In a ruling issued on a recent Friday, Third District Judge Dianna Gibson expressed disapproval of the Utah Legislature's approach to a redistricting case, allowing Republican lawmakers to expedite their appeal of her decisions. Judge Gibson noted that the legislature had previously indicated intentions to appeal but failed to use appropriate legal channels available to them months prior.

Gibson's order certified her August 25 ruling, which invalidated the legislature's repeal of voter-approved Proposition 4 and permanently blocked the congressional map established in 2021. This ruling allows lawmakers to appeal directly to the Utah Supreme Court, a process they could have initiated earlier without requiring the judge's permission.

Proposition 4, which was passed by voters in 2018, aimed to implement independent redistricting criteria and prohibit partisan gerrymandering. However, the Republican-controlled legislature repealed this measure in 2020, subsequently creating a congressional map that fragmented Salt Lake County into four districts, thereby diluting Democratic voting strength.

Judge Gibson highlighted the irony of the legislature's delay in filing their appeal, noting that they did so 29 days after her November 10 ruling, still within the 30-day window for direct appeal to the Utah Supreme Court. The legislature's legal representatives argued that a final judgment was necessary before they could appeal, yet Gibson pointed out that they had alternative paths available that did not require court approval, which they chose to ignore.

The judge rejected the legislature's claim that an earlier appeal would complicate proceedings, stating that their decision to delay indicated an awareness of the available options. Gibson's ruling also clarified that the case was not concluded, as over 20 claims remain unresolved, including new challenges to the legislature's remedial map.

Despite her criticisms, Gibson acknowledged the importance of a swift Supreme Court review to eliminate uncertainty surrounding Utah's congressional elections and clarify the balance of power between the legislature and the electorate. She emphasized the need for a definitive resolution to these legal questions to serve the public interest.

In her conclusion, Gibson remarked on the legislature's failure to act on their right to appeal directly, stating that no valid justification was provided for their inaction. She instructed the legislature to draft a formal final judgment consistent with her ruling, which would enable them to appeal to the Utah Supreme Court. The outcome of this appeal will not only affect the congressional map but also the viability of voter ballot initiatives against legislative opposition. Currently, a map proposed by plaintiffs, which favors Democratic representation in Salt Lake County, is in effect, as the legislature's remedial map was found to violate Proposition 4's anti-gerrymandering standards.