78A-3-102 - Supreme Court jurisdiction. - Utah Statutes

78A-3-102. Supreme Court jurisdiction.
(1) The Supreme Court has original jurisdiction to answer questions of state law certifiedby a court of the United States.
(2) The Supreme Court has original jurisdiction to issue all extraordinary writs andauthority to issue all writs and process necessary to carry into effect its orders, judgments, anddecrees or in aid of its jurisdiction.
(3) The Supreme Court has appellate jurisdiction, including jurisdiction of interlocutoryappeals, over:
(a) a judgment of the Court of Appeals;
(b) cases certified to the Supreme Court by the Court of Appeals prior to final judgmentby 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 ofthe Division of Forestry, Fire, and State Lands;
(f) final orders and decrees of the district court review of informal adjudicativeproceedings of agencies under Subsection (3)(e);
(g) a final judgment or decree of any court of record holding a statute of the UnitedStates or this state unconstitutional on its face under the Constitution of the United States or theUtah Constitution;
(h) interlocutory appeals from any court of record involving a charge of a first degree orcapital felony;
(i) appeals from the district court involving a conviction or charge of a first degree felonyor capital felony;
(j) orders, judgments, and decrees of any court of record over which the Court of Appealsdoes not have original appellate jurisdiction; and
(k) appeals from the district court of orders, judgments, or decrees ruling on legislativesubpoenas.
(4) The Supreme Court may transfer to the Court of Appeals any of the matters overwhich the Supreme Court has original appellate jurisdiction, except:
(a) capital felony convictions or an appeal of an interlocutory order of a court of recordinvolving 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).
(5) The Supreme Court has sole discretion in granting or denying a petition for writ ofcertiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall review

those cases certified to it 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 review of agency adjudicative proceedings.

Amended by Chapter 344, 2009 General Session