Plaintiffs' Fifth Supplemental Complaint

On February 13, 2026, the Utah Legislature passed H.B. 392 and S.J.R. 5, which created a unilateral power for government litigants to choose to have a case transferred from a single district court judge to a panel of three judges for any reason. Under the new law, only the Legislature, governor, or attorney general can choose to transfer a case to a three-judge panel, and the choice is immune from legal challenge or judicial review. This scheme violates the Utah Constitution's requirement that a "district court" comprise a single judge. The unilateral and arbitrary power of H.B. 392 violates the Utah Constitution's Uniform Operations Clause, the prohibition on special laws, and the Open Court Clause. And the lack of judicial review violates the Due Process and Open Courts Clauses. Plaintiffs filed a supplemental complaint challenging H.B. 392 and S.J.R. 5.