Vouchers Now Await Utah Supreme Court Ruling

None by KCPW

(KCPW News) Before voters have their say on the voucher issue this November, the Utah State Supreme Court will take a stab at the issue. Multiple petitions on the issue are making their way to the high court where the road ends, according to former Chief Justice Michael Zimmerman:

"Unless there's a federal constitutional issue that the Utah Supreme Court bases its decision upon, the Utah Supreme Court say is final," says Zimmerman. "So if somebody doesn't like the result, then I guess you go pass a new statute."

Governor Huntsman, the State Board of Education, numerous lawmakers and people on both sides of the voucher issue hope the Supreme Court will resolve the growing confusion between two voucher bills and November's pending referendum. The two petitions headed for the Supreme Court deal specifically with proposed ballot language, but also ask the court to clarify whether a successful referendum will void a second voucher measure that some believe could keep vouchers on the books. Zimmerman, who is an attorney for the law firm of Snell and Wilmer, says the Supreme Court can hear the voucher-related petitions as quickly as it likes, and could handle both in one proceeding:

"These things are usually briefed in fairly short order," says Zimmerman. "So they might like the opportunity to ask all the players questions and play them off against each other in oral argument where it might be most educational for them."

The petitioners have requested a prompt ruling since it could affect their campaign efforts leading up to November. If the court does not act swiftly, Governor Huntsman says he will consider calling lawmakers into special session to address the issue.

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