Show THEIR TERM OF OFFICE lo in view of the election of cherry and norrell to the ibe bench in this district judge street asked attorney general bishop for an aa opinion as ae to the time timela to which the present incumbents cum bents shall bold and the following reply was wag transmitted lion hoo john A street judge of the he third judicial district bait lake city utah dear sir I 1 am in receipt of your communication asking my opinion oo on the question will the judges or of the thea 1 I bird judicial district elected at the late election take sion aion of their offices on the first mon day to in january next or can they under the law take possession before that tinn 1 I have examined the constitution and election law jaw bearing upon this subject and I 1 find the following pro nF 9 of article 4 of the constitution provide all general elections except for municipal and school offices officer shall be held on the tuesday next following the first monday in november of the b year to lo which the election is behl special elections may be held bold as provided by law the term of all officers officer elected at any general election shall commence on the he first mond monday in january next following the date of their election 00 section 10 of article 7 of the constitution ution being provision for the filling ol of vacancies caused by resignation or death provides among other things if the office of the justice of we the supreme or district court secretary ol of state etc be vacated by death real resignation 9 or otherwise it shall be the daiy of 0 the governor to fill the same by appointment and the appointee shall ball hold his bis office until his bis successor shall be elected and quality qualify as may be by law provided section 6 5 of chapter being an act concerning elections Is as follow eIf a vacancy occurs so in the abe office of judge ot of the he supreme or district court secretary of iduate etc toe governor shall hall ap point a person to bold the office until the election and qualification of his successor to fill the vacancy which election shall take place at the next succeeding general election and the person so elected shall hold bold the be office tor for the remainder of the term it will be noticed that section 6 5 last above quo tedis identical with that of section 10 article 7 of the Cons titu tion tien above quoted except that it fixes the time of said election at the next succeeding general election ejection and also determines determine ii the term of office that Is 1 the terra term of the person causing the me vacancy of toe the person elected eleo ted section 2 of chapter fixes the time for balding general elections and provides that they shall be for the purpose of choosing in proper year yeam officers officer including district cist riot officers ficen of section 8 provides special elections wo aie such as are aie held at other times for any purpose required by law jaw except municipal and school elections so 89 far as it la is provided by law there is no authority ti ft r the calling of an election to till fill a vacancy la in the office of district dietrict lodge judge at any other time than a general election and section 6 of chapter last quoted expressly provides that salu election shall take place at the next succeeding general election sections Sect ioro 82 and 88 83 of this act provides tor for the transmission of election returns to the secretary of state section 84 34 provides that on the first monday ot of december alter after the date of election at 12 noon or to la case of special election at 12 velock o noon on the day following receipt by the secretary of state of the last or of the returns of said special elec electious tiou the state auditor state treasurer and attorney who shall constitute a board of state canvassers can must meet in the office of tie t 1 a secretary of state and compute and determine the vote and toe the secretary of state who is secretary of said board must make and file in his office statement thereof and transmit a copy of such statement to the governor section 86 85 of same act pro vides that upon receipt 0 of such copy mentioned in section 84 the governor must lesue issue commissions to the persons persona who from it appear to have received the highest number of votes to be filled at such election it is my opinion that so far as the district judges are concerned the late election was a general election within the meaning of section 6 5 of chapter 1251 of the laws of 1896 above quoted and that bat as to them it was not a special election as a special election as defined dell nod by the statute is such as is hold held at other times and than time fixed for the general election as lound found in section 1 of that act these enactments not changing in soy any way the provisions of the constitution it therefore follows that the time of the commencement ut of the terms of said mid judges would be govern ed by section 2 of article 4 ot of the constitution above quoted which provides tbt the terms of all officer 91 core eleeter at any general election shall commence ou on the first bret monday in january next following lowing lol the date of their election the provision of the election jaw above quoted 84 34 and 86 touching upon the manner and time of canvassing the election returns by a board of state canvassers and the transmission of a copy of the computation ot of the vote vole by the board to the Je vernor and the authority of the Gover governor norl upon the receipt of the copy to issue commissions to the persons receiving the highest number of voter does not appear to be in conflict with any of the other provisions of the election law it will be noticed that section 86 of that act simply provides for the issuing of at commissions to the persons persona elected tout but does not provide that they shall hold office or be entitled to their office upon qualifying under the governors governor la commission and to io order to determine the time of taking possession of the he office we must con older eider section 86 in connection with see sec tion 9 of article 4 of the constitution which fixes the first monday in january lexe nexe following the date of election as aa the commencement of the term of all officers elected at the general biec election it la Is therefore my opinion that thai abe judges of the third judicial district elected at the late general election having been elected to lilithe fill the terms of judges howat and ana young resigned at the general election e ISO cannot legally take possession ot of the office and discharge the duties thereof until the first monday in january 1897 very respectfully yours A C BISHOP attorney generah |