Amendment would rein in judiciary

At times a court orders the state, usually the Tax Commission, to do something with money — like rebate taxes improperly collected. And there are times when a state court may order a local government to pay off some kind of civil claim, and what could result in a local property tax increase.

But Hughes said his amendment will not affect that type of routine interaction between the judicial, legislative and executive branches of any government.

"While it has not happened in Utah, and there is no immediate danger of it happening here, we still don't want it to ever happen" where the high court could order the Legislature to appropriate a specific amount of cash for a program, said Hughes.

A constitutional amendment must pass both the House and Senate by two-thirds majorities. It then goes on the next general election ballot — in this case, 2006 — for approval or rejection by voters.

"We recognize that if this gets on the ballot and fails, then the Supreme Court could read that as citizens giving (justices) the specific power to appropriate money — something that is somewhat mirky now," Hughes said. "But it would eliminate all doubts (of the court having that power) if the amendment passes, which we believe it should."

---

E-mail: bbjr@desnews.com