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Show WEDNESDAY, OCTOBER 11, 1972 PAGE SEVEN THE DAILY RECORD Financing Statements In The Supreme Court Of The State Of Utah 873 944 - Elmar Gudat, 4848 S 1395 E, SLC to Bk of SL; Bt, Mtr, 718 720 such change. SLC The petitioners should have their names placed on the ballot, having tendered their filing fees at the time and place anointed, leaving it up to the people to elect them to the positions they seek, or to defeat them with a write-i- n vote, or for the Governor to call a special session, if possible, to rectify what I think will be an unconstitutional disenfranchisement of the people who are invested with every even debatable right to elect their judges without the benefit of ambiguectoplasmic ous, doubtful, historical, legal prestidigitation, or 721 - Marc DiFrancesco, 486 N 100 E, Sandy to Bk of SL; TV ill-advis- - Bntf Mattress, 3510 to Bk of SL; Eq 874 940 S 2 H 5 878 Mtn SLC E, to Cummings , 3004 Bk of SL; - Fastening Sys Inc, 3975 Main, SLC to Bk of SL; Eq allowed to vote upon them in that election. 885 One of the most fundamental rules of statutory construction is that they should be looked at as a whole, in the light of their general purpose, and should Further, in be so interpreted and applied as to accomplish that objective. 809 - Butler Const Co, to CIT Corp; Eq SLC 20-1-- The following observations are submitted as forming a legitimate part surrendered except upon a clear and unequivocal mandate of the people knowingly declared. ' I have the most profound convictions of which I am capable on these not answerable to the people, tends propositions: that uncontrolled power, to become arrogant of its own limitations and to feed on its own power. The application of this statute as does the majority, tends toward the removal of the judiciary from the people and their controls of government the ever growing insulation of through democratic processes and toward the power of government from the control of the people. On the contrary, the permitting of the plaintiffs to file and allowing the people to vote thereon would accomplish what I regard as the highly desirable and salutary obj ectives of harmonizing with the general purpose of the judicial reform statutes and of permitting the democratic processes to operate in accordance with that purpose and the general plan of our state government. - Kevin Campbell, 916 Clr, s SLC - Richard Lofgren, 3941 Oil SLC to Val Bk Tr; Eq 921 , v - Adam Gonzales, 426 to Nationw Fin; hhg 922 SLC 923 S, W - Steve Yeaman, 3125 to Val Bk Tr; Eq E, 925 - Harold tch- - Mdvl 926 927 Cmpr - Jos Cummings, 3713 S 20 E to Pioneer DodgeCntr; Cmpr E, Landers, 600 a,l0 12 den, - Virgil Guthrie, 232 Gar SLC to Fid Ind Cr; hhg 928 - Mary Altland, Rd, SLC 054 " to Comm Dale Dru? Corp, 9441 to IstSec 1 E Was l bh - George Taylor, 1187 N to Nationw Fin; hhg 839 - Myron Brlmhall, 75 Ivy Dr Hdvl to Pioneer Dodge Cntr Inc; - Lorraine Purdy, 846 S to Nationw Fin; hhg 23 S SLC W, SLC 863 W - Robt Barth, 2817 W 7268 Jrdn to Val Bk Tr; Snowm Cmpr - Franklin Bills, 150 LaBank to Nationw Fin; hhg 1 S 924 - Michael MTty, 1151 Gilmer Dodge Cntr Inc; SLC Tanner; Jewelry 'orp; Eq to Pioneer 862 Ida 2947 920 - Dr. John Gasaman, 3280 W 3500 S, Grgr to Quality Accept - Richard Watkins, 3687 Amer lean Dr, SLC to Pioneer Dodge Cntr Inc; Cmpr SLC to SLC OC - Brad Stevens, 1871 E 4675 to OC T.nner; Rings 917 , 856 860 2 S E 911 - Bert Rosenqulat, 6715 S 1680 E, SLC to AVCO; Con Gds, hh - Jaok Turner, 1195 W 10600 S Jrdn to Zion Mtr Inc; Cmpr S, Bk; 1868 Cr Pi; Village hhg sthE, vlla8e Sandy S 7 Acct Rec 11 SLC 864 - Jeffrey Clark, 258 E Will SLC to Bene Fin; hhg lam Av, 866 - John Boomer, 6312 S Ash wood, SLC to Harris Trk Eq Co; Trlr - Antonie Martineau, 324 Cy press, Mdvl to Draper Bk Tr; hhg 867 868 Clr, hhg, SLC authorities therein cited. - LeRoy Sleater, 1155 to Wlkr Bk Tr;t Eq 910 SLC 855 870 571, and - Clark Chytraua, 3354 For tuna wy, SLC to Navajo Leas; hhg - Wade Drawn, 146 Lucy, to Zion Mtrs Inc; Cmpr SLC Tr; Trlr 909 - Tony Ortega, 1598 Richards to Zion Mtr Inc; Cmpr 857 Transportat SLC to 907 - Richard Wallin, 9470 S 170 E, Sandy to Wlkr Bk Tr; TV, Furn Ma - Lelle Price, 9949 Barium to Pioneer Dodge Cntr Sandy Ln, Inc ; Cmpr 20-1-7- .7 Bk S 2 W, 334 - Jimmy Sauls, 813 Catherine to Gen El Cr Corp; hhg SLC Simon-Goodm- an Wlkr 849 , Ind Cr; hhg - - Patricia Sewell, 817 E Pa rkway, SLC to Levtlz Furn; hhg 853 Adm ion Inc, 4255 845 SLC Stewart, 7539 W to Adm Ind Cr; hhg 907 - Kenneth Hunter, 5162 Wes SLC to Levtlz Furn; hhg Rd, ley 852 4th 724 Ind Cr; hhg - Desco Inc, 154 Navajo Av, to Wlkr Bk Tr; Inven 842 ... Adm SLC 906 - John Boyd, 4468 ZaraheAla SLC to Levltz Furn; hhg Dr, 20-1-- to SLC 842 $LC to - Jerry Green, 725 3rd Av, 894 - Arthur Cassot, 1559 Gar field, SLC to HH Fin; hhg 846 - George Anderson, SLC St S - Edward Corwell, 7160 S 350 Adm Ind Cr; hhg 893 - Virthel Pyror, 905 Mtn View Dr, SLC to Adm Ind Cr; hhg - Donald Farnsworth, 791 Vice, Mur to HH Fin; hhg "... Herbert 366 892 841 The proposition just stated was taken cognizance of in this act in U. C. A. 1953, which provides that any judge who holds Section until he or his office under such an appointment shall hold only successor is elected and qualified, which election shall take place at the " general election next succeeding the appointment . . . . This leaves the way open for any qualified person to aspire to the job, for friends or supporters to encourage him to do so, and most important, it gives the people the opportunity to express their will in the selection of their judge on the nonpartisan separate election at the earliest practicable opportunity. - Arthur Swange?, to Dial Fin; hhg E, Mdvl to 838 N - Dale Baldwin, 2250 Haun, to Dial Fin; hhg 891 - Michael 3500 S, Magna 711, - Gregory Johnson, 470 in 2, SLC to HH Fin; hhg Tr; Inven, Acct f Alan Nielsen, 579 Montgo SLC to Dial Fin; hhg 890 Av, - LaMont Hune, 346 E S S, to Zion 1st Nat; Off Furn 839 on an interim basis, and yet to preserve to the public the opportunity of voting upon the judgeship at the earliest opportunity. d 4500 - Tlchard Stuart, 1047 Sago Lily, Sndy to Town Ind Fin; hhg SLC 138 S 2 E Inc, - Geroge Fawson, 6072 ate, Mur to Dial Fin; hhg 334 818 837 Eq 889 - Leonard Maddux, 1955 Redon do, SLC to Sherwln Williams Co; Spray Unit It has seemed to me that the general purpose of our judicial reform statutes including those applicable here was not to convert to a completely which enacted appointive system. I cannot believe that either the legislature of "method the a the present law, or the people who authorized change in election" by the constitutional amendment had any intention that the judiciary should become any "closed shop" through a practically exclusive appointing of process. The objective was to provide lor an appointment in the event vacancy, 1. See Sutherland, Statutory Construction, Sec. 5002 (3d Ed. 1943). 2. See Norville v. State Tax Commission, 98 Utah 170, 97 P. 2d 937, 126 A. L. R. 1318, quoting Sutherland on Statutory Construction to this effect. literalness. 2-- SLC SLC 808- 3. See statement in State v. Jones, 17 Utah 2d 190, 407 P. 888 - Julie Wilson, 1912 Douglas 11, SLC to Bene Fin; hhg the give a statute the implementation which will fulfill its purpose, over technically applied underlying reason and intention should sometimes prevail of the reasoning and intent underlying and supportive of the admittedly somewhat liberal and practical application I would give the statutes to carry out their purpose. The right to choose and elect public officials is a prinof state government as planned and set forth ciple foundational to our form 3 and it should be neither distorted, destroyed nor in our state constitution; SLC 735 - Harold Shadoan, 1395 W 2280 S, SLC to Lockhart Fin; hhg order to However, there is a difficulty which looks in the other direction, toward creating an appointive system, if we look at one portion of the next 7. 6(d). It provider that a person serving under preceding section, such an appointment "shall serve for the unexpired term of his predecessor in office or shall serve for the full term of office provided by law in case the appointment is to fill a vacancy in the office of a justice or a judge whose a new judicial office. " It will be noted that term has expired or for a literal application of that language would have the effect of filling such an office by a completely and undeniably appointive procedure, and of preventing any vote by the people t o approve or disapprove during the entire succeeding term (six years for district judges, ten years for Supreme Court justices). is literally applied, the appointee could In contrast to this, if Sec. serve only until the next general election, (about 22 months). There is no term" way he could by virtue of the appointment serve "the entire succeeding I statement to this In aBbve. 7. 6(d) quoted regard as stated in Sec. concede two things: (1) that the problem is not now confronted in this case; and (2) that it only presents one part of the statute which would be considered if and when such problem does arise. But we should act in awareness that under the majority interpretation there results confusion in procedure which, can and should be avoided together with the question of void for vagueness, advocated by plaintiffs. by reverting to the basic election procedure 887 I 731 S, Tr; - Mauel Vigil, 4746 W 5215 Krns to Dial Fin; hhg S, - Louis Parker, 4851 Mun dan Dr, SLC to Nationw Fin; hhg - Gil Humphery, 175 E to Val Bk Tr; Cmpr Bk Co Bk Rocky 886 727 732 to Utah DBA State 204, S mery, 726 - Delores Anderson, 4532 W 5055 S, Grgr to Levltz Furn; hhg of my view as to the general purpose of our statutes on judicial reform, 1 would that inasmuch prefer to take the view adopted by the plaintiffs and their advocates: as there was a known vacancy in the district judgeship, and that the vacancy was known to exist before the filing time (during the month of June 1972) and thus long before the next general election (November 7, 1972), the general intent and purbe pose of the act would be carried out by permitting them to file and the public Warner Leas John Sybrowsky Rec S - Larry Stevens, 4487 W 5500 S, Krns to Lib Th Ln; hhg, Stero , Skis, Access the statutes. presses me as unnecessarily strict and literal interpretation of and partly out Perhaps partly out of my desire as to what the law ought to be, to SL N Realty, 2520 to Tracy Col SLC Acct Rec I do not join with my colleagues of the majority in adhering to what im- E, 883 - Osborne Horse 723 ed ComputerSer Inc, S ! CROCKETT, Justice: (Dissenting) .7, Bus 400 Off Eq 724 20-1-7- N SLC - Joleene 722 Bus Computer Services Inc 400 W, N SL to Warner Leas Off Mach Trlr constitutional change and by equally unauthorized judicial legislation, to effect N 872 - Byron Harvey, 1241 Lavon SLC to Con Gds Cent Accept Corp; . v.larle to Hal. ay, 157 8 SLC to - Francis Rudd, Dt SLC 967 . W Gen CrCo; .hhg - Frank Martin Co, 1630 Statf 7 966 1 SLC S Warner Leas Co; hhgj qgg Mdvl 1031 CrpnteI Rambler hh JJmel wllcox 133 g 9 Ef to Carpenter CU; hhg, Eq . Kenneth Hulse, to Carpenter CU; 16 E 7 Av, Auto, hhg ir |