Jensen v. Matheson

583 P.2d 77, 1978 Utah LEXIS 1372
CourtUtah Supreme Court
DecidedJuly 27, 1978
Docket15826
StatusPublished
Cited by5 cases

This text of 583 P.2d 77 (Jensen v. Matheson) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jensen v. Matheson, 583 P.2d 77, 1978 Utah LEXIS 1372 (Utah 1978).

Opinions

CROCKETT, Justice:

Plaintiffs Moroni L. Jensen, President of the State Senate, and Glade M. Sowards, Speaker of the House, brought this declaratory judgment action in district court to have a determination made as to the validity of certain bills passed by the 1978 budget session of our Legislature.

The questioned bills, with their identifying labels are House Bills Numbered 1 (Devereaux House Appropriation), 14 (Governmental Immunity Act Amendments), 96 (Highway Revenue), 108 (School Finance), 110 (Supplemental Appropriation) and Senate Bill No. 53 (Utah Technical Colleges Governance).

The questions raised are whether, in enacting those bills, the procedures set forth in Sec. 22 of Article VI, of our Constitution were properly followed.

Every bill shall be read by title three separate times in each house except in cases where two-thirds of the house where such bill is pending suspend this requirement. Except general appropriation bills and bills for the codification and general revision of laws, no bill shall be passed containing more than one subject, which shall be clearly expressed in its title. The vote upon the final passage of all bills shall be by yeas and nays and entered upon the respective journals of the house in which the vote occurs.

The trial court granted plaintiffs’ Motion for Summary Judgment as to House Bill Numbers 1, (Devereaux House Appropriation) and 14, (Governmental Immunity Act Amendments), declaring that they had not been constitutionally passed; but, on the contrary, granted defendants’ Motion for Summary Judgment as to the other bills referred to and declared that there was no constitutional impropriety as to them.

With respect to each of the bills referred to, there was an entry in the journal of each house that the bill had been passed; that it had been so certified by the Speaker of the House, the President of the Senate, so certified by the Clerk of each house, signed by the Governor and so certified to and enrolled by the Secretary of State. The attack upon the validity of those bills was on the ground that the voice recordings of legislative proceedings do not show compliance with Section 22 quoted above. This raises the problem as to what extent a court challenge may examine into operations of the Legislature.

In the interest of brevity, and because of our conclusion stated herein, it is not deemed essential to detail the claimed deficiencies in legislative procedure urged as invalidating each of the acts referred to. It [79]*79is sufficient for our purpose to so state and discuss House Bills No. 1 and 14, which were found to be invalid on account of such deficiencies. Insofar as material to the issues presented in this case, it can be said in . summary: that the journal entries with respect to each of those bills reflect that it had been read more than once, including that it had been passed on the third reading, and that the essential certifications set forth above had been complied with.

In considering our problem, there is the choice of two contrasting judicial policies. The one of exercising judicial restraint and not intruding unduly into the details of the Legislature’s operations and thus respecting its prerogatives in determining the manner and propriety of its own activities as an independent branch of government. The other is to become involved in supervising the details of the proceedings of the Legislature. We think that the first proposition represents the course which is wiser, more practical and best serves the desirable objective of respecting the integrity and maintaining the balance between the separate branches of our government.

This problem was met at the beginning of our statehood in the case of Ritchie v. Richards.1 In that case, there is a well-considered and extensive analysis of the two different points of view. The most restrictive one, which is known as the “Enrolled Bill Doctrine,” was espoused by Chief Justice Zane. It is grounded upon the proposition that when a legislative enactment has gone through the legislative process, has received the certifications by the responsible officials as recited above, and has been enrolled by the Secretary of State, there arises a practically irrebuttable presumption of validity.

Basing his opinion upon the doctrine of judicial restraint and respect for the separation of powers, Chief Justice Zane made a very persuasive argument for the “Enrolled Bill Doctrine.” The essence thereof is that when the legislative procedures have taken place, the due certification by the proper authorities gives sufficient assurance as to the procedural proprieties that the act should be conclusively presumed to have been passed as so certified; and that no other evidence should be used to impeach it. However, the majority of our Court, Justice Bartch, with Justice Miner concurring, took what we regard as a more moderate and desirable rule than the absolute presumption rule above stated. It allows reference to the legislative journals only to determine the regularity of procedure.

The justification for that position proceeds from Article VI of our state Constitution which sets forth some basic procedural requirements. Section 14, requires that:

each house shall keep a journal of its proceedings, which, except in case of executive sessions, shall be published, and the yeas and nays on any question, at the request of five members of each house, shall be entered upon the journal.

It is significant that the only other constitutional provision as to the passing of a bill and recording the votes thereon is that contained in Section 22, quoted above that:

. the vote upon the final passage of all bills shall be by yeas and nays and entered upon the respective journals of the house in which the vote occurs. [Emphasis added.]

Because of the provisions just referred to, which require the keeping of journals and the entry only of the final vote on bills therein, and further because our state Constitution provides that its requirements are mandatory,2 we are in agreement with the view that upon a challenge to the regularity of legislative procedures, the Court may look to the journals to see if that required procedure was complied with. But due to the presumption of regularity of procedure and the validity of legislative enactments, when the certifications delineated above have been completed, in order to declare an enactment invalid it would have to appear affirmatively from the journal [80]*80that there was some constitutional defect, and that this could not be shown by mere silence.3

Our reaffirmation of the majority view in Ritchie v. Richards, supra, is not merely because of veneration for its age and its authority as established law (although we are not insensitive to those values). But we do so for what we regard as its sound reasoning and salutary declaration of policy. We do think it would not be consistent with proper judicial restraint and that it would lead to impractical and perhaps interminable difficulties for the courts to go beyond the journals and permit listening to the complex and sometimes confusing voice recordings of sessions of the Legislature and/or other evidence to impeach what are presumed to be duly enacted laws; and would also provide a means for the continuation of controversies over hotly contested legislation.

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Gregory v. Shurtleff
2013 UT 18 (Utah Supreme Court, 2013)
Jensen v. Matheson
583 P.2d 77 (Utah Supreme Court, 1978)

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Bluebook (online)
583 P.2d 77, 1978 Utah LEXIS 1372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jensen-v-matheson-utah-1978.