467 P.3d 832
Utah2020Background
- Petitioners: ACLU of Utah, Disability Law Center, and Utah Association of Criminal Defense Attorneys filed a petition for extraordinary relief on behalf of all incarcerated individuals in Utah at risk of contracting COVID-19.
- No individual inmate was named as a petitioner.
- Respondents (State of Utah, counties, and county jail administrators) and intervenors argued petitioners lacked standing.
- Petitioners did not assert traditional standing or associational standing.
- Petitioners asserted public interest standing; the court required them to show the issues were unlikely to be raised if standing were denied.
- The court concluded petitioners failed that showing, dismissed the petition, and denied other pending motions as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioners have traditional or associational standing | Did not assert traditional or associational standing | No personal injury; individuals not before court | Petitioners did not claim these forms of standing; not available here |
| Whether public interest standing permits the suit | Public interest standing allows them to litigate systemic COVID-19 risk to inmates | Doctrine is questionable and burden to show necessity not met | Public interest standing requires showing issues unlikely to be raised otherwise; petitioners failed |
| Burden to qualify for public interest standing | Petitioners argued systemic need to litigate on inmates’ behalf | Respondents contested sufficiency of proof that issues would go unraised | Court: petitioners did not meet their burden to demonstrate that requirement |
| Disposition and relief sought | Sought extraordinary relief for incarcerated population | Respondents sought dismissal for lack of standing | Petition dismissed; all other pending motions denied as moot |
Key Cases Cited
- Jenkins v. Swan, 675 P.2d 1145 (Utah 1983) (defines traditional standing requirement of concrete personal stake)
- Utah Chapter of Sierra Club v. Utah Air Quality Bd., 148 P.3d 960 (Utah 2006) (discusses public interest standing and its prerequisites)
- Haik v. Jones, 427 P.3d 1155 (Utah 2018) (expresses judicial skepticism about public interest standing)
- Gregory v. Shurtleff, 299 P.3d 1098 (Utah 2013) (explains burden that public interest litigants must show issues unlikely to be raised otherwise)