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Show Page 4 Utah Farm Bureau News habeas corpus on behalf of any person in the state. It may be made returnable before himself on any district judge. In all cases, other than the issuance of the extraordinary vacant for any reason, it is filled by writs, the Supreme Court has appointment by the Governor from appellate jurisdiction only. Tins is a list of three nominees submitted the authority to r review by the State Judicial Nominating judgements, orders, and decrees of Committee. An appointee serves the district courts and the until the next general election, decisions and rulings of adwhen his name is placed on a ministrative bodies of the State, nonpartisan ballot. Any qualified such as the Industrial Commission, member of the bar may file can- Tax Commission, Department of didacy to oppose him. If no op- Business Regulation, and the State ponent files, die appointees name Engineer. appears alone, opposite the The Utah Supreme Court (his name) prescribes rules of procedure and question: Shall be retained in the office of Justice exercises general supervision and of the Supreme Court of Utah? If control over the inferior courts of there is a contest, the candidate the State. receiving the greatest number of Utah law gives the Supreme votes is elected. If there is no Court power to . . . prescribe, contest, the incumbent must alter, and revise, by rules, for all receive a majority of the votes cast courts of the State of Utah, the or else the office becomes vacant, forms of processes, writs, and will be filled by appointment in pleading, and motions and the the prescribed manner. practice and procedure in all civil actions and Three or more justices constitute and criminal . . and also divorce, . a quorum for the hearing of cases proceedings and guardianship before the Utah Supreme Court, probate, and the concurrence of at least proceedings. This extensive grant three is required to reach a of power is qualified by the decision. provision that rules made for the Salary of a Supreme Court courts may not abridge, enlarge, Justice (since 1971) is $23,000 a or modify the substantive rights of year, second highest in the scale of any litigant. salaries of elected state officials, coming between that of the DISTRICT COURTS Governor ($30,000) and that of the Attorney General ($22,000). The district courts are created The Supreme Court has both by the Utah Constitution as the original and appellate jurisdiction. courts of general jurisdiction to try Original jurisdiction lies in the all matters, civil and criminal. Courts authority to issue ex- They thus become the most imtraordinary writs, such as habeas portant courts in the judicial corpus (to require that an arrested system, although their decisions or accused person be brought may be appealed to the Supreme before a judge without delay, to Court The district courts also inquire into the lawfulness of his serve as courts of appeal from the incarceration); certiorari (calling city and justices courts in their up the record of an inferior court or geographical areas. In appeals to a quasi-judicibody) ; mandamus the district courts from justices (to require that a specific official courts, decision of the district duty or act be carried out); court is final and may not be prohibition (an order to restrain or further appealed to the Supreme estop); quo warranto (an order to Court unless the validity or conshow by what authority someone stitutionality of a statute is in exercises a public office, liberty, or question. Utah is divided into seven franchise). Each Supreme Court Justice may issue the writ of judicial districts, as follows: November, Utah's Judicial System Editors note: Tlie following is a continuation of Utah Foundation Report number 306. An. un- derstanding of Utahs Judicial system is necessary to fully appreciate and understand our legal system. To that end we reprint this additional information on this subject It will hopefully be of interest to you. SUPREME COURT Five justices form Utah's Supreme Court, which is the court of last resort on questions of state law. Justices are now initially appointed by the Governor, but must run at the next general election and at the end of their regular terms if they desire to retain their office, against any qualified opponent who chooses to oppose them, or on their record if no opponent appears, as described below. Originally, candidates for the Utah Supreme and district courts were nominated by political parties and their names appeared on the regular partisan ballot. In 1951 the law was amended to a provide separate, ballot for judicial offices. The present system was enacted into law in 1967. Supreme Court justices serve ten-yestaggered terms, and the elected for a full term (not justice a filing vacancy created by death, disablement, retirement or other cause) who has the shortest time remaining in his term of office acts as Cheif Justice and presides over sessions of the Court. On reaching the mandatory retirement age provided by law" (72 years for Supreme Court justices and 70 years for other judges by a 1967 amendment) a judge must retire and his office becomes vacant. A judge may be involuntarily retired for cause, including physical or mental incapacity, or refusal or failure to perform his duties. When the office of Supreme Court Justice becomes non-partisa- n, ar AliO-WIN"WA- COMES TO THE FARM R al FLIP-DOW- SUN GLASSES District (1) comprising Box Elder, Cache, and Rich Counties, with one judge; (2) Davis, Morgan, and Weber Counties, four judges not more than three of whom may be from the same county; (3) Salt Lake and Tooele Counties, ten judges; (4) Daggett, Duchesne, Utah, and Wasatch Counties, three judges; (5) Beaver, Iron, Juab, Millard Uintah, Summit, and Washington Counties, one judge; (6) Garfield, Kane, Piute, Sanpete, Sevier, and Wayne Counties, one judge; (7) Carbon, HARD HAT WITH WI0E BRIM N ROLL BAR 'GEAR PROTECTORS PADDED-BA- AUTOMATIC -VOLUME WHOA HIGH SEAT CK &HEAP RESTRAINT BACK-U- P MASK LIGHTS TAILLIGHTS & DIRECTIONAL LIGHTS & SAFETY GOGGLES SHOULDER HARNESS 180 REAR VIEW MIRROR AUTOMATIC, CHEST PROTECTOR AIR-FILL- HEAD LIGHTS MAPS, IF YOU GET LOST & CHECK LIST BEFORE RIDING PRESCRIPTION SAFETY GOGGLES TO INSURE L FLY REPELLENT SEAT BELT L SELf? STARTER (ACCESSORY) SAFETY SWITCHES TO INSURANCE SAFETY HOTLINE KNEE PADS (JUST IN & QUILTED PANTS COMPANY NET-A- LL E.P.A. AROUND 4 EMISSIONS CONTROL SYSTEM WHEELS to keep Horse 'UPRIGHT IN CASE HE CASE) STIRRUPS STEEL-TOE- D Emery, Grand, and San Juan Counties, two judges until January 1, 1973, after which date, one judge. The district court is required to meet in each county seat within its jurisdiction at least three times a year. District judges serve terms, and are appointed and retain office under rules and procedures similar to those apsix-ye- ar plying to Supreme Court justices. District judges salaries are fixed by the Legislature ($21,000 a year since 1971). District judges may serve in counties outside their judicial districts at the request of the judge of the district concerned, and have the duty to do so when requested by the Governor or the court administrator. Under a 1967 law, amended, the clerk of the Supreme Court acts as administrator to the district courts, and a district judge is selected to serve as assignment justice. The latter assigns district judges and court reporters to serve temporarily in districts other than their own when they are needed. Retired judges may also be temporarily recalled to duty and assigned to meet emergency situations. City judges, active or retired, may also be called to temporary service in district BLUE-TAI- horses Good vision. GRAB-RAI- , - SAFETY ROPE -- WHEN OTHER SYSTEMS FAIL BIRD-CAG- E 1972 SLIPS -- HtHCL NOT ENDANGERING the rider. NON-SKI- D SPARK SUPPRESSORS after O.S.H, Cowboy and Health Admlnlotratlon) (Occupational Safety courts. Originally the assignment justice was a member of the Supreme Court selected by the Governor, later a Supreme Court justice selected by the justices from among their own number. A 1971 amendment provided that the district court judges select one of their own number to act as assignment justice. Under this system, the' number of cases awaiting trial and the delay in bringing cases to trial has been substantially reduced. Over most of the state, criminal cases are brought to trial within a month, and civil cases within two months of the time a demand for trial is brought by either party. Biggest time lag is in the Third Judicial District, where the average is reported to be approximately one month for. criminal cases and eight months for civil cases. By way of comparison, it might sometimes take twelve to eighteen months to bring a case to trial before the assignment justice system was adopted. |