Jenkins v. State

585 P.2d 442, 1978 Utah LEXIS 1427

Opinions

MAUGHAN, Justice:

Before us is a summary judgment in favor of plaintiff, who appeared pro se in the trial court.

The court held:

1. It had jurisdiction.

2. Plaintiff had standing.

3. The Forty Second, 1977-78 Utah Legislature was already seated, and is a de facto legislature.

4. All laws enacted by the 1977-78 legislature are valid, and monies collected by that body need not be returned to the people.

5.Administrators and teachers employed by Utah Public School System hold a public office of profit or trust, and thus may not be members of the Utah Legislature; because such would" be in violation of Art. VI, Sec. 6, Constitution of Utah.

We affirm the holdings of the trial court in 1 and 2. As to 3 and 4, we hold the Forty Second Legislature to be, at least, a de facto Legislature. Thus, laws enacted by it are not invalid by reason of its membership. As to Number 5, we do not reach that issue, and the District Court should not have reached it, because proper parties defendant are not before the court. For that reason we reverse the District Court as to Number 5: Because proper parties defendant are not before the court, a decision disposing of Number 5 would be advisory only. Rendering advisory opinions is not a function of this Court.

An inherent role of the judiciary, in matters of this nature, is interpretation of Constitutional provisions. Thus, jurisdiction is properly lodged.¹

Appellants cite the usual rule that one must be personally adversely affected before he has standing to prosecute an action.² While such is true, it is also true this Court may grant standing where matters of great public interest and societal impact are concerned.³

ELLETT, C. J., and HALL, J., concur.

Footnotes

1

. See also: Powell v. McCormack, 395 U.S. 486, 89 S.Ct. 1944, 23 L.Ed. 491 (1969); State v. Dubuque, 68 Wash.2d 553, 413 P.2d 972 (1966); Hayes v. Gill, 52 Haw. 251, 473 P.2d 872 (1970); State v. Lockhart, 76 Ariz. 390, 265 P.2d 447 (1953).

2

. Johnson v. State Tax Commission, 17 Utah 2d 337, 411 P.2d 831 (1966).

3

. See State ex rel. Sego v. Kirkpatrick, 86 N.M. 359, 524 P.2d 975 (1974).