Utah Supreme Court
When will Utah appellate courts decline interlocutory appeals due to mootness? Salt Lake Tribune v. State Records Committee Explained
Summary
The Salt Lake Tribune sought police records from BYU’s police department under GRAMA, but the State Records Committee determined it lacked jurisdiction because BYU’s police department was not a governmental entity. While the case was on interlocutory appeal, the legislature amended GRAMA to explicitly include private university police departments as governmental entities subject to disclosure requirements.
Practice Areas & Topics
Analysis
Background and Facts
The Salt Lake Tribune investigated allegations that Brigham Young University was mishandling sexual abuse reports, with the university’s police department allegedly aiding the Honor Code Office in disciplining student victims. Reporter Matthew Piper submitted a GRAMA request to BYU’s police department seeking records related to honor code matters and communications with university offices. When the police department denied part of the request, the Tribune appealed to the Utah State Records Committee, which concluded it lacked jurisdiction because BYU’s police department was not a “governmental entity” under GRAMA. The Tribune then petitioned for judicial review in district court.
Key Legal Issues
The central question on interlocutory appeal was whether BYU’s police department constituted a “governmental entity” subject to GRAMA’s disclosure requirements under the 2016 version of the statute. However, during the pendency of the appeal, the legislature amended GRAMA in 2019 to explicitly define private university police departments as governmental entities subject to the statute.
Court’s Analysis and Holding
The Utah Supreme Court exercised its discretion to decline deciding the interlocutory appeal under Utah Rule of Appellate Procedure 5(g). The court reasoned that the 2019 legislative amendments rendered any decision on the original question without precedential value for future cases. Additionally, the Tribune had submitted a new GRAMA request under the amended statute, potentially resolving the underlying dispute. The court concluded that determining the correctness of the district court’s order would not better serve the administration and interests of justice.
Practice Implications
This decision demonstrates that Utah appellate courts will decline interlocutory appeals when intervening statutory changes render the legal question moot or without future application. Practitioners should monitor legislative developments that may affect pending appeals and consider whether changed circumstances warrant dismissal or remand rather than pursuing costly appellate litigation on obsolete legal issues.
Case Details
Case Name
Salt Lake Tribune v. State Records Committee
Citation
2019 UT 68
Court
Utah Supreme Court
Case Number
No. 20180601
Date Decided
December 4, 2019
Outcome
Remanded
Holding
The Utah Supreme Court declined to decide whether BYU’s police department was a governmental entity under the 2016 GRAMA statute after the legislature amended the statute in 2019 to explicitly include private university police departments as governmental entities.
Standard of Review
Not applicable – interlocutory appeal declined
Practice Tip
Monitor pending legislation that may affect your case during the appellate process, as statutory changes can render legal issues moot and affect the court’s willingness to decide interlocutory appeals.
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