1. (1) Except as provided in Subsection (2)(a), a single judge of the Constitutional Court may conduct all proceedings in an action before the Constitutional Court.

2. (2)

   1. (a) The Constitutional Court shall sit en banc for:

      1. (i) an adjudication of a challenge to a notice of removal as described in Subsection 78A-5b-104(2);
      2. (ii) a discovery dispute between the parties that involves a constitutional issue or right;
      3. (iii) a trial;
      4. (iv) a proceeding regarding whether to grant injunctive relief; or
      5. (v) a motion that would dispose of the action or any claim or defense in the action.
   2. (b) Upon a party's request, or by majority vote of the judges of the Constitutional Court, the Constitutional Court may sit en banc for any issue before the Constitutional Court.
   3. (c) A judge of the Constitutional Court may concur or dissent from any decision for which the Constitutional Court sits en banc.

3. (3)

   1. (a) If a judge of the Constitutional Court is unable to participate in a trial or proceeding described in Subsection (2) due to recusal or disqualification, a district court judge or Court of Appeals judge may be assigned to sit on the panel and participate in the trial or proceeding.
   2. (b) The presiding officer of the Judicial Council shall designate a pool of three district court judges or Court of Appeals judges to be randomly assigned to the Constitutional Court to sit on the panel when a judge of the Constitutional Court is unable to sit on the panel due to recusal or disqualification.

Enacted by Chapter 38, 2026 General Session