36-14-5 - Legislative subpoenas -- Enforcement.
36-14-5. Legislative subpoenas -- Enforcement.
(1) If any person disobeys or fails to comply with a legislative subpoena, or if a personappears before a legislative body pursuant to a subpoena and refuses to testify to a matter uponwhich he may be lawfully interrogated, that person is in contempt of the Legislature.
(2) (a) When the subject of a legislative subpoena disobeys or fails to comply with thelegislative subpoena, or if a person appears before a legislative body pursuant to a subpoena andrefuses to testify to a matter upon which the person may be lawfully interrogated, the issuer may:
(i) file a motion for an order to compel obedience to the subpoena with the district court;
(ii) file, with the district court, a motion for an order to show cause why the penaltiesestablished in Title 78B, Chapter 6, Part 3, Contempt, should not be imposed upon the personnamed in the subpoena for contempt of the Legislature; or
(iii) pursue other remedies against persons in contempt of the Legislature.
(b) (i) Upon receipt of a motion under this subsection, the court shall expedite thehearing and decision on the motion.
(ii) A court may:
(A) order the person named in the subpoena to comply with the subpoena; and
(B) impose any penalties authorized by Title 78B, Chapter 6, Part 3, Contempt, upon theperson named in the subpoena for contempt of the Legislature.
(3) (a) If a legislative subpoena requires the production of accounts, books, papers,documents, or other tangible things, the person or entity to whom it is directed may petition adistrict court to quash or modify the subpoena at or before the time specified in the subpoena forcompliance.
(b) An issuer may respond to a motion to quash or modify the subpoena by pursuing anyremedy authorized by Subsection (2).
(c) If the court finds that a legislative subpoena requiring the production of accounts,books, papers, documents, or other tangible things is unreasonable or oppressive, the court mayquash or modify the subpoena.
(4) Nothing in this section prevents an issuer from seeking an extraordinary writ toremedy contempt of the Legislature.
(5) Any party aggrieved by a decision of a court under this section may appeal that actiondirectly to the Utah Supreme Court.
Amended by Chapter 3, 2008 General Session