Kathy Adams: 'The parallels for undermining court authority nationwide and Brammer’s HJR2 Resolution are uncanny.'
Utah Supreme Court Chief Justice Mathew Durrant speaks to the legislature, on opening day of the 2023 session, on Tuesday, Jan. 17, 2023.State courts and judges are under attack by conservative state legislatures across the country – and Utah stateAs of last summer, half of all U.S. states had proposed bills enabling legislatures to override court decisions or change procedural rules taking away or limiting courts’ independence and authority.
The parallels for undermining court authority nationwide and Brammer’s HJR2 Resolution are uncanny. A outlined bills passed or proposed in 25 states designed to undermine state courts and empower state legislatures:. Brammer’s “joint resolution” amends the Utah Rules of Civil Procedure. Restricting courts’ authority over procedural rules effectively kicks the legs out from under judicial decision-making. – HJR2 would give the legislature the power to retroactively reverse all stays and bans obliterating state judges’ authority.
Take a moment and listen to the recording of Justice Durrant giving his State of the Judiciary address on Jan 17. The first part is presenting the judicial branch’s goals and priorities for 2023. The remainder is a respected judge being required to ask a part-time political body made up of 40% real estate developers, property managers and eviction lawyers for money to fund what once was an independent branch of government.
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