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Legal Opinion

Matheson v. Ferry

Utah Supreme Court

Decided January 11, 1982No. 17961PublishedCited by 15 opinions

1Opinion of the Court

BULLOCK, District Judge:

This is a class action for a declaratory judgment initiated by the Governor of Utah on July 1, 1981, against all members of the Utah Senate and House of Representatives, and 16 legislatively appointed members of Supreme and district court nominating commissions.

The Governor alleges that including legislative appointees on district and Supreme court nominating commissions and requiring the submission of his judicial appointees to the Senate for its advice and consent violate the separation of powers principle guaranteed by Article V, § 1 of the Utah Constitution. That…

2Cases cited14 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Springer v. Government of Philippine IslandsSupreme Court of the United States · 1928
  3. Leek v. TheisSupreme Court of Kansas · 1975
  4. Book v. State Office Building CommissionIndiana Supreme Court · 1958
  5. Mulcahy v. Public Service CommissionUtah Supreme Court · 1941

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3Cited by15 opinions

  1. Jenkins v. SwanUtah Supreme Court · 1983
  2. Timpanogos Planning & Water Management Agency v. Central Utah Water Conservancy DistrictUtah Supreme Court · 1984
  3. In Re YoungUtah Supreme Court · 1999
  4. Alpine Homes, Inc. v. City of W. JordanUtah Supreme Court · 2017
  5. Cooper v. State of UtahDistrict Court, D. Utah · 1987

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