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Show COMPLETE TEXT OF PROPOSITION NO. 3 JUDICIAL ARTICLE REVISION A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO THE JUDICIAL ARTICLE OFTHE UTAH CONSTITUTION; PROVIDING THE VESTING FOR OF JUDICIAL POWER AND AUTHORITY TO ESTABLISH COURTS; PROVIDING FOR THE AND JURISDICTION OF THE SUPREME COMPOSITION COURT, THE DISTRICT COURT, AND OTHER COURTS; ESTABLISHING A JUDICIAL COUNCIL FOR ADMINISTRATION OFTHE COURTS OFTHE STATE; PROVIDING FORTHE QUALIFICATIONS AND MEANS OF SELECTING JUDGES; ESTABLISHING A JUDICIAL CONDUCT COMMISSION TO REVIEW COMPLAINTS AGAINST JUDGES; PROVIDING FOR CLARIFYING PROVI- A SYSTEM OF PUBLIC PROSECUTERS; SIONS RELATING TO THE COMPENSATION OF JUSTICES OF THE PEACE; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO AMEND ARTICLE XXI, AND SEC. 2, OFTHE UTAH CONSTITUTION; AND REENACT ARTICLE VIII, OF THE UTAH SECTION 1 REPEAL AND CONSTITUTION. s Be it resolved by the Legislature of the State of Utah, of all members elected to each of the two houses voting in favor thereof: Section 1 It is proposed to repeal and reenact Article VIII, of the Utah Constitution, to read: . The judicial power of the state shall be vested in court of general jurisdiction known as the district court, and in such other courts as the legislature bv statute may establish. The supreme court, the district court, and such other courts designated by statute shall be courts of record. Courts not of record shall also be established bv statute. Section 1. a supreme court, in a trial Sec. 2. The supreme court shall be the highest court and shall consist of at least five justices. The number of justices may be changed by statute, but no change shall have the effect of removing a justice from office. A chief justice shall be selected from among the justices of the supreme court as provided bv statute. The chief justice may resign as chief justice without resigning from the supreme court. The supreme court bv rule may sit and render final judgement either en banc or in divisions. The court shall not declare any law unconstitutional under this constitution of the Constitution of the United States, except on the concurrence of a majority of all justices of the supreme court. If a justice of the supreme court is disqualified or otherwise unable to participate in a cause before the court, the chief justice, or in the event the chief justice is disqualified or unable to participate, the remaining justices, shall call an active judge from an appellate court or the district court to participate in the cause. Sec. 3. The supreme court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The supreme court shall have appellate jurisdiction over all other bv statute, and power to issue all writs and orders necessary for the exercise of the supreme court's jurisdiction or the complete determination of any cause. matters to be exercised as provided Sec. 4. The supreme court shall adopt rules of procedure and evidence to be used in the courts of the state and shall bv rule manage the appellate process. The legislature may amend the rules of procedure and evidence adopted bv the of all members of supreme court upon a vote of both houses of the legislature. Except as otherwise provided bv this constitution, the supreme court bv rule may authorize retired justices and judges pro tempore to perform any judicial duties. Judges pro tempore shall be citizens of the United States. Utah residents, and admitted to practice law in Utah. The supreme court bv rule shall govern the practice of law, including admission to practice law and the conduct and discipline of persons admitted to practice law. s Sec. 5. The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall have appellate jurisdiction as provided bv statute. The jurisdiction of all other courts, both original and appellate, shall be provided bv statute. Except for matters filed originally with the supreme court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause. The number of judges of the district court and of other courts of record established bv the legislature shall be provided bv statute. No change in the number of judges shall have the effect of removing a judge from office during a judges term of office. Geographic divisions for all courts of record except the supreme court may be provided bv statute. No change in divisions shall have the effect of removing a judge from office during a judges term of office, Sec. 6. Sec. 7. Supreme court justices shall be at least 30 years old. United States citizens. Utah residents for five years preceding selection, and admitted to practice law in Utah. Judges of other courts of record shall be at least 25 years old. United States citizens. Utah residents for three years preceding selection, and admitted to practice law in Utah. If geographic divisions are provided for any court, judges of that court shall reside in the geographic division for which they are selected. Sec. 8. When a vacancy occurs in a court of record, the governor shall fill the vacancy by appointment from a list of at least three nominees certified to the governor by the judicial nominating commission having authority over the vacancy. The governor shall fill the vacancy within 30 days after receiving the list of nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice of the supreme court shall have 20 days make the appointment from the list of nominees. The legislature bv statute shall provide |