House approves change to allow one-time change of judge as of right in civil cases

The Utah House on Feb. 20 approved second substitute HGR8, a measure amending civil-procedure rules to permit a party to request a change of judge as of right within seven days of assignment in civil cases, with mutual rights for both parties and exemptions for specialty courts.

Representative Grama presented the substitute, saying the change mirrors procedures in other Western states and is intended to enhance faith in the judicial process. “No party should go into a courtroom feeling disadvantaged,” Grama said, arguing the mechanism would improve confidence in impartial adjudication.

Opponents contended the change risks encouraging tactical filings to obtain favorable judges and could diminish incentives for judges to remain impartial. Representative King, who practices litigation, warned that allowing counsel to strike judges based on preference could make it “less likely that judges work as hard as they otherwise would to be impartial.” Representative Brammer described existing tactics such as repeated filings to capture a favored judge and supported the reform as a way to offer litigants confidence.

Supporters including practicing attorneys argued the rule would let litigants request judges with appropriate subject-matter experience. Representative Abbott said the change can speed case handling when a judge lacks relevant experience.

The House adopted the second substitute and passed it with 52 yeas and 16 nays. The measure will be sent to the Senate for further consideration.

What’s next: HGR8 moves to the Senate for committee review and potential further modification.