OCR Text |
Show for the nominating commissions composition and procedures. No member of the legislature may serve as a member of. nor may the legislature appoint members to. any judicial nominating commission. The senate shall consider and render a decision on each judicial appointment within 30 days of the date of appointment. If necessary, the senate shall convene itself in extraordinary session for the purpose of considering judicial appointments. The appointment, shall he effective upon approval of a majority of all members of the senate. If the senate fails to approve the appointment, the office shall be considered vacant and a new nominating process shall commence. Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political considerations. Sec. 9. Each appointee to a court of record shall be subject to an unopposed retention election at the first general election held more than three years after appointment. Following initial voter approval, each supreme court justice every tenth year, and each judge of other courts of record every sixth year, shall be subject to an unopposed retention election at the corresponding general election. Judicial retention elections shall be held on nonpartisian ballot in a manner provided by statute. If geographic divisions are provided for any court of record, the judges of those courts shall stand for retention election only in the geographic division to which they are elected. Sec. 10. Supreme court justices, district court judges, and judges of all other courts of record while holding office may not practice law, hold any elective noniudicial public office. or hold office in a political party. action which constitutes willful misconduct f 11 in office: final conviction of a crime punishable as a felony (21 under state or federal law: willful and persistant failure to perform judicial (31 duties: (4) disability that seriously interferes with the performance of judicial duties: or (51 conduct prejudicial to the administration of justice which brings a judicial office into dispute. Prior to the implementation of any commission order, the supreme court shall review the commissions proceedings as to both law and fact. The court may also permit the introduction of additional evidence. After its review, the supreme court shall, as it finds just and proper, issue iis order implementing, rejecting, or modifying the commissions order. The legislature by statute shall provide for the composition and procedures of the Judicial Conduct Commission. Sec. 14, The legislature shall provide for the compensation of all justices and judges. The salaries of justices and judges shall not be diminished during their terms of office. Sec. 15. The legislature may provide for the mandatory retirement of justices and judges from office. Sec. 11. Judges of courts not of record shall be elected in a manner, for a term, and with qualifications provided by statute. However, no qualification may be imposed which requires judges of courts not of record to be admitted to practice law. The number of judges not of record shall be The legislature shall provide for a system of public prosecutors who shall have primary responsibility for the prosecution of criminal actions brought in the name of the State of Utah and shall perform such other duties as mav be provided by statute. Public prosecutors shall be elected in a manner provided by statute, and shall be admitted to practice law in Utah. If a public prosecutor fails or refuses to prosecute, the supreme court shall have power to appoint a provided by statute. proseutor pro tempore. A Judicial Council is established, which shall for the administration of the courts of the state. rules adopt The Judicial Council shall consist of the chief justice of the supreme court, as presiding officer, and such other justices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the constitution or by statute. The chief justice of the supreme court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judical Council, Section 2. It is proposed to amend Article XXI, Section of the Utah Constitution, to read: Sec, 12. Sec. 13. A Judicial Conduct Commission is established which shall investigate and conduct confidential hearings regarding complaints against any justice or judge. Following its investigations and hearings, the Judicial Conduct Commission may order the reprimand, censure, suspension, removal, or involuntary retirement of any justice or judge for the following. Sec. 16. 1, (AHStatel Unless otherwise provided bvlaw. all state, district, city, county, town, and school officers ; excepting notaries public; boards of arbitration, court commissioners, justices of the peace and constables, shall be paid fixed and definite salaries! : Provided, that city justices may be paid by salary when so determined by the mayor and council of such cities . Section 1. Section 3. It is proposed to amend Article XXI, Sec. the Utah Constitution, to read: 2, Sec. 2. The Legislature shall provide by law, for the fees (whieh shad) to be collected by all officers within the (State) state, (hotels cs public, boards of arbitration, court commit Stoners justices of the peaces and constables paid by fee oTTBTT ovvcyl 3211(1 IW3 S3 inCTi III 11 CUiTipCnSBLIUn. Dut BIT of |