MATHESON v. FERRY

No. 18644.

657 P.2d 240 (1982)

Scott M. MATHESON, Governor of the State of Utah, Plaintiff and Respondent, v. Miles "Cap" FERRY, as President of the Utah State Senate, a member of the Utah State Senate, and representative of all the members of the Utah Senate, Defendant and Appellant.

Supreme Court of Utah.

October 21, 1982.


Attorney(s) appearing for the Case

Edward W. Clyde, Rodney G. Snow, Salt Lake City, for defendant and appellant.

Michael D. Zimmerman, Salt Lake City, for plaintiff and respondent.


PER CURIAM:

It is the judgment of the Court that Senate confirmation of judicial appointments as provided for in H.B. 62 is constitutional as to juvenile court appointments, but is unconstitutional as to supreme court, district court and circuit court appointments.

The district court held that H.B. 62 was not severable and that the whole of the act was unconstitutional. It is true that the act contains no severability clause, but we nevertheless find severability...

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