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Show Juvelin seeks court ruling Iron County Democratic Chairman Ray Juvelin Friday said he has asked for a ruling from the Utah attorney general on whether state legislature and as Iron County County commissioner. com-missioner. Juvelin said his decision to seek a ruling came after he received a letter from Iron County Attorney James L. Shumate this week. Juvelin recently had requested Shumate to submit his leagl opinion on the matter. In Shumate's letter of Oct. 8, Shumate said the question probably rests within the legislature itself or some other entity at the state level rather than with Iron County. Jones was appointed to fill out a vacancy created by the death of Commission Com-mission Chairman H. Grant Seaman last summer. He will hold the position until after the general election is held Nov. 4. Shumate's letter stated: "The problem arises with his operation as a legislator for the two subject counties. (Iron and Kane). The con stitutional prohibition lor a person in a position of public trust to serve in the legislature as well, affects the ability of Mr. Jones to serve in the legislature, but does not affect his ability to serve as a county commissioner." com-missioner." He added that as to who has jurisdiction over who sits in the 'legislature, "I would suppose that probably rests within the legislture itself or ome other entity at the state, level, rather than with Iron County." In his letter to Attorney General Robert Hansen, Juvelin quoted provisions of the Utah Constitution raising questions about the "appointment. The constitutional questions Juvelin referred to were Article V. Section 3, which indicated that the term of office of a member of the House of Representatives "shall be two years." Artice V, Section 6 also was cited by Juvelin. It states, "No person holding any public office of profit or trust under authority of the United States or this State shall be a member of the Legislature." Finally, Article XI, Section I was noted by Juvelin. It declares that a county is a legal subdivision sub-division of the state. "Since he is now holding office of public trust in a legal subdivision sub-division of Utah, Iron County, concern arises as to the constitutionality of this one person holding positions both as a State Representative and as a County Commissioner," Juvelin said. |