)
"Plaintiff" means the party seeking the injunctive order.
(e)
"State law" means a state statute, a provision of the Utah Constitution, or any action 
of the Legislature.
(2)
A defendant has a right in a civil action to appeal a decision by a trial court of this state 
to grant, continue, modify, or refuse to modify an injunctive order if the underlying 
claim for the injunctive order is that the state law, or any part of the state law, is 
unconstitutional on its face.
(3)
Upon an appeal described in Subsection 
(2)
, the Supreme Court shall determine whether:
(a)
the decision of the trial court is correct; and
(b)
there is a substantial likelihood that the plaintiff will prevail on the merits of the 
claim that the state law, or any part of the state law, is unconstitutional on its face.
(4)
If a governmental entity brings an appeal under Subsection (2), the governmental entity 
is not required to post a bond for the appeal.
(5)
This section applies to an action pending in a court of this state on and after May 7, 
2025.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 3:38 PM