Jenkins v. Finlinson

MAUGHAN, Justice:

Plaintiff appeals following a hearing at which the trial court granted defendants’ motions to dismiss. The court held:

1. Attorneys as officers of the court do not exercise any judicial powers of the Judicial branch of state government and therefore, attorneys who serve in public office do not violate Article V of the Utah Constitution.

2. Plaintiff had no standing to sue to restrain defendants Matheson and Finlin-son from the practice of law while they serve in public office.

3. Plaintiff had no standing to seek refund of legal fees collected by defendants while serving in…