In Re Young

¶ 35 On July 10, 1998, this Court unanimously held in In re Young, 961 P.2d 918 (Utah 1998),1 that Utah Code Ann. § 78-7-27(l)(a) and (b) violated the separation of powers provision of the Utah Constitution, Article V, section 1. Those two subsections authorized the President of the Senate and the Speaker of the House to appoint members of the Legislature to the Judicial Conduct Commission. After Young was handed down, various legislators threatened to initiate retaliatory action against the judiciary by asserting even greater legislative control over discipline and retention of judges. Four…